Originally published in Funds Europe, February 2011
"What we have seen during the past year is steadily improving confidence in the markets, and in Guernsey, we are seeing growth in the alternative asset classes and, in particular, private equity..." says Patrick Firth, Chairman of the Guernsey Investment Funds Association (GIFA).
When the Guernsey Investment Funds Association (GIFA) last contributed to these pages at the end of 2009 it was at a time when, internationally, the funds industry was still very much feeling the effects of the global financial crisis. It remained unclear both how deep the impact might be felt and how long it may take to navigate the road to recovery. In addition, we were seeing an increased focus on offshore centres, as well as a greater drive towards regulation most notably in the form of the EU's Alternative Investments Fund Managers (AIFM) Directive. I am glad to be able to report that Guernsey has proved extremely resilient and we have also been particularly proactive in ensuring that the island has a funds industry that is well-placed for the future.
Latest figures
The latest figures from the Guernsey Financial Services Commission
(GFSC) show that the value of funds under management and
administration in the island reached a record high of
€284bn at the end of September 2010. This represents
growth of 34% year on year and 8.4% in the third quarter of
2010.
What we have seen during the past year is steadily improving
confidence in the markets. In Guernsey, we are especially
seeing growth in the alternative asset classes and, in particular,
private equity, where there is more than €72.5bn of
business in Guernsey. We have also seen the launch of structures
investing into niche markets such as dispute resolution, films and
classic cars, with the Guernsey closed-end, registered fund route
proving a very attractive option for these more esoteric asset
classes.
Undoubtedly, the capacity for Guernsey domiciled funds to list on
the Channel Islands
Stock Exchange (CISX), the London Stock Exchange (LSE) and Euronext is a major incentive. Indeed, figures
from the LSE show there are more Guernsey-incorporated companies
listed on its markets than any of our competitors. This is a
message we believe will particularly resonate with professionals
working in emerging markets. Indeed, separate LSE figures reveal
that of those Indian entities on the Alternative Investment Market
(AIM) at the end of October 2010, the latest five to list were all
incorporated in Guernsey, including three added during 2010.
We are also seeing growth in non-Guernsey domiciled funds where
some aspect of management, administration or custody is carried out
in the island. This is an area that has been performing very well
in the past year, in part, due to established fund managers
relocating operations to the island.
While overall values have recovered extremely well, we have experienced a moderate fall in the total number of schemes domiciled on the island. That is predominantly due to the fact that service providers have taken the opportunity to rationalise portfolios by closing those structures effectively lying dormant. However, that downward trend actually reversed in the last quarter, principally due to new formations in the closed-end sector.
AIFM
This performance shows there is continued confidence in Guernsey
as a funds domicile. When the AIFM Directive was launched, our
future was questioned by some, but GIFA has been working closely
with both the GFSC and the Guernsey Government to inform colleagues
and peers in Europe about our funds industry and the outcome so far
has been positive.
The AIFM agreement that has been reached at Level 1 retains
national private placement regimes and therefore means that
managers/funds from jurisdictions outside the EU, such as Guernsey,
retain access to EU investors on current terms at least until 2018,
and possibly longer. A passport regime is set to be introduced from
2015 for third countries (two years earlier within the EU) and
national private placement can only fall away after 2018 if that
third country passport is working effectively. In Guernsey we are
now working hard in this area. We are confident the island
– on the OECD "white list" and boasting a new
and impressive set of evaluation reports from the IMF –
is well placed for meeting the likely criteria for third countries
seeking to enter the passport regime.
It will be interesting to see how the cost of this regulation
compares to investors' perception of the benefit. It may be
that some investors who do not need to have structures in the EU
will see Guernsey as a well-regulated and cost-effective place to
do business. In addition, Guernsey will not be closed to business
which does not touch Europe in any way, being able to offer both EU
and non-EU products going forward. Arguably, it may offer a better
solution for inward investment into the EU than an EU
vehicle.
In summary, we believe that it is business as usual for Guernsey
and the funds industry is very well placed for the future at this
time of marked change.
For more information about Guernsey's finance industry please visit www.guernseyfinance.com.
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