Guernsey is a jurisdiction with a proven track record in property funds.
With typical property fund life cycles of between 10-12 years, the fact that Guernsey has experience dating back to the early 1980s when property funds were in their infancy is both reassuring and a strong credential for fund promoters looking for a jurisdiction where property works.
Promoters of Guernsey funds include:
ING Real Estate
Growth in property funds
The net asset value of property funds in Guernsey has grown dramatically over the past 5 years, with growth of 105% during 2006.
Pragmatic regulation – The Guernsey Financial Services Commission promotes a pragmatic regulatory environment for property funds.
Fast track capability – Self-certification Qualifying Investor Funds (QIFs)enable very short authorisationtimes and a parallel registered fund regime is being introduced. The streamlined consent process for registered closed-ended funds came into effect on 1 February 2007.
Competitive tax environment – Property funds are structured so that no liability to tax will arise in Guernsey. No VAT is payable in Guernsey.
IT solutions – Many administrators have software systems developed specifically for property funds, providing effective solutions for both complex and simple property fund structures.
Legislation – Guernsey has a modern limited partnership law and company law. A Guernsey limited partnership can elect to have a legal personality.
With more than 20 years of experience in property funds Guernsey has a pool of dedicated specialists.
Experienced administrators – As well as fund managers and custodians, Guernsey has more than 45 administrators (many of them international operations), with a significant number dedicated to the provision of property administration services.
Accounting services – the big four all have large offices on the Island, in addition to other accounting practices.
Legal expertise – all of the principal local law firms have specialists with property expertise.
For more information about Guernsey's finance industry please visit www.guernseyfinance.com.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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Back in Issue 05 of IQ, we examined the decision in Yam Seng PTE Ltd v International Trade Corporation Ltd and looked at whether a general obligation of good faith could be implied into contracts made in accordance with English law.
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