This briefing is part of a Walkers series on the Data Protection (Bailiwick of Guernsey) Law, 2017 ("the DPL") was drafted to reflect the EU's General Data Protection Regulation (the "GDPR"). The DPL came into effect on 25...more
The Minister for External Relations of the Government of Jersey (GoJ) recently announced a public consultation seeking views on a number of proposed changes to the operation of the Common Reporting Standard (CRS) and the US...more
In our recent article (available here) we reported that the Guernsey Financial Services Commission (the "GFSC") had been granted leave to appeal to the Court of Appeal. The GFSC obtained leave to appeal on the basis of a...more
Introduction -
The Trading Standards (Fair Trading) (Guernsey) Ordinance, 2023 (the "Trading Standards Ordinance") is due to come into force on 2 October 2023. From this date, businesses in Guernsey will be subject to...more
Introduction -
The Trading Standards (Fair Trading) (Guernsey) Ordinance, 2023 (the "Trading Standards Ordinance") is due to come into force on 2 October 2023. From this date, businesses in Guernsey will be subject to...more
8/22/2023
/ Bodily Injury ,
Burden of Proof ,
Compensation ,
Contract Terms ,
Financial Services Industry ,
Foreign Currency ,
Insurance Industry ,
Island of Guernsey ,
Negligence ,
Summary of Consumer Rights ,
Unfair Contract Terms
This briefing explains Guernsey’s adoption of rigorous international tax and regulatory standards, which, in conjunction with its local tax law, make it an ideal location for investment funds and other investment vehicles....more
8/9/2023
/ Anti-Money Laundering ,
Beneficial Owner ,
EU ,
FATCA ,
General Data Protection Regulation (GDPR) ,
IAIS ,
International Monetary Fund ,
International Tax Issues ,
Island of Guernsey ,
Jurisdiction ,
OECD ,
Regulatory Agenda ,
Taxation ,
Telecommunications ,
TIEA ,
Transparency ,
UK
In our recent article (available here) we considered the findings of LB Marshall KC in Domaille, Clarke & Hannis (together the "Respondents") and the Guernsey Financial Services Commission (the "Royal Court Judgment"). In the...more
The Guernsey Financial Services Commission ("GFSC") updated its Handbook on Countering Financial Crime and Terrorist Financing (the "Handbook") in early July 2023 and the updates included a new requirement for a "specified...more
This briefing is the fourth in a series of briefings by Walkers on the Lending, Credit and Finance (Bailiwick of Guernsey) Law, 2022 (the "LCFL"), and provides an overview of the licensing regime applicable to Virtual Asset...more
This briefing is the third in a series of briefings by Walkers on the Lending, Credit and Finance (Bailiwick of Guernsey) Law, 2022 (the "LCFL"), and provides an overview of the licensing regime applicable to "financial firm...more
This briefing is the second in a series of briefings by Walkers on the Lending, Credit and Finance (Bailiwick of Guernsey) Law, 2022 (the “LCFL”), and provides an overview of the licensing regime applicable to consumer...more
From 1 July 2023, the Lending, Credit and Finance (Bailiwick of Guernsey) Law, 2022 (the "LCFL") came into full effect, replacing and expanding upon the previous now repealed regime under the Registration of Non-Regulated...more
Providing services as a director in Guernsey is, in principle, subject to licensing under the Regulation of Fiduciaries, Administration Businesses and Company Directors, etc (Bailiwick of Guernsey) Law, 2020 (the “Fiduciaries...more
The Guernsey Financial Services Commission ("GFSC") has updated its Handbook on Countering Financial Crime and Terrorist Financing (the "Handbook") to cover virtual asset service providers ("VASPs") and other licensees...more
Guernsey and Jersey have today issued a joint statement with the Isle of Man on their intentions to implement the OECD global initiative to set a minimum effective tax rate for the world’s largest multinational enterprises,...more
On 1 April 2022, the UK introduced a new tax advantaged corporate structure, a “qualifying asset holding company” (“QAHC”), which benefits from a number of UK tax breaks.
A crucial requirement for QAHC eligibility is...more
Guernsey was the first jurisdiction to implement the protected cell company ("PCC"), doing so over 25 years ago. The PCC was originally created for use in insurance structures, although today it is also widely used for...more
The Private Investment Fund Rules ("PIF") regime was updated by the Guernsey Financial Services Commission ("GFSC") in 2021 to expand the available PIF product options. PIFs are governed by the Private Investment Fund Rules...more
Jersey's economic substance regime has been in existence for four years now. On the one hand its scope has expanded to include partnerships as well as self-managed corporate funds; but on the other hand certain exemptions...more
The Guernsey Financial Services Commission (the “GFSC”) has issued The Lending, Credit and Finance Rules and Guidance, 2023 (the “Rules”) which govern businesses that will be regulated under the Lending, Credit and Finance...more
This memorandum describes certain features of Guernsey fund regimes. It is intended to be a summary only, and is not exhaustive. It is not a substitute for detailed legal advice, which can be obtained from your usual Walkers...more
This briefing is the third in a series of briefings by Walkers on the Lending, Credit and Finance (Bailiwick of Guernsey) Law, 2022 (the “LCFL”), and provides an overview of the licensing regime applicable to “financial firm...more
This briefing is the second in a series of briefings by Walkers’ on the Lending, Credit and Finance (Bailiwick of Guernsey) Law, 2022 (the “LCFL”), and provides an overview of the licensing regime applicable to consumer...more
9/22/2022
/ Annual Percentage Rate (APR) ,
Credit Cards ,
Debt Restructuring ,
Draft Guidance ,
Licensing Rules ,
Mortgages ,
Proposed Rules ,
Refinancing ,
Repayment Options ,
Secured Debt ,
Unfair Contract Terms ,
Unsecured Debt
1 . Aircraft and Engine Purchase and Sale -
1.1 Sales Agreements -
1.1.1 Taxes/Duties Payable Upon Execution of the Sales Agreement There are no Guernsey taxes or duties payable upon executing an aircraft or engine...more
8/30/2022
/ Aviation Industry ,
Bill of Sale ,
Enforcement ,
Exports ,
Financial Leasing Agreements ,
Foreign Judgments ,
Insolvency ,
Insurance Industry ,
Lease Term ,
Lessor ,
Liability ,
Liens ,
Maintenance ,
Registration ,
Reinsurance ,
Sales Tax ,
Transfer of Title
The States of Guernsey has approved the Lending, Credit and Finance (Bailiwick of Guernsey) Law, 2022 (the “LCFL”) which will regulate various virtual asset service providers (“VASPs”) and financial services businesses...more