Legislation and Guidance

This page provides links to relevant laws, regulations, instructions, rules, codes, guidance and other documents.  It should be noted that, whilst the Commission has taken all reasonable steps to ensure that the information shown on this website is accurate, the Commission does not accept any responsibility for errors made.  Where possible links have been provided to the relevant page of the Guernsey Legal Resources ("GLR") website reflecting up-to-date consolidated versions of laws and regulations.  Original versions can also be found on the GLR website.  Please note, the Commission cannot be held responsible for the content of external websites.

The following relevant legislation is posted and reproduced with the consent of the States of Guernsey.

Law

Banking Supervision (Bailiwick of Guernsey) Law, 2020
Financial Services Business (Enforcement Powers) (Bailiwick of Guernsey) Law, 2020
Protection of Investors (Bailiwick of Guernsey) Law, 2020
Regulation of Fiduciaries, Administration Businesses and Company Directors, etc (Bailiwick of Guernsey) Law, 2020
Lending, Credit and Finance (Bailiwick of Guernsey) Law, 2022
Interpretation and Standard Provisions (Bailiwick of Guernsey) Law, 2016
Al Qaida (Restrictive Measures) (Guernsey) Ordinance 2013
Banking Deposit Compensation Scheme (Bailiwick of Guernsey) Ordinance, 2008 (Consolidated text)
Charities and Non Profit Organisations (Enabling Provisions) (Guernsey and Alderney) Law, 2009
Charities and Non Profit Organisations (Investigatory Powers) (Bailiwick of Guernsey) Law, 2008
Charities and Non Profit Organisations (Registration) (Guernsey) Law, 2008
Charities and Non Profit Organisations (Registration) (Sark) Law, 2010
Criminal Justice (Fraud Investigation) (Bailiwick of Guernsey) Law, 1991
Criminal Justice (International Cooperation) (Bailiwick of Guernsey) Law, 2001
Criminal Justice (Proceeds of Crime) (Bailiwick of Guernsey) (Amendment) Ordinance, 2017 521.8KB -
Criminal Justice (Proceeds of Crime) (Bailiwick of Guernsey) Law, 1999
Data Protection (Bailiwick of Guernsey) Law, 2017 (Consolidated text)
Data Protection (Transfer in the Substantial Public Interest) Order, 2002 104.6KB -
Disclosure (Bailiwick of Guernsey) Law, 2007 (Consolidated text)
Drug Trafficking (Bailiwick of Guernsey) (Designated Countries and Territories) Ordinance, 2000
Drug Trafficking (Bailiwick of Guernsey) Law (Enforcement of External Forfeiture Orders) Ordinance, 2000
Drug Trafficking (Bailiwick of Guernsey) Law, 2000
Financial Services Commission (Site Visits) (Bailiwick of Guernsey) Ordinance, 2008 (Consolidated Text)
Foundations (Guernsey) Law 2012 (Consolidated text) 695.6KB -
Insider Dealing (Securities and Regulated Markets) Order, 1996
Insurance Business (Bailiwick of Guernsey) Law, 2002
Insurance Business (Financial Guarantee Insurance : Special Provisions) (Guernsey) Law, 1996
Insurance Managers and Insurance Intermediaries (Bailiwick of Guernsey) Law, 2002
Libya (Restrictive Measures) (Guernsey) Ordinance 2016
Libya (Restrictive Measures) (Guernsey) Ordinance, 2011 (Consolidated text) 153.8KB -
Limited Partnerships (Guernsey) Law, 1995 500.3KB -
Machinery of Government (Transfer of Functions)(Guernsey) Ordinance, 2003 35.7KB -
Machinery of Government (Transfer of Functions)(Guernsey) Ordinance, 2003 (Commencement) Ordinance, 2004 7.2KB -
Misuse of Drugs (Bailiwick of Guernsey) Law 1974
No.18 Insider Dealing (Securities & Regulated Markets) (Amendment) Order, 2000 166.1KB -
No.22 Insider Dealing (Securities & Regulated Markets) (Amendment) Order, 2017 99.4KB -
No.6 Insider Dealing (Securities & Regulated Markets) (Amendment) Order, 1997 114.9KB -
No.64 Insider Dealing (Securities & Regulated Markets) (Amendment) Order, 2008 136.6KB -
Prescribed Businesses (Bailiwick of Guernsey) Law, 2008
Registration of Non-Regulated Financial Services Businesses (Bailiwick of Guernsey) Law, 2008
Syria (Restrictive Measures) (Guernsey) Ordinance, 2012
Terrorism and Crime (Bailiwick of Guernsey) Law, 2002
Terrorist Asset Freezing etc Act 2010 (Guernsey) Order 2011 112.9KB -
Terrorist Asset-Freezing (Bailiwick of Guernsey) Law, 2011
Terrorist Asset-Freezing etc. Act 2010
Borrowing (Control) (Bailiwick of Guernsey) Law, 1946
Companies (Guernsey) Law 2008
Company Securities (Insider Dealing) (Bailiwick of Guernsey) Law, 1996
Financial Services Commission (Bailiwick of Guernsey) Law, 1987
Financial Services Commission (Limitation of Liability) Ordinance, 1990
Transfer of Funds (Alderney) Ordinance, 2017
Transfer of Funds (Guernsey) Ordinance, 2017
Transfer of Funds (Sark) Ordinance, 2017

Regulations

Amalgamation and Migration of Companies (Fees payable to the Guernsey Financial Services Commission) Regulations. 2012
Lending, Credit and Finance (Designated Jurisdiction) Regulations, 2023
Criminal Justice (Proceeds of Crime) (Bailiwick of Guernsey) (Fees) (Amendment) Regulations, 2021
Financial Services Commission (Limited Liability Partnerships) (Fees) Regulations, 2021
Limited Partnerships (Fees) Regulations, 2020
Banking Supervision (Bailiwick of Guernsey) Regulations, 1994
Companies (Incorporated Cell Companies) (Prescribed Classes) Regulations, 2021 225.6KB -
Criminal Justice (Proceeds of Crime) (Financial Services Businesses) (Bailiwick of Guernsey) Regulations, 2007 (Consolidated as at 2013) 466.1KB -
Criminal Justice (Proceeds of Crime) (Restriction on Cash Transactions) (Bailiwick of Guernsey) Regulations, 2008
EC Regulation No. 2580/2001 to Combat Terrorism
EU Regulation No. 881/2002 - Al-Qaida Network and the Taliban
Investor Protection (Designated Countries and Territories) (Amendment) (AIFMD) Regulations, 2015
Investor Protection (Designated Countries and Territories) (Republic of Ireland) Regulations, 1992
Investor Protection (Designated Countries and Territories) Bailiwick of Guernsey) Regulations, 2017 230.5KB -
Investor Protection (Designated Countries and Territories) Regulations, 1989
Protection of Investors (Market Abuse) (Bailiwick of Guernsey) Regulations, 2008
Terrorism and Crime (Bailiwick of Guernsey) Regulations 2007 (Consolidated text) 343.2KB -
Financial Services Commission (Administrative Financial Penalties) (Bailiwick of Guernsey) Regulations, 2021
Uncertificated Securities (Guernsey) Regulations, 2009

Instructions

Financial Services Businesses Instruction (Number 01) 57.9KB -
Financial Services Businesses Instruction (Number 02) 47KB -
Financial Services Businesses Instruction (Number 03) 55.7KB -
Financial Services Businesses Instruction (Number 04) 55.9KB -
Financial Services Businesses Instruction (Number 05) 17.2KB -
Financial Services Businesses Instruction (Number 06) 50.2KB -
Financial Services Businesses Instruction (Number 14) Business from Sensitive Sources - Iran 55.9KB -
Instruction Number 01/2017 for Financial Services Businesses 367.3KB -
Instruction Number 01/2017 for Prescribed Businesses 367.1KB -
Instruction Number 02/2017 for Financial Services Businesses 269.1KB -
Instruction Number 02/2017 for Prescribed Businesses 268.9KB -
Instruction Number 03/2017 for Financial Services Businesses 268KB -
Instruction Number 03/2017 for Prescribed Businesses 267.8KB -
Instruction Number 04/2017 for Financial Services Businesses 271.7KB -
Instruction Number 04/2017 for Prescribed Businesses 271.5KB -
Instruction Number 04/2019 for Specified Businesses 154.8KB -
Instructions and Notices - Record of Changes 396.8KB -
Prescribed Businesses Instruction (Number 01) 53.9KB -
Prescribed Businesses Instruction (Number 02) Suspicion Reports 49.1KB -
Prescribed Businesses Instruction (Number 03) 52.7KB -
Prescribed Businesses Instruction (Number 04) 17.4KB -
Prescribed Businesses Instruction (Number 12) Business from Sensitive Sources - Iran 56KB -

Rules

AIFMD (Marketing) Rules, 2021
AIFMD Rules and Guidance, 2021
Authorised Closed-Ended Investment Schemes Rules and Guidance, 2021
Banking Supervision (Accounts, Disclosure and Reporting) Rules and Guidance, 2021
Banking Supervision (Annual Compliance Return) Rules and Guidance, 2021
Banking Supervision (Large Exposure) Rules and Guidance, 2021
Authorised Collective Investment Schemes (Class B) Rules and Guidance, 2021
Collective Investment Schemes (Qualifying Professional Investor Funds)(Class Q) Rules and Guidance, 2021
Insurance Business (Solvency) Rules and Guidance, 2021
Prospectus Rules and Guidance, 2021
Registered Collective Investment Scheme Rules and Guidance, 2021
Insurance Business Rules and Guidance, 2021
Banking Supervision (Deposit Advertisements and Communications to the Commission) Rules, 2021
Authorised Collective Investment Schemes (Class A) Rules 2008 1.7MB -
Collective Investment Schemes (Class A) Rules 2002 900.5KB -
Collective Investment Schemes (Compensation of Investors) Rules 1988 58.7KB -
Consolidated Natural Capital Fund Rules and Guidance, 2022 377.7KB -
Cyber Security Rules and Guidance, 2021 1.1MB -
Fiduciary Rules and Guidance, 2021 (consolidated text) 660.8KB -
Guernsey Green Fund Rules and Guidance, 2021 (consolidated text) 481.1KB -
Investment Exchange (Notification) Rules 1998 34.1KB -
Lending, Credit and Finance Rules and Guidance, 2023 817.8KB -
Licensees (Capital Adequacy) Rules and Guidance, 2021 (consolidated text) 402.2KB -
Licensees (Conduct of Business) Rules and Guidance, 2021 (consolidated text) 665.6KB -
Pension Scheme and Gratuity Scheme Rules and Guidance, 2021 501.6KB -
Private Investment Fund Rules and Guidance (2), 2021 342.1KB -
The Insurance Intermediaries Rules and Guidance, 2021 610.7KB -
The Insurance Managers Rules and Guidance, 2021 398.4KB -

Codes

AGB Code of Conduct for Deposit Advertisements August 2012 820.7KB -
Code of Conduct for Authorised Insurance Representatives 338.5KB -
Code of Conduct for Financial Advisers 206.5KB -
Code of Market Conduct 255.5KB -
Code of Practice for Banks 151.1KB -
Code of Practice for Branch Operations 93.6KB -
Code of Practice for Insurance Intermediary Applicants and Licensees Conducting Business from within the Bailiwick of Guernsey 13.6KB -
Finance Sector Code of Corporate Governance 334.5KB -
Principles for the Management of Credit Risk 81.6KB -
Principles of Conduct of Finance Business 72.5KB -

Guidance

Financial Crime Risk Return (Form 151) Guidance
2022 July - Red Alert - Financial Sanctions Evasion Typologies: Russian Elites and Enablers
Prescribed Business Return (Form 154) Guidance
Financial Crime Risk Return (Form 151) Template
Prescribed Business Return (Form 154) Template
Acting as a director – Do I need a personal fiduciary licence?
Applications and Notifications in respect of Manager-Led Product 157KB -
Approved Auditors List - August 2021 127.6KB -
Approved Qualifications - Lending Credit & Finance Rules, 2023 34.8KB -
Article 36 of AIFMD - Depositary Requirements Guidance Notes 328.9KB -
Change of Designated Person Guidance 118.5KB -
Custodians of Open-Ended Collective Investment Schemes with Indirectly Held Assets - Guidance Note 375.6KB -
Cyber Security Self-Assessment Helpsheet – November 2019 275.2KB -
Egmont Financial Analysis Cases 2011-2013 6MB -
Explanatory notes for completion of Form 141a and b 125.3KB -
FAQ on Annual Fees 149.8KB -
Feedback on AML/CFT on-site visits 137.7KB -
Financial Crime Risk Intermediary AR Spreadsheet 0.9MB -
Financial Crime Risk Intermediary Return – Guidance 514.2KB -
Fit and Proper Persons - Meeting the Criteria 159KB -
Form 143 - Explanatory Note re Investor Location 486.6KB -
GIIA Insurance SPV Guidance 157.9KB -
Guidance for Authorised and Registered Collective Investment Schemes on Measures to Counter the Risk of Greenwashing 187.3KB -
Guidance in Respect of Fast Track Application Process 172.9KB -
Guidance in respect of requesting disclosure derogation under FRS 103 186.6KB -
Guidance Note for International Life and Pensions Insurers 104.8KB -
Guidance Note for Licensed Insurers on Catergory 6 - Non-Special Purpose Insurers 128.6KB -
Guidance Note for Licensed Insurers on Change of Majority Shareholder Controller 361.4KB -
Guidance Note for Licensed Insurers on Outsourcing 130.6KB -
Guidance Note for Licensed Insurers on Reinsurance and Other Forms of Risk Transfer 110.9KB -
Guidance Note for Licensed Insurers on Resilience Testing 95.2KB -
Guidance Note for Licensed Insurers on the Completion and Submission of Annual Returns 181.7KB -
Guidance Note for Licensed Insurers on Unit Linked Pricing 22.1KB -
Guidance Note June 2014 521.9KB -
Guidance Note on Actuarial Requirements and Standards 93KB -
Guidance Note on Actuarial Valuations 214.2KB -
Guidance Note on Bank Auditors’ Reports on Guernsey Financial Services Commission Returns Used for Prudential Purposes 179.7KB -
Guidance Note on Insurance Fraud 152.8KB -
Guidance Note on Internal Models 134.5KB -
Guidance Note on Licensed Insurers' Own Solvency Assessment 159.4KB -
Guidance Note on Notifications to the Commission 115.2KB -
Guidance Note on Producer Owned (Re)Insurance Companies 11KB -
Guidance Note on Special Purpose Insurers 144.8KB -
Guidance Note on Supervisory Ladder of Intervention 304.9KB -
Guidance Note on the Independence of Managers and Trustees of Class A Collective Investment Schemes 85.9KB -
Guidance Note on the Outsourcing of Functions by Entities Licensed Under The Protection of Investors (Bailiwick of Guernsey) Law, 2020 209.9KB -
Guidance Note on Training and Competency Schemes 147KB -
Guidance Notes For Completion Of Investment Audited Financial Statements and Compliance Returns (Licensee) - FORM 142 158.9KB -
Guidance on Disclosure under the AIR Code 84.8KB -
Guidance on Liquidity Risk Management 274KB -
Guidance on Registered Collective Investment Schemes 166.2KB -
Hedge Fund Flexible Approach to Authorisation Policy 99KB -
Large Exposure Policy 916.4KB -
Legal Risk Guidance Note for Banks 94.6KB -
Managed trust company relationships 86.4KB -
Note on Company Formation 132KB -
Notice of Disapplication of Licensing Requirement (Exemptions) 373.4KB -
Notice of Modification of the Licensees (Capital Adequacy) Rules, 2021 90.3KB -
Notice regarding the suspension of the authorisation and registration of funds 104.5KB -
NRFSB Decision Tree 329.5KB -
Outsourcing Risk Guidance Note for Banks 212.6KB -
Pillar 2 Add-on Guidance 470.6KB -
Pillar 2 Working Sheet 25.2KB -
Policy Statement on Insurance Group Supervision 102.4KB -
Pricing controls in respect of Open Ended Collective Investment Schemes 199.8KB -
Principles of Conduct of Derivatives Business 65.2KB -
Private Investment Fund (PIF) Guidance 174.2KB -
Private Trust Company Guidance 191.8KB -
Provision of Registered Office Services by Unregulated Persons 120.6KB -
Qualifying Investor Funds (QIF) Guidance Note 149.5KB -
Recognised Investment Exchanges and the Commission’s Position in Respect of the United Kingdom 110.9KB -
Risk-based Supervision in Guernsey 376KB -
Simplified Guidance on the AML-CFT Framework 193.4KB -
Standard on the Regulation of Trust and Corporate Service Providers 516KB -
Statement of Policy on Interviews (June 2022) 794.2KB -

Thematic Reviews

Alternative Custody Arrangements of Open Ended Collective Investment Schemes 416.7KB -
AML/CFT and Financial Crime Training 1MB -
Beneficial Ownership of Guernsey and Alderney Legal Persons 875.7KB -
Business Continuity Planning and Disaster Recovery Management in the Banking Sector 213.7KB -
Client Money - Fiduciary 204.3KB -
Data Security - A Thematic Report on Practices within the Fiduciary Sector 565.9KB -
Fiduciary Decision Making in Respect of Assets Under Trust 319.7KB -
Financial Crime Governance, Risk and Compliance - Trust and Corporate Service Providers 1.5MB -
Financial Crime Governance, Risk and Compliance – Fund Managers & Fund Administrators 829KB -
General Insurance - Are Customers Treated Fairly? 1.3MB -
Insurance Managers' Client Take-on Procedures 277.6KB -
Insurer Annual Returns 796.5KB -
Insurer Cash Management and Control of Funds 870.8KB -
Investment and Long-term Insurance Sales Practice 2014 51.3KB -
Investment and Long-term Insurance Sales Practice 2017 1.1MB -
Managing Outsourcing Risk - Practices within the Banking Sector 10.5MB -
ML and TF Business Risk Assessments 535.3KB -
Outsourcing in the Banking Sector 155.4KB -
Pension Arrangements in the Bailiwick 287.9KB -
Reinsurance and Other Forms of Risk Transfer 435.9KB -
Reporting Suspicion 595.4KB -
Sales of General Insurance Add-on Products 198.6KB -
Sanctions 616.9KB -
Source of Funds/Source of Wealth in the Private Wealth Management sector 1.4MB -
The Guernsey Green Fund Regime 763KB -
The Pension Transfer Landscape 1.4MB -

FATF Guidance

2012 July - Specific Risk Factors in the Laundering of Proceeds of Corruption 1.3MB -
2013 June - ML and TF vulnerabilities legal professionals 1.3MB -
2013 June - Risk Based Approach to Prepaid Cards Mobile Payments and Internet-Based Payment Services 1.1MB -
2014 June - Risk of terrorist abuse in non-profit organisations 1.9MB -
2014 October - Risk Based Approach Banking Sector 1.4MB -
2015 June - Risk Based Approach to Virtual Currencies 607.1KB -
2016 February - Risk Based Approach for Money Value Transfer Services 3.3MB -
2018 July - FATF Egmont Concealment beneficial ownership 2.7MB -
2018 October - Risk Based Approach Life Insurance 3.1MB -
2018 October - Risk Based Approach Securities Sector 3.1MB -
2019 July - Terrorist Financing Risk Assessment Guidance 3.9MB -
2019 June - Risk Based Approach Accounting Profession 1MB -
2019 June - Risk Based Approach Legal Professionals 2.1MB -
2019 June - Risk Based Approach to Virtual Assets and Virtual Asset Service Providers 2MB -
2019 June - Risk Based Approach Trust and Company Service Providers 1.8MB -
2019 October - Best Practices Beneficial Ownership Legal Persons 2.9MB -
2020 March - Guidance on Digital ID 3.4MB -
2020 May - COVID-19-related Money Laundering and Terrorist Financing 1.7MB -

Archived Legislation & Guidance