Licence Exemption for Promotion of Certain Overseas Collective Investment Schemes
The Protection of Investors (Bailiwick of Guernsey) Law, 2020 ("the POI Law").
Under Section 44(1) of the POI Law, The Investor Protection (Designated Countries And Territories) Regulations 1989 and The Investor Protection (Designated Countries And Territories) (Republic Of Ireland) Regulations 1992 ("the Regulations"), Designated Jurisdiction status has been granted to:
- The UK;
- The Isle of Man;
- The Republic of Ireland.
An applicant conducting business in relation to collective investment schemes with a main place of business in any of the above does not require a licence under the POI Law to promote certain collective investment schemes in the Bailiwick. However, they must give prior notice to Authorisations.
The amendment has enabled the scope of the Form EX application process to be extended to countries designated in Schedule 3 (appended to the amendment). For the avoidance of doubt, the amendment relates only to an Alternative Investment Fund within the meaning of the EU Alternative Investment Fund Managers Directive.
Specific criteria and principles
The following information is in addition to the guidance found at New Applicants.
The Regulations apply to the restricted activity of promotion only.
Please be guided by the regulations.
Application form and supporting documentation: Scan the fully completed application form signed and dated by the relevant officers of the applicant and supporting documentation, as itemised in the application form, together with an explanatory covering letter scheduling the contents and send electronically to [email protected].
The application fee is non-refundable. No fee is required for funds domiciled in Jersey.
A copy of the latest prospectus and other promotional material.
A copy of the latest annual report of the scheme.
Documentary evidence from the regulatory authority in the designated country or territory that the scheme is of a class or description specified in Schedule 2 to the regulations.
We will assess and review the application pack and inform the applicant, or their professional advisers, of any matters requiring expansion or clarification. Once all queries have been satisfied, the application will be referred to a decision-maker. A formal response will follow decision-making.
We will aim to respond within 28 business days from receipt of the application, but this is an indicative timeframe and we are not bound by it.
Successful applicants will be issued with permission by form of letter.
Upon permission being issued, the annual fee becomes due; reduced pro rata in the first year. An invoice will be sent with the permission letter.