Fiduciary

The Guernsey Financial Services Commission today launches a new limited POI licence, making it easier for fiduciary firms to administer Family Private Investment Funds. This initiative reflects the Commission’s ongoing commitment to reduce regulatory barriers, enable innovation and ensure Guernsey remains a leading jurisdiction for private wealth services. This follows the Commission’s...

The Commission has today issued two thematic reports on Conflicts of Interest in both the Investment and Fiduciary sectors. The Commission found that, in general, firms appropriately identify, manage and record conflicts of interest that arise during the course of doing business, using a combination of policies, procedures and periodic training. The Commission was encouraged to see examples of...

The Commission has amended the public Guidance on Private Trust Companies (PTCs) to reflect the revised position that PTCs fall within the scope of The Regulation of Fiduciaries, Administration Business and Company Directors, etc (Bailiwick of Guernsey) Law, 2020 (the Law) and should either apply for a licence under section 6 of the Law or permission granted under section 3(1)(ac) of the Law. This...

The Commission has made Regulations amending the scope of the types of company permitted to use a PCC structure, under the Companies (Guernsey) Law, 2008 (“the Companies Law”), to include licensed Pension Service Providers. This amendment, which will broaden the range of structures available to Pension Service Providers, follows completion of a public consultation process. Further information can...

The Financial Services Business (Enforcement Powers) (Bailiwick of Guernsey) Law, 2020 (the “Enforcement Powers Law”) The Regulation of Fiduciaries, Administration Businesses and Company Directors, etc (Bailiwick of Guernsey) Law, 2020 (the “Fiduciaries Law”) [1] The Beneficial Ownership of Legal Persons (Guernsey) Law, 2017 (the “Beneficial Ownership Law”) Schedule 3 to Criminal Justice (Proceeds...

The Guernsey Financial Services Commission has today issued a Consultation Paper seeking views from interested parties on a proposal to permit Pension Service Providers (PSPs) to be formed as Protected Cell Companies (PCCs). Under the current legal framework, a company cannot be a PCC unless it falls under certain prescribed regulated categories, which do not include PSPs. The Consultation Paper...

The Financial Services Business (Enforcement Powers) (Bailiwick of Guernsey) Law, 2020 (the “Enforcement Powers Law”) The Regulation of Fiduciaries, Administration Businesses and Company Directors, etc (Bailiwick of Guernsey) Law, 2020 (the “Fiduciaries Law”) [i] The Criminal Justice (Proceeds of Crime) (Financial Services Businesses) (Bailiwick of Guernsey) Regulations, 2007 (the “Regulations”)...

The Financial Services Business (Enforcement Powers) (Bailiwick of Guernsey) Law, 2020 (the “Enforcement Powers Law”) The Regulation of Fiduciaries, Administration Businesses and Company Directors, etc (Bailiwick of Guernsey) Law, 2020 (the “Fiduciaries Law”) [1] The Criminal Justice (Proceeds of Crime) (Financial Services Businesses) (Bailiwick of Guernsey)) Regulations, 2007 (the “Regulations”)...