The UK's three IOFCs, Jersey, Guernsey and
the Isle of Man have each developed some specialisations;
Guernsey stands out as a captive insurance
centre, but also has substantial banking and
trust management sectors. Like the other two
'British' IOFCs, Guernsey has extremely strong
professional services and pays great attention
to regulatory standards. As a rather broad
generalisation, the business environment in
Guernsey has shown a marked tendency to become
more international, partly because of the
usefulness of the island to multinationals
setting up in the EU, and partly because of
increasingly tough anti-avoidance rules that
have made it difficult for UK citizens to
make productive use of trusts.
This section of the
site describes the most important
types of offshore business activity carried
out from the island.
Guernsey Trade Marketing and Distribution
Even more than Jersey, its competitor and
companion, Guernsey is prevented by its small
size and limited resources from acting as
a base for physical warehousing, processing
or distribution into the vast EU market that
lies so temptingly close by. Financial services
have understandably tended to dominate the
island's business development in the last
30 years. Given the level of sophistication
of Guernsey's business infrastructure, this
could be seen as wasteful, and it may be that
the Internet is about to make it possible
for the island to develop a new life as a
commercial entrepot.
Along with other offshore jurisdictions,
Guernsey is a suitable place in which to base
e-commerce services for retail or wholesale
distribution of material or non-material goods:
see Offshore-e-com.com for extended
descriptions of how such businesses can take
advantage of the combination of offshore and
e-commerce.
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Guernsey Investment Fund
Management
Open ended funds may be established as Class
A, B or Q funds and are constituted as companies,
protected cell companies or unit trusts.
Closed ended investment funds are constituted
as companies, unit trusts, limited partnerships
or protected cell companies.
Open ended schemes are authorised and entities
involved in controlled investment business
are licensed under the Protection of Investors
(Bailiwick of Guernsey) Law, 1987, as amended.
The Commission has made a number of rules
under the Law which set out the detailed
requirements to be followed by all authorised
schemes and licensees. These include:
- The Collective Investment
Schemes Rules 2002 (which cover Class
A schemes); The Collective Investment
Schemes (Class B) Rules 1990 (which cover
Class B schemes);
- The Collective Investment
Schemes Qualifying Professional Investors
(Class Q) Rules 1998 (which cover schemes
designed for qualifying professional investors);
- The Collective Investment
Schemes (Designated Persons) Rules 1988;
- The Licensees (Conduct of
Business and Notification)(Non-Guernsey
Schemes) Rules 1994.
- The Authorised
Collective Investment Schemes (Class A)
Rules 2008
- The Authorised
Closed-Ended Investment Schemes Rules
2008
- The Registered
Collective Investment Scheme Rules 2008
- The Prospectus
Rules 2008
Class A schemes are those which meet the
Commission's Collective Investment Schemes
Rules 2002 and are therefore eligible for
recognition by the UK Financial Services Authority
for sale to the public in the United Kingdom
under section 270 of the Financial Services
and Markets Act 2000.
The rules for Class B schemes incorporate
a measure of flexibility. This policy recognises
that Class B schemes range from the retail
fund aimed at the "general public" via institutional
funds to the strictly private fund established
solely as a vehicle for investment by a single
institution. Their investment objectives and
risk profiles are similarly wide-ranging.
The Class Q Rules seek to provide a clear
and concise set of requirements for the operation
of professional investor funds and have been
designed to encourage innovation.
A Qualifying Investor Fund (QIF) regime was
Introduced following consultation with the
financial services industry in the latter
half of 2004, and was welcomed by the island's
fund industry. Under a streamlined application
process, the Commission undertakes to grant
fund approval within 3 working days provided
that an appropriately licensed Guernsey applicant
has certified that: the fund will be restricted
to professional, experienced and knowledgeable
investors; the applicant has conducted due
diligence on the promoter and associated parties
and has found them to be fit and proper; and
the applicant is satisfied as to the fund's
economic rationale and the disclosure of any
risks associated with the investment vehicle.
New criteria for Qualifying Investor Funds
released by the Guernsey Financial Services
Commission in 2006 met with support from the
island’s finance industry.
Chief executive of GuernseyFinance, Peter
Niven, suggested that the move "will serve
to bring more business to the island", whilst
Chairman of the Guernsey Investment Fund Association,
Mike de Haaff, announced that:
"GIFA welcomes the change in criteria as
it brings Guernsey in line with other offshore
jurisdictions. The change in definition of
a professional investor will encourage more
take up of QIFs and can only be seen a positive
move for the island’s fund industry."
Under the new rules, the definition of Professional
Investor has been widened to include an individual
investor who invests a minimum of USD100,000
in such a fund.
The revised guidance note issued by the FSC
also re-emphasised the due diligence obligations
which Guernsey Licensees undertake when submitting
applications for Guernsey Qualifying Investor
Funds.
Guernsey
Finance has announced that funds managed in
the bailiwick of Guernsey fell by 0.5% in
the final quarter of last year to GBP200.4bn;
overall funds under management increased 12.5%
(GBP22.2bn) during 2008.
Peter
Niven, Chief Executive of Guernsey Finance
said: “Global market conditions meant
it was inevitable that we would see an overall
reduction in the value of our business during
the fourth quarter. We were fortunate that
it was only a decrease of 0.5% and this demonstrates
the resilience of our funds sector but clearly
there will be further falls until market confidence
returns, which is unlikely to be before the
end of 2009.”
Mr
Niven added: “We may have seen an overall
decrease in asset values but in fact looking
more closely you can see that there is continued
growth in the closed-ended sector. This is
where the principal strength of our business
is now and the area that we are most heavily
marketing and promoting Guernsey as a funds
jurisdiction.”
End of year
figures for 2009 show that the value of investment
funds in Guernsey increased by GBP2.7bn (1.5%)
during the final three months of the year.
The second
successive quarter of growth takes the total
value of funds business in the island to GBP184.2bn
as of the end of December 2009. Despite late
growth, over the full calendar year, total
funds business declined by GBP16.2bn (8.1%)
from end-2008.
“We
can continue to be cautiously optimistic about
our funds sector,” said Peter Niven
of Guernsey Finance. “Although we have
seen overall business decline by some 8% during
the last calendar year, it must be remembered
that this comes in the wake of a severe global
financial crisis.”
“Our
performance has outstripped some of our closest
competitors and the fact that we have had
two consecutive quarters of growth to the
end of the year points again to a slow climb
out of the general trough of 2008/9.”
“Our
funds industry is proving robust throughout
changing economic conditions and this final
quarter of growth represents a positive move
forward. It is another step down a long road
to recovery but with increasing confidence
in the markets, we hope that this will continue
through 2010.”
Guernsey
domiciled closed-ended funds reached a net
asset value of GBP85.4bn at the end of December,
which was a rise of GBP4.3bn (5.3%) during
the quarter but a decline of GBP6.1bn (6.7%)
year on year.
The Guernsey
open-ended sector was valued at GBP50.7bn
by the end of the year – down GBP800mn
(1.4%) during the final three months of 2009
and falling GBP12.9bn (20.3%) compared to
twelve months previously.
Non-Guernsey
schemes, where some aspect of management,
administration or custody is carried out in
the island, decreased by GBP800mn (1.6%) during
quarter three to GBP48.1bn although this is
GBP2.8bn (6.2%) higher than the value at the
end of December 2008.
The figures
issued also show that the gross asset value
of all Guernsey funds reached GBP220.7bn at
the end of December. This is a rise of GBP3.5bn
(1.5%) from the end of September, which was
the second quarter for reporting those gross
figures.
The growing use of Guernsey structures as
vehicles for hedge funds has highlighted a
number of areas where the investment fund
framework can create problems, leading the
GFSC to issue a consultation document: ‘The
regulatory framework for Hedge Funds in Guernsey’
in November 2003. This culminated in a report
issued in the latter half of 2004 which advocated
more flexibility in certain aspects of the
legal regime governing funds, including: dispensing
with the need for a Guernsey-domiciled and
licensed custodian to fill the role of a suitably
qualified prime broker; waiving complex segregation
requirements for prime brokers holding fund
assets; waivers for funds which can demonstrate
a need to use estimates of net asset value
in advance of final NAV determination; and
where estimation is permitted, a possible
waiver of client money rules requiring segregation
of subscription and redemption monies.
The GFSC has also recently issued guidance
on the disclosure regime for closed-end investment
funds. That guidance re-emphasised the flexible
nature of the Commission’s approach. Guernsey
domiciled closed-end funds are subject to
Guernsey company law and the Control of Borrowing
regime, and it is clear, from the closed-end
hedge funds already established under those
arrangements, that few structural problems
arise. In the open-ended sector, the position
is more complex. Open-ended funds are subject
to the Protection of Investors (Bailiwick
of Guernsey) Law 1987, as amended, (“POI”)
and to rules and regulations made under that
law. POI provides, inter alia, that all Guernsey
open-ended funds must be authorised by the
Commission - there is no provision for “unauthorised”
funds – and that each fund must have a designated
manager and a designated trustee or custodian.
Plans were announced in mid-2006 to dramatically
change the legislation and regulation relating
to investment and fund business in Guernsey.
The proposed changes include:
- The introduction of a new
Prospectus Law covering the disclosure
requirements for Guernsey investment funds
and other local entities that are raising
capital through the offering of securities;
- The placing of greater emphasis
on the regulation of licensed service
providers rather than individual investment
funds;
- A new Funds Law to cover
both open- and closed-ended investment
funds; and
- Categorisation of funds into
“regulated” and “registered” and streamlining
the regulatory process by removing registered
funds from that process
Peter Niven, the chief executive of GuernseyFinance,
observed at the time
that:
“Guernsey’s fund business is at an all time
high, with year-on-year growth in funds under
management and administration of 47.4% to
the end of March 2006. The timing of these
recommendations could not be better to capitalise
on this result and pave the way for further
success.”
He continued: “Guernsey’s growth in investment
business had been partly down to an increasing
appetite for alternatives, in particular fund
of hedge funds, property funds and private
equity funds. Guernsey had also attracted
a number of alternative fund managers to relocate
to the island in recent years. In addition,
traditional sources of new business are continuing
to come through very positively."
In
2008 the island made several legislative amendments
related to funds business and introduced a
new set of fund rules. The main result is
that now both Guernsey open and closed-ended
funds can be established as authorised or
registered funds. Authorised funds are regulated
by the Guernsey Financial Services Commission
and subject to closer supervision than registered
schemes, which are not authorised by the GFSC.
Guernsey’s
position as a jurisdiction of choice for new
and innovative funds was strengthened in November
2009 with the launch of a new scheme that
invests in the collectables market, according
to Guernsey Finance, the jurisdiction's investment
promotion body.
Launched
by investment advisory boutique Emotional
Assets Management & Research LLP (EAMR),
the Guernsey-domiciled ‘Emotional Assets
Fund 1 Limited’, invests in a diversified
set of ‘Emotional Assets’ across
some 15 sectors of the collectables market,
from fine art and rare stamps to vintage jewellery
and rare manuscripts.
It is
the first time that exposure to a broad and
diversified range of 'emotional assets' has
been achievable via a single fund vehicle.
Kleinwort
Benson has been appointed as the administrator
and financial custodian of the Guernsey Closed-Ended
Authorised Fund, with Bedell Cristin as the
Guernsey legal advisor.
The Emotional
Assets Fund 1 seeks to provide qualified investors
with long-term capital appreciation. Its objective
is to deliver a stable target growth rate
of 15% per annum, with predictable volatility
– at the same time preserving capital.
Bernard
Duffy, Managing Director of EAMR, commented
at the time that: “We chose to domicile
the fund in Guernsey as it is such a user-friendly
jurisdiction; it has robust legal system,
a favourable tax neutral regime and excellent
on-island administrators. Kleinwort Benson
has a good reputation within the alternatives
market, with specific experience in alternative
asset classes, and has a hands-on approach
to bringing on clients which helps the whole
process."
He added:
“At a time when conventional investment
wisdom is being challenged and investors are
questioning the investment merits of a range
of assets, Emotional Assets are emerging as
a viable and mainstream asset class.”
In the
following month, Guernsey Finance announced
the launch by HSBC Securities Services in
Guernsey (HSSG) of a major, high profile fund
worth USD1.5bn on the island.
HSSG has
been chosen to provide administration services
for the award-winning Tufton Oceanic Hedge
Fund, managed by Oceanic Investment Management
Limited.
Oceanic
Investment Management is a subsidiary of Tufton
Oceanic, a shipping investment house which
focuses investment in shipping and oil services
industries.
Paul Keltie,
Head of Fund Administration for HSSG, said
at the time that:
“This
is great news, not only for HSSG, but for
Guernsey as a whole. This deal brings new
investment to the island, which can only be
of benefit to our economy and community."
"It
clearly demonstrates that we have the capability
and talent in Guernsey to provide leading
and innovative service solutions to support
such truly alternative funds.”
A spokesman
from Tufton Oceanic added: “We transferred
the administration of the Fund to HSSG because
of their ability to provide leading offshore
administration services. We are confident
that the Group will deliver us the best administrative
support, to compliment our continuing growth
strategy.”
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Guernsey Banking
Banks in Guernsey are regulated and licensed
by the Guernsey Financial Services Commission
(GFSC) under the Banking Supervision (Guernsey)
Law 1994 as amended. The Commission is extremely
careful to exclude doubtful operations.
Originally, banks coming to Guernsey set
up fully-staffed local branch offices or subsidiaries,
but in recent years, as in many other IOFCs,
in response to shortage of resources, the
administered unit has become more popular.
Under this scheme, an established Guernsey
bank provides services for an incoming bank,
which therefore does not need to open its
own office or recruit staff. However, the
Financial Services Commission applies the
same standards of supervision to an administered
bank as to an established bank. About one
third of the banks in Guernsey are 'administered'.
The banking sector, in common with other
financial services businesses, is subject
to stiff money laundering controls under the
Criminal Justice (Proceeds of Crime) (Bailiwick
of Guernsey) Regulations, 2002.
Financial services businesses which suspect
that a customer or transaction are associated
with money laundering, terrorism, or the financing
of terrorism, must report this to the Guernsey
Financial Intelligence Service.
There are 42 licensed banking
institutions in Guernsey (2010).
Guernsey’s
banking sector is in a more positive position
than the continuing decline in deposit levels
might suggest, according the head of the promotional
agency for the Island’s finance industry.
Figures
from the Guernsey Financial Services Commission
(GFSC) show that the value of Guernsey bank
deposits fell by 2.3% during the final quarter
of 2009. This took the total value of deposits
to GBP177.4bn at the end of December 2009
– a 25.2% decrease from twelve months
previously.
However,
Peter Niven of Guernsey Finance, believes
that the sector is better placed than the
top-level analysis initially seems to indicate:
“What
we can see is that a year ago the global financial
downturn and an associated flight to quality
were pushing deposit figures to a peak. Since
then, there has been a decline in the deposit
base as a result of returning confidence within
the investor markets coupled with a very low
interest rate environment.”
“Indeed,
it is within this context that we have seen
a consistent fall of Swiss fiduciary deposits
in particular. The performance of this one
product, especially more recently, has been
driving the decline in overall deposits and
in fact, has to some extent been masking wider
improvements in the sector. For example, within
this last quarter of 2009, other deposits
– excluding Swiss fiduciary deposits
– actually increased in value albeit
only slightly.”
“Therefore,
the picture is more positive than it might
first appear and in fact what we have seen
during the last two quarters is increased
stability of deposit levels which now sit
at more sustainable levels.”
Analysis
of the figures from the final quarter of 2009
shows that the main reason for the fall in
deposits was the continued contraction of
Swiss fiduciary deposits, down from GBP44.8bn
at the end of September 2009 to GBP41.8bn
at the end of December 2009.
In addition,
other deposits – excluding Swiss fiduciary
deposits – increased slightly from GBP75.3bn
at the end of September 2009 to GBP75.6bn
at the end of December 2009.
The reported
total deposit figures were impacted to some
extent by the strengthening of sterling against
the major currencies. This exchange rate effect
also led to some differences in the overall
currency mix with sterling deposits increasing
to 23.9%, Swiss Franc deposits up to 3.8%,
US Dollars stable at 46.3% and Euros decreasing
to 23.3%.
Speculation that the EU Savings Tax Directive
would impact on balances held offshore has
so far proved unfounded.
In November
200, Guernsey’s Commerce and Employment
Department welcomed the publication of a strategic
review of the island’s banking sector,
commissioned in March 2009, which provides
proposals to ensure the sector’s sustainability,
as well as drawing on lessons from the economic
crisis.
Investigations
and interviews were undertaken by a team headed
by Lord Hunt of Wirral, Chairman of the Financial
Services Division of Beachcroft LLP.
Lord Hunt
stated that he found much to encourage him
in thinking that Guernsey could expect a major
contribution to its economy from banking in
years to come; a message that he reiterated
when presenting the report:
“The
banking sector has made a significant net
contribution to the economy of Guernsey. The
report shows that the sector directly employs
nearly 2,750 people and contributes 17% of
all tax revenues and an estimated GBP200m
a year to the Guernsey economy,” he
revealed.
The independent
study highlighted that there were definitely
opportunities to be researched and potentially
exploited by the Guernsey banking sector,
but it warned that the Island could not afford
to be complacent.
The report
highlighted threats and risks to be mitigated
as well as opportunities, both of which must
be addressed by the public and private sector
in order to remain competitive.
Carla
McNulty Bauer, Minister for Commerce and Employment,
observed that:
“Hunt’s
report shows that Guernsey has a strong and
diverse banking sector which is crucial to
Guernsey’s whole population."
"Many
of the proposals are already being addressed
and I look forward to continuing to focus
our collective attention on the areas highlighted
in the report so that Guernsey continues to
have a banking sector with an enviable reputation.”
She continued:
“The announcement that Guernsey must
once again review its corporate tax structure
only reinforces the points raised by Hunt.
Opportunities and threats will continue and
Guernsey has to continue to be dynamic and
work hard to maintain competitive advantages
in an international arena. This will be a
collaborative effort by the public and private
sector.”
The report
highlights the fact that Guernsey’s
success as an attractive place for people
to live and do business is inextricably linked
with the banking industry.
Lord Hunt
suggested in this regard that “the disproportionate
contribution from banking makes its success
and closely related activities a key driver
of Guernsey’s prosperity”.
In addition
to providing traditional banking services
to the local domestic and business community,
it was identified that most Guernsey banks
offer core products to all other parts of
the finance sector, and that this also adds
to Guernsey’s infrastructure and general
offering.
Steve
Watts, Chairman of the Association of Guernsey
Banks (AGB), observed that: “The Hunt
Report has again emphasized that banks are
a vital part of the whole Guernsey economy.
AGB notes the recommendations contained therein,
acknowledges that the banking industry is
undergoing change on a global scale and that
it is vital for the island to continue to
maintain its well established reputation for
probity, effective regulation and transparency.”
The deposit-taking
sector was scrutinized, and the report concluded
that although the risk presented by retail
deposits is less than a year ago, risk remained
which needed to be considered and managed.
Philip
Marr, Director of Banking at the Guernsey
Financial services Commission (GFSC), commented:
“Hunt’s Report on the current
shape of the banking industry in Guernsey
and his analysis of the principal business
models operating here and the risks inherent
in those models will be helpful to all stakeholders
involved in the industry. We think it is wholly
appropriate to consider whether those are
reasonable risks for the island to be taking
in the current environment. We have already
been addressing those risks, principally about
upstreaming, for some time and will continue
to do so in the future.”
“Hunt
also addresses the challenges facing the sector
as a result of regulatory changes brought
on by the banking crisis. As always we stand
ready to respond to those challenges which
impact on banking business in Guernsey.”
The Hunt
review is the culmination of significant work
both on and off-Island, including a three
month consultation period with stakeholders
and interviews from Guernsey’s banking
sector; formal information and data gathering
exercises; and comprehensive canvassing of
views of international banking experts.
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Guernsey Trust Management
Trust management, particularly for wealthy
UK individuals, was the island's traditional
business. Successive tightenings of UK anti-avoidance
legislation have reduced the possibilities
for UK citizens, but Guernsey's trust business
has continued to grow based on a more international
clientele. Many Collective Investment Funds
are also of course based on trusts.
As
of February 2008, the Island hosted more than
140 licensed fiduciaries, ranging from large
organisations to independent, boutique operations.
Together, they held between GBP200 and GBP300bn
worth of assets in trust.
The island has a very well-developed legal
and financial infrastructure for trust management;
the highly sophisticated professional services
which support the trust sector include lawyers,
accountants, investment managers and stockbrokers.
The Trusts Law 1989
(updated in 2007) provides a modern
statutory basis for trust management activity.
The Edwards Report acknowledged that Guernsey
ranks highly among IOFCs for the quality of
its regulation. Unlike the banking sector,
however, the Guernsey trusts industry had
not been subject to any formal system of supervision.
Partly as a result of the Edwards Report,
a law was prepared by the States' Advisory
and Finance Committee under the name of The
Regulation of Fiduciaries and Administration
Businesses (Bailiwick of Guernsey) Bill 2000.
The law - known as the Fiduciary Law - came
into effect on April 1, 2001.
Individuals and businesses involved in the
provision of fiduciary services had to submit
a licence application to the Commission by
May 31, 2001. The Commission received a total
of 179 applications for a full fiduciary licence
and 70 applications for a personal fiduciary
licence.
The law contains a 'four eyes' rule, standards
for capital adequacy and compulsory indemnity
insurance. The offer or provision of fiduciary
services without a licence will incur criminal
sanctions. A full licence is required by any
company, wherever registered, providing fiduciary
services in the Bailiwick and by Guernsey-registered
companies providing fiduciary services anywhere
in the world and individuals, acting as directors
or trustees by way of business, need a personal
licence. Prudential rules have also been imposed;
clients' funds need to be segregated from
other trust assets; and new accounting safeguards
have been installed.
The annual fee for a full fiduciary licence
is dependent upon the annual turnover from
regulated fiduciary activities. See Offshore Legal and Taxation
Regime for full details.
The law provides extensive powers to the
GFSC in the granting, refusal, revocation,
and application of conditions to fiduciary
licences. It will also have authority to control
the names of, and advertising by, fiduciary
businesses, rights to obtain information and
documents, and powers to conduct investigations.
The Commission states that the Bailiwick of
Guernsey is one of the first jurisdictions
to establish a statutory system of fiduciary
regulation.
New
trust legislation (the Trusts (Guernsey) Law,
2007), which was approved in July 2007, came
into force on March 17th, 2008. The changes
overall are designed to create a more flexible
framework for the local trust industry, and
to ensure that Guernsey, as a jurisdiction
for the establishment and administration of
fiduciary structures, remains well placed
and competitive. See Law
of Offshore for a fuller description of
the 2007 legislation.
Click on Formation of Trusts or Taxation of Trusts for further
information.
BACK TO TOP
Guernsey Insurance
See Offshore Business Review – Insurance
for a more general treatment of captive insurance
companies.
The Guernsey insurance sector can be broadly
divided into two main areas: domestic insurance
- comprising local insurers, overseas insurers,
recognised insurers and intermediaries who
advise on or arrange contracts of insurance
in or from within Guernsey; and international
insurance - embracing captive insurers, protected
cell companies and life assurance companies
who arrange contracts of insurance from within
Guernsey, covering international risks.
Access to protected cell status was enlarged
in 2001 under The Protected Cell Companies
(Special Purpose Vehicle) Regulations 2001,
under which two further classes of company
were permitted to be incorporated as, or converted
into, a protected cell company. The first
additional class of company is one that is
"established principally for the purpose
of issuing bonds or other debt securities
where the repayment is to be funded from the
proceeds of the company's investments."
The second type of company is one that performs
the "carrying on of finance business"
with the exception of those supervised under
specific laws such as the Protection of Investors
Law, the Insurance Business Law, the Banking
Supervision Law and the Regulation of Fiduciaries.
The law took full effect from 6 February 2001.
Both categories of insurers in Guernsey are
required to be licensed under The Insurance
Business (Bailiwick of Guernsey) Law, 2002.
A survey conducted by Reactions Magazine
in June, 2006, saw Guernsey voted the best
domicile in Europe for PCC (Protected Cell
Company) legislation, highly commended for
its tailored legislation, and commended for
its cost efficiency.
According to GuernseyFinance, the survey
comes at a time when the growth in numbers
of Captive Insurance companies slowed globally
in 2005.
Peter Niven Chief Executive of GuernseyFinance
commented:
“These accolades show the insurance industry
recognizes Guernsey as a leading domicile
for Captive Insurance and particularly for
PCCs. This is set to continue with our pragmatic
approach to legislation and our continuing
drive to ensure that Guernsey is a good place
to do business.”
Captives in Guernsey can choose between various
tax regimes; see Offshore Legal and Tax Regimes:
Taxation of Offshore Entities
and Domestic Corporate Taxation
for details.
In the domestic market, there were 16 domestic
insurers as at April 30, 2010, and 39 registered
intermediaries. In addition, a number of 'Recognised Insurers'
write business in Guernsey without having
a physical presence. A recognised insurer
cannot write business in the Bailiwick without
being licensed in their home jurisdiction.
Registered insurance companies may take advantage
of the Protected Cell (Guernsey) Ordinance
1997, under which multiple cells may exist
within one company; the taxation basis of
protected cell companies will probably be
equivalent to that of exempt companies. Protected
cell company status under the 1997 Ordinance
is generally reserved for authorised collective
investment schemes, insurance companies and
closed-ended investment companies.
Two studies
released in 2010 have reaffirmed Guernsey’s
position as the leading captive insurance
centre in Europe, and among the top four in
the world.
Previously
undertaken research has shown that Guernsey
is home to more captive insurance companies
than anywhere else in Europe and the fourth
largest player in the world. This position
has been endorsed by a new survey from weekly
trade publication Business Insurance, while
research from monthly insurance title Captive
Review ranked Guernsey first in Europe and
third globally.
Commenting,
Peter Niven, Chief Executive of Guernsey Finance,
said: “This is extremely positive news.
We have built a reputation for expertise and
innovation, but it also shows that there is
strong competition so we cannot rest on our
laurels.”
The Business
Insurance rankings are based on the number
of licensed captives at the end of 2009.
Leading
the way is Bermuda (885), followed by the
Cayman Islands (780), Vermont (560), then
Guernsey (355) with the British Virgin Islands
(285) completing the top five in the world.
The second of the European jurisdictions –
and sixth in the world – is Luxembourg
(251), followed by the Isle of Man (145),
Dublin (114), Switzerland (42), Gibraltar
(17), Malta (9) and Jersey (3).
The Business
Insurance research also shows that Aon Insurance
Managers in Guernsey was the third largest
manager by domicile, with 214 captives at
the end of 2008. At the head of the field
were Marsh-Captive Solutions in Bermuda (473)
and then Aon Insurance Managers in Bermuda
(252).
The Captive
Review rankings are based on the full range
of international insurance entities, including
Protected Cell Companies (PCCs), Incorporated
Cell Companies (ICCs) and their related cells.
In addition, it takes into account the captive
premium and assets under management within
the captives. As a result of the different
methodology, Captive Review maintains the
same top five but places Guernsey in third
and Vermont in fourth.
Captive
Review findings says: “Guernsey is the
undisputed king of the cell captive world.
It may not have the most but it introduced
both the protected cell company (PCC) and
incorporated cell company (ICC) concepts to
the world and set the template for other jurisdictions
to copy.”
“It’s
therefore a toss-up for third place in the
global domicile listings between Guernsey
and Vermont. Vermont undoubtedly has the greater
number of single-parent, group and other large
captive structures but… it is exceeded
by Guernsey in sheer captive numbers by the
latter’s volume of cells. Vermont writes
more captive premium but Guernsey’s
captives have a greater asset value.”
The number
of insurance licenses issued in Guernsey in
2009 was almost 25% more than during 2008,
according to figures released by the GFSC.
The figures
show that 46 insurance licenses were issued
during 2009, compared to 37 in 2008.
“It
is very positive that we are attracting increasing
amounts of new insurance business to the Island
and thereby retaining our position as the
leading captive insurance domicile in Europe
and number four in the world,” said
Peter Niven, Chief Executive of Guernsey Finance.
“What
we are seeing is that business introducers
are continuing to recognize Guernsey as a
captive domicile offering real quality in
terms of service providers and professional
advisors, robust yet pragmatic regulation
and high standards of corporate governance.”
The GFSC
statistics show that Guernsey now plays host
to a total of 678 international insurance
entities. This comprises 355 international
insurers – made up of 281 traditional
captives, 63 PCCs, 5 ICCs and 6 ICC cells.
There are also 323 PCC cells, split between
250 conventional PCC cells and 73 PCC cells
writing life insurance.
The Island’s
insurance sector has seen the value of business
increase markedly over the last five years.
In 2003, the industry had gross assets of
GBP13bn (USD21bn), a net worth of GBP5.3bn
and premiums of GBP2.5bn. Now there are gross
assets of GBP21bn, a net worth of GBP7.1bn,
and premium written of GBP3.3bn.
“While
last year did see growth in new business coming
to the Island, unfortunately we also had some
licenses surrendered – in particular
a number of cells reached the end of their
insurance programs. However, the figures do
show that irrespective of the number of licensed
entities, we are seeing consistent and sustained
growth in the value of the Island’s
insurance sector business. It is clear that
Guernsey continues to be recognized as a leading
international insurance center,” Niven
concluded.
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