Mr Bryon Rees

Bryon Rees

Updates

Banking & Financial Services

Guernsey works for hedge funds
Guernsey | 13 October 2020

This article answers FAQs relating to Guernsey hedge funds. Topics covered include funds regulation, available structures, nexus requirements, the Guernsey Green Fund and registration and authorisation timeframes.

Corporate & Commercial

Migration of foreign limited partnerships into Guernsey
Guernsey | 24 August 2020

The States of Guernsey has adopted regulations permitting foreign limited partnerships to migrate or continue into Guernsey using the statutory migration process set out in the Limited Partnerships (Guernsey) (Migration) Regulations 2020. In conjunction with the fast-track process for the licensing of managers, Guernsey now provides an expedient and streamlined process for migrating fund structures into the jurisdiction.

Electronic signing of documents in light of COVID-19
Guernsey | 04 May 2020

With self-isolation and social distancing now the rule rather than the recommendation, working from home has become the norm. Although these actions have proven necessary, they also present certain logistical and administrative obstacles to companies continuing their business efficiently and effectively. Key questions in this regard are whether the directors of a Guernsey company can execute documents electronically and whether they can rely on documents executed in such a manner.

Companies Law: migrations into and out of Guernsey
Guernsey | 12 December 2016

The Companies Law contains provisions relevant to the migration of companies into and out of Guernsey. For example, whether migrating into or out of Guernsey, the law requires a formal application to migrate to be made to the registrar of companies. However, where a company intends to be or is already a 'supervised company' – that is, a company which requires regulation by the Guernsey Financial Services Commission – written consent from the commission must be obtained.

Company Law amendments
Guernsey | 07 September 2015

New amendments to the Companies (Guernsey) Law 2008 entered into force on September 3 2015 following approval by the States of Guernsey. Transitional regulations will assist this change process. Key amendments include simplifying the distribution process and providing greater certainty in relation to its operation, and allowing certain companies to waive the requirement to prepare directors' reports if members pass a waiver resolution.

Private Client & Offshore Services

Guernsey works for hedge funds
Guernsey | 08 October 2020

This article answers FAQs relating to Guernsey hedge funds. Topics covered include funds regulation, available structures, nexus requirements, the Guernsey Green Fund and registration and authorisation timeframes.

Funds regime – why Guernsey?
Guernsey | 01 October 2020

Guernsey is a premier jurisdiction for investment funds and private equity business and its reputation, location, tax-neutral status and innovative approach continue to attract leading investment managers. Under the Protection of Investors (Bailiwick of Guernsey) Law, managers, advisers and administrators must be licensed in order to conduct certain investment business activities in or from within the Bailiwick of Guernsey in relation to most collective investment schemes and other investments.

Migration of foreign limited partnerships into Guernsey
Guernsey | 20 August 2020

The States of Guernsey has adopted regulations permitting foreign limited partnerships to migrate or continue into Guernsey using the statutory migration process set out in the Limited Partnerships (Guernsey) (Migration) Regulations 2020. In conjunction with the fast-track process for the licensing of managers, Guernsey now provides an expedient and streamlined process for migrating fund structures into the jurisdiction.

Potential causes of action in relation to funds in financial difficulty
Guernsey | 02 July 2020

In these uncertain times, investors in investment funds are increasingly looking at options regarding their investment, including ways in which to redeem or recover it. However, if the fund in question is in financial difficulty, it may be harder for those investors to take action against the directors of the fund or recover their monies in full. This article looks at some of the ways in which investors in Guernsey funds which are in financial difficulty can assess the extent of that difficulty or recover their investment.

Electronic signing of documents in light of COVID-19
Guernsey | 30 April 2020

With self-isolation and social distancing now the rule rather than the recommendation, working from home has become the norm. Although these actions have proven necessary, they also present certain logistical and administrative obstacles to companies continuing their business efficiently and effectively. Key questions in this regard are whether the directors of a Guernsey company can execute documents electronically and whether they can rely on documents executed in such a manner.

Companies Law: migrations into and out of Guernsey
Guernsey | 08 December 2016

The Companies Law contains provisions relevant to the migration of companies into and out of Guernsey. For example, whether migrating into or out of Guernsey, the law requires a formal application to migrate to be made to the registrar of companies. However, where a company intends to be or is already a 'supervised company' – that is, a company which requires regulation by the Guernsey Financial Services Commission – written consent from the commission must be obtained.

ESMA advises "no significant obstacles" to application of AIFMD marketing passport to Channel Islands
Jersey | 25 August 2016

After much anticipation, the European Securities and Markets Authority (ESMA) has published further advice in relation to the application of the EU Alternative Investment Fund Managers Directive (AIFMD) passport. ESMA concluded that there are no significant obstacles impeding the application of the AIFMD passport to Jersey, which is one of only five jurisdictions to achieve an unqualified assessment.

Company Law amendments
Guernsey | 03 September 2015

New amendments to the Companies (Guernsey) Law 2008 will enter into force on September 3 2015 following approval by the States of Guernsey. Transitional regulations will assist this change process. Key amendments include simplifying the distribution process and providing greater certainty in relation to its operation, and allowing certain companies to waive the requirement to prepare directors' reports if members pass a waiver resolution.