Offshore
A Tale Of Two Structures From Jersey And Guernsey
The launch in recent months of two investment structures – one aimed at international firms’ staff and the other at “green” investors, highlights how offshore centres aim to stay on the front foot.
The Channel Islands of Guernsey and Jersey have rolled out two
investment structures in recent months as the jurisdictions
continue to compete while keeping a wary eye on Brexit.
Jersey has unveiled its Jersey International Savings Product,
aimed at firms that want to create savings plans for employees.
These ISPs are targeted specifically at multinational firms with
staff often working away from home.
In Guernsey’s case, last year it launched what it said was the
world’s first Green Fund product of its type, hoping to tap into
an international trend of environmentally-themed investments.
At a time when international financial centres are having to differentiate their “brands” – mindful of cross-border investment uncertainties kicked up by Brexit and other forces - the islands are trying out new ideas to stand apart.
Other innovations of recent years have included Guernsey’s image
rights registry of 2012 and Jersey’s foundations law of
2009.
Jersey’s ISPs enable multinational and international companies to
set up savings plans in Jersey for non-resident employees. It is
anticipated that the product will have a particular appeal in the
Gulf region, practitioners say.
“We are already seeing interest in the new ISP model, because we
have a large practice based around international employee savings
and benefit trusts. We expect this to develop into a significant
workstream complementing the existing flows of work with Middle
Eastern clients in particular,” Katharine Neal, a trust
specialist at offshore law firm Ogier, said in a note. (It
should be noted that Jersey Finance opened
an office in Dubai last year, an example of how such promotional
organisations are marketing their IFCs around the
world.)
The Jersey ISPs are different from pensions because they can
provide benefits before the age of 50, and can be set up to
trigger payments in cases of redundancy, ill-health or divorce,
Neal said.
The new law was approved and enacted for the start of 2019, but
Neal pointed out that specific guidance notes have not been
issued yet. Neal points out that Jersey trusts set up as ISPs
will have to meet the criteria of being irrevocable trusts, with
at least one trustee based in Jersey, with the purpose of the
provision of benefits to employees.
Green Guernsey
A few days ago ADM Capital’s food-focused Cibus Fund closed at
more than $320 million after it was designated as the first
Guernsey Green Fund. Subscriptions for the fund, launched in
2017, stood at $208 million at the end of September 2018. By the
time it closed a month later, after registering as a Guernsey
Green Fund in mid-October, it stood at $322 million, ADM Capital
said.
Last summer Guernsey launched the Green Fund product, and rules
stipulate that three-quarters of a fund’s assets by value must
meet specified green criteria. Permitted investment areas include
renewable energy, efficient energy generation, energy efficiency,
agriculture, waste and waste water and transport.
“Our vision is that the confidence in the robustness and
legitimacy of the Guernsey Green Fund helps make the sustainable
capital raising process that little bit easier. In a way it is
our contribution to climate change mitigation,” Dr Andy Sloan,
chair of Guernsey Green Finance and deputy chief executive,
strategy, for Guernsey Finance,
said.