Trust Essentials: April 2021

The courts of the BVI, Cayman, Guernsey and Jersey have shown exceptional resilience during the pandemic, adapting swiftly to a changed environment to ensure minimal disruption to hearings.

Related briefings

A quick guide to Guernsey’s new Private Investment Fund rules

The Guernsey Financial Services Commission (the Commission) has added two new ways to register a Private Investment Fund (PIF) in Guernsey. A public consultation process showed that there was strong support for a PIF model without the attached Protection of Investors Law, 1987 (POI Law) manager, allowing the industry more flexibility while maintaining protection for investors.

Guernsey PIF requirements checklist

All funds applying for registration with the Commission as a PIF must fulfil certain requirements under the Private Investments Fund Rules and Guidance, 2021.

Latest Briefings

Terms and limitation clauses: will they be effective when you need them?

In the recent case of Balfour Beatty Regional Construction Ltd (BB) v Van Elle Ltd, the question before the Technology and Construction Court (TCC) was whether the sub-contract superseded any prior contractual relationship between the parties, or whether the sub-contract was subject to Van Elle’s standard terms and conditions.

Ireland – The pandemic has changed the world – or has it?

There is no doubt that as a consequence of the pandemic, the way we work and live has changed. Our attitudes, our priorities – they have all shifted slightly. They say the days of people working in the office are over, commentators speak of people moving west to work remotely, of hotels being repurposed, of the retail experience fundamentally changing. So yes, the world has changed, but the hard truth is that the pandemic cannot change the world retrospectively. Meaning, if you agreed to something in 2018 you cannot necessarily get out of the agreement because in 2020, the rug was pulled out from under all of us.

New private investment funds in Guernsey

In December 2020, the Guernsey Financial Services Commission (Commission) published a consultation paper containing proposals to amend the rules in respect of Private Investment Fund (PIF) (the PIF Rules) to allow more investor categories to take advantage of an appropriately regulated fund structure.

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