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Fund finance market: How can lenders protect themselves?

By Alistair Russell, Richard Munden, Ardil Salem Although the fund finance market has historically been, and continues to be, a particularly low-risk one for lenders, recent events have led some to consider a rather rare and unlikely scenario: what if a fund simply releases or waives the commitments of its investors without lender consent? A credit agreement will […]

Guernsey’s code of market conduct

By Ben Morgan, Miranda Dunlop The European Union’s Market Abuse Regulation (MAR) introduced in 2016 continues to present real challenges for businesses seeking to issue certain forms of listed debt securities on any EU regulated market, multi-lateral trading facility or organised trading facility. Guernsey is not part of the European Union and has its own market abuse […]

Implications of Brexit on Guernsey and Jersey

By Christopher Anderson, Robert Milner The Bailiwick of Guernsey (comprised of the islands of Guernsey, Alderney, Sark and Herm) (“Guernsey”) and the Bailiwick of Jersey (“Jersey“) form the Channel Islands, situated in the Bay of St Malo off the northwest coast of France. Although closely connected to the United Kingdom, the Channel Islands are not subject to […]

Guernsey: new guidance for senior personnel in financial institutions

The Guernsey Financial Services Commission (GFSC) has this month released updated guidance on the requirement for those holding senior positions within institutions in the banking, fiduciary, insurance and investment sectors, to be “fit and proper” persons. While the requirement to be “fit and proper” is not a new requirement, the guidance seeks to provide clarity to individuals […]

Guernsey: Proposed implementation of substance requirements by end of 2018

By Chris Hutley-Hurst Like other offshore jurisdictions, Guernsey will be implementing legislative economic substance requirements by the end of 2018 to address concerns raised by the EU Code of Conduct Group on Business Taxation that Guernsey’s corporate tax system could facilitate offshore structures aimed at attracting profits which do not reflect real economic substance. This briefing […]

Latest Briefings

Bermuda allows cannabis investment funds

By Elizabeth Denman Bermuda’s authorities have given the go-ahead for investment vehicles interested in taking advantage of the legal cannabis sector. Elizabeth Denman of Conyers Dill & Pearman explains why this offshore jurisdiction is the clear choice for setting up ventures investing in cannabis-related enterprises. Investment in cannabis businesses, either directly or through an investment fund, […]

New strategy for providing free access to government data

By Jürg Schneider, Christophe Gösken On 30 November 2018 the Federal Council adopted a new open government data strategy for providing the public with free access to government data. From 2020 onwards, all government data will gradually be made available for free and in a computer-friendly format. Replacing a previous version, the new strategy is mandatory for the […]

TMT Annual Report: Evolutionary Tale

Fernando Resina da Silva and Magda Cocco, VdA partners, contributed for the TMT Annual Report for the article “Evolutionary tale” about digital challenges. Regardless of the industry sector companies operate in, new business models will be needed to be developed. This may be a great opportunity for lawyers. Technology is revolutionising the economy and it […]

Oil and Gas Law Review: Sixth edition

By Olivier Bustin, Luiza Savchenko The Democratic Republic of the Congo (DRC) is the most populous French-speaking country in Africa and a very attractive prospect for investors owing to the richness of its natural resources, such as cobalt, copper, cassiterite, gold, manganese, diamond and petroleum In numerous official and unofficial speeches, it has been emphasised […]

Newsflash: Freehold Properties Bill

By Karl Anders, Louise Power House builders face the difficult task of building more homes whilst also maintaining positive relationships with customers and communities in the face of mistrust engendered by a developer-unfriendly media. This is against the backdrop of trying to run a successful, profitable business for the benefit of shareholders and employees in a constantly […]

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