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Related briefings

Reforms to Guernsey’s insolvency laws to be introduced

By David Jones With the States of Guernsey’s approval yesterday of the Companies (Guernsey) Law, 2008 (Insolvency) (Amendment) Ordinance, 2020 (the “Ordinance”), Guernsey took a step towards further enhancing its reputation as a robust jurisdiction for restructuring and insolvency. While the previous regime served its purpose, supported by Guernsey’s adaptable and practical judicial system, the […]

Guernsey’s economic substance requirements – Application to the funds industry

By Chris Hutley-Hurst Like other offshore jurisdictions, Guernsey has implemented legislative economic substance requirements, which came into force on 1 January 2019, to meet a commitment 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 […]

Guernsey’s new economic substance requirements – Application to the insurance industry

By Christopher Anderson This briefing note focuses on the application of Guernsey’s economic substance requirements to the insurance industry, taking into account the latest developments in guidance and legislation, and covering: what is in scope; in-scope companies; CIGAs; outsourcing; adequate physical presence; written resolutions; compliance and monitoring; anti-avoidance; and practical steps towards compliance. BACKGROUND Like […]

Jersey’s private wealth relationship with the Middle East

By Sarah Farrow The relationship between Jersey and the Middle East is an important one. Jersey has been working closely with governments, businesses and high net worth families in the region for many years. The relationship began in earnest in the mid-twentieth century with the City of London as the catalyst. London has always been […]

Setting aside and rectifying mistakes in respect of trusts relating to tax

By Natasha Kapp, Nina Clift The Royal Court of Guernsey has recently handed down two judgments on setting aside and rectifying mistakes in respect of trusts relating to tax. These cases confirm the availability of these remedies under the Trusts (Guernsey) Law, 2007 and the applicable legal principles that will be applied. SETTING ASIDE TRANSFERS […]

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Private damages claim, public procurement context: Essential limitation advice

By Gwendoline Davies, Lynsey Oakdene Why is this case of interest? In the recent case of Secretary of State for Transport v Arriva Rail East Midlands, the Court of Appeal has highlighted the fact that public procurement processes can give rise to both public and private law claims. Understanding the distinction between public and private […]

Stamp duty and cash pooling

By Samuel Fernandes de Almeida On this matter, it seems peaceful that we will be facing credit granting operations, this time in the form of a current account in which the term is not determinable. The tax treatment under the Stamp Tax (IS) of so-called centralized treasury management operations – cash pooling – has been […]

Foreign Exchange Policy: Angola

By Filipa Fonseca Santos, Joana Pacheco The Angolan Central Bank (Banco Nacional de Angola – “BNA”) recently approved Notice no. 01/2020, with a view to simplifying the administrative procedures for licensing the import of goods, and Notice no. 02/2020 with a view to making exempt from authorisation certain current invisible transactions, ordered by legal persons. […]

Social Housing monthly law update – January 2020

By David Isaacson TLT’s monthly law update on all things affecting social housing To help you keep up with the law and comply with registered provider standards, this monthly law update covers the current legal issues affecting the social housing sector. It includes the main legislative and case law developments and statutory guidance issued for […]

SMEs and commercial lenders: Would further regulation help or hinder?

By Peter Richards-Gaskin When individual consumers need to take action against financial services firms, they’re able to do so via the Financial Ombudsman Service (the FOS). It’s also comforting for them to know that the mortgage on their home is regulated by the Financial Conduct Authority (the FCA). But what about when SMEs are faced […]

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