New Ways To Register A Private Investment Fund In Guernsey

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Ogier
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Ogier provides legal advice on BVI, Cayman, Guernsey, Irish, Jersey and Luxembourg law. Our network of locations also includes Beijing, Hong Kong, London, Shanghai, Singapore and Tokyo. Legal services for the corporate and financial sectors form the core of our business, principally in the areas of banking and finance, corporate, investment funds, dispute resolution, private equity and private wealth. We also have strong practices in the areas of employee benefits and incentives, employment law, regulatory, restructuring and corporate recovery and property. Our corporate administration business, Ogier Global, works closely with Ogier's partner-led legal teams to incorporate and administer a wide variety of vehicles, offering clients integrated legal and corporate administration services. We have the knowledge and expertise to handle the most demanding and complex transactions and provide expert, efficient and cost effective services to all our clients.
The Guernsey Financial Services Commission (the Commission) has added two new ways to register a Private Investment Fund (PIF) in Guernsey, and this will take effect immediately. But what does this mean?
Guernsey Finance and Banking
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The Guernsey Financial Services Commission (the Commission) has added two new ways to register a Private Investment Fund (PIF) in Guernsey, and this will take effect immediately. But what does this mean?

There are now three possible routes, each with its own benefits and requirements.

Route One: POI Licensed Manager PIF

This is the traditional way of registering a PIF. The Commission noted that the current framework works well for certain providers and clients, and should still be available. Therefore, the option to register a PIF in exactly the same way as one does today will remain. All currently registered PIFs will continue to be registered this way, as they already meet the requirements for 'Route One'. A PIF which is already registered will be able to change the basis of its registration, if it wishes to do so.

Route Two: Qualifying Private Investor PIF

Recognising the strong support for a PIF model without an attached POI licensed manager, the Qualifying Private Investor PIF is an alternative route which focuses on investors meeting the definition of a "qualifying investor". 

Route Three: Family Relationship PIF

Taking into account the view that the PIF should be a truly private structure, the Commission proposed this third route which firmly places the PIF as a private wealth structure as opposed to a private wealth product. Using this route, there would be a family relationship between investors and no capital raising from investors outside this relationship. 

To help, we have pulled together a series of user-friendly guides highlighting the three different routes now available.

Originally Published 30 April, 2021

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

New Ways To Register A Private Investment Fund In Guernsey

Guernsey Finance and Banking
Contributor
Ogier  logo
Ogier provides legal advice on BVI, Cayman, Guernsey, Irish, Jersey and Luxembourg law. Our network of locations also includes Beijing, Hong Kong, London, Shanghai, Singapore and Tokyo. Legal services for the corporate and financial sectors form the core of our business, principally in the areas of banking and finance, corporate, investment funds, dispute resolution, private equity and private wealth. We also have strong practices in the areas of employee benefits and incentives, employment law, regulatory, restructuring and corporate recovery and property. Our corporate administration business, Ogier Global, works closely with Ogier's partner-led legal teams to incorporate and administer a wide variety of vehicles, offering clients integrated legal and corporate administration services. We have the knowledge and expertise to handle the most demanding and complex transactions and provide expert, efficient and cost effective services to all our clients.
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