ARTICLE
6 November 2018

At A Glance Guide To Guernsey Private Investment Fund (PIF)

O
Ogier

Contributor

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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.
Guernsey is one of the world's leading funds domiciles, with a pedigree stretching back 50 years and a net asset value of funds under management and administration of £276 billion (30 June 2018).
Guernsey Finance and Banking
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You can read our infographic version of Guernsey Private Investment Fund (PIF) here.

Guernsey is one of the world's leading funds domiciles, with a pedigree stretching back 50 years and a net asset value of funds under management and administration of £276 billion (30 June 2018).

The island is the number one choice for non-UK entities listed on the London Stock Exchange and is one of just ­five non-EU jurisdictions to have been given an "unqualified and positive assessment" by ESMA for a third-country passport under the Alternative Investment Fund Managers Directive (AIFMD).

Ogier's partner-led team of Guernsey investment funds specialists advise on all stages of the investment funds life-cycle, and work closely with colleagues from BVI, Cayman, Hong Kong, Jersey, London, Luxembourg, Shanghai and Tokyo offices.

Guernsey's PIF regime demonstrates the island's flexibility – the regime recognises that there is a category of fund where management has a closer relationship with investors than is typical, and sets the regulatory framework accordingly.

We specialise in parallel fund structures utilising multiple jurisdictions.

Recent awards include Offshore Law Firm of the Year (Chambers Europe 2018) and International Law Firm (Legal Week Innovation Awards 2018).

Independent market research shows that 98% of those surveyed would re-instruct us and recommend us to others.

5 things to know about the PIF regime

No limit on the number of prospective investors to whom the PIF may be marketed to.

No minimum investment required.

The PIF allows a maximum of 50 legal or natural persons to hold an ultimate economic interest, except where the investment is made by an investment manager acting as agent for a group of stakeholders. The PIF can add up to 30 new ultimate investors in any rolling 12-month period.

There is no requirement for a prospectus and, where one is issued, there are no specified contents requirements.

PIFs may be either open-ended or closed-ended collective investment schemes.

5 things to know about PIF approvals

Regulatory approval obtained in one business day.

No prospectus or other fund documents are required to be submitted to the regulator.

There is no requirement to demonstrate track record; instead the designated administrator must be satis­fied that the proposed promotor of the PIF is 'fi­t and proper'.

Managers must provide a declaration to the regulator in respect of investors' ability to sustain any losses incurred in respect of the PIF at the time of their investment.

The PIF requires a Guernsey domiciled licensed manager to be appointed.

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.

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