The Legal 500

Enhancing client cash deposits

We are a firm of advocates practising in Guernsey and regularly advise on issues arising from pension arrangements established or administered from Guernsey. Based on our experience and interaction with our clients, we are writing to you in response to HMRC’s invitation to consult on the Draft Overseas Pension Schemes (Miscellaneous Amendments) Regulations 2012 (the “Draft Regulations”) issued by HMRC on 6 December 2011.

Guernsey

Responding to HMRC’S proposed changes for Guernsey QROPS

This memorandum has been prepared for the assistance of our clients in connection with the provisions relevant to the Office of the Registrar of Companies under the Companies (Guernsey) Law, 2008 (as amended) (the “Companies Law”).

The Royal Court has ruled that restraint orders obtained in Guernsey on requests from foreign authorities can only apply to assets located in the Bailiwick, striking down the extra-territorial effect of a restraint order obtained at the request of the National Prosecuting Authority of South Africa.

Whilst many trustees and providers are now familiar with the QROPS regime, as schemes mature and members seek to avail themselves of the funds in their schemes in various ways, important questions are arising in relation to matters as diverse as the level and age on which benefits can be taken, how to align Guernsey and English taxation requirements and what restrictions apply in respect of investments and the granting of loans.

Global Overview Mark Moedritzer and Kay C Whittaker Shook, Hardy & Bacon LLP 3

Table of Contents Introduction to Guernsey 1 About Carey Olsen 2 Fund Regulations in Brief 2 Investment Business 3 Collective Investment Schemes 3

This memorandum has been prepared for the assistance of clients considering establishing a fund under the laws of Guernsey. It is intended to provide only a summary of the main legal requirements and general principles applicable to establishing a fund in Guernsey and it is not intended to be comprehensive in its scope. It is recommended that a client seeks legal advice on any proposed transaction prior to taking steps to implement it.

Introduction The Guernsey Financial Services Commission (the GFSC) has recently issued the final form of the Code of Corporate Governance for the Finance Sector (the Code) which will take effect from 1 January 2012. Its stated purpose is to provide boards and individual directors with "a framework for sound systems of company governance".