Directors Duties In Guernsey

A cross-jurisdictional Carey Olsen team has advised Strategic Value Partners (SVP) in its acquisition of Vita Group from TPG.

The X Trusts were discretionary trusts governed by English, Bermudian, and Jersey law. The trustees were prohibited from exercising certain powers without the "prior written consent” of the protectors.

The Trusts (Guernsey) Law, 2007 (Trusts Law) confirms that the terms of a trust may not relieve a trustee of liability for a breach of trust arising from its own gross negligence.

Guernsey companies are governed by the Companies (Guernsey) Law, 2008. The Guernsey Financial Services Commission (GFSC) is the regulatory body for the finance industry in Guernsey...

Alongside established trust structures, the BVI Private Trust Company (PTC) has become an increasingly valuable governance solution, providing families with a dedicated corporate trustee for estate, tax and succession planning.

In the first article of this series, Middle East family office succession planning: avoiding offshore probate freezes, we explored how even well-designed ownership structures can be exposed if succession planning focuses solely on legal arrangements rather than operational continuity.

A trust is created when the legal ownership of property is transferred to or vested in a trustee who thereafter is required by law to manage and administer the property for the benefit of beneficiaries...

Guernsey has approved targeted amendments to its Trusts Law following a comprehensive review by industry and government bodies. The reforms address practical issues in trust administration, clarify key provisions around settlor and protector powers, and enhance dispute resolution mechanisms. These changes aim to maintain Guernsey's competitive position as a leading international trusts jurisdiction while preserving the core strengths of its existing legal framework.

This note does not cover striking off companies or the specific provisions on winding up of protected cell companies and incorporate cell companies.

Under The Companies (Guernsey) Law, 2008 (the "Companies Law"), when a company has been dissolved and removed from the register, all property (physical and incorporeal)...

Briefing Summary:This document summarises certain key aspects of Guernsey taxation law for the calendar years 2025 and 2026.

The Cayman Islands investment funds sector continues to evolve with significant regulatory updates affecting reporting requirements and the introduction of a new framework for tokenised funds. Key changes include modifications to Common Reporting Standards and Economic Substance filing procedures, alongside the implementation of legislation enabling digital token representation of fund interests.

The Cayman Islands has introduced significant regulatory developments for digital assets, including a dedicated framework for tokenised funds, enhanced AML and sanctions rules, and strengthened market conduct requirements for virtual asset service providers. These changes provide greater regulatory certainty while reinforcing the jurisdiction's position as a leading hub for digital assets and fintech innovation.

The Population Management Law, 2016 is to come into force on 3 April 2017.

The British Virgin Islands investment funds sector demonstrates continued resilience with sustained growth in Approved Funds and Private Investment Funds, while the Approved Investment Manager regime maintains strong momentum with 1,337 active managers as of Q1 2026.

The British Virgin Islands is advancing its position in the digital assets space through the implementation of CRS 2.0 and progress towards CARF, while single-asset, closed-ended vehicles are gaining traction for tokenised funds and blockchain projects. These regulatory developments and structural innovations are reshaping how crypto assets and real world asset tokenisation projects can be efficiently structured in this jurisdiction.

Jeremy Garrood, a Partner in Carey Olsen's Dispute resolution team appeared in the Royal Court of Jersey on Friday 26 January 2018 instructed by the UK Official Receiver to apply for the appointment of Jersey liquidators ...

New CIMA Rules effective September 2026 will transform anti-money laundering and sanctions compliance for Cayman Islands investment funds, elevating previous guidance to directly enforceable requirements. Fund governing bodies face enhanced responsibilities including mandatory annual AML training, independent audit requirements, and stricter AMLCO independence standards. Understanding these practical implications and preparing appropriate compliance frameworks will be essential for funds and their service p

The Population Management (Guernsey) Law, 2016 (the Law) requires everyone who lives and/or works in Guernsey (and who is aged 16 or over...

The Cayman Islands Monetary Authority has introduced new enforceable Rules on anti-money laundering and sanctions compliance, effective September 18, 2026. These Rules transform previous guidance into directly enforceable requirements, establishing clear obligations for regulated entities including mandatory annual training for governing bodies, independent audit requirements, and enhanced AMLCO independence standards.