In 2023, Guernsey introduced a registration regime for directors relying on the Six Directorships Exemption, fundamentally changing how these individuals are supervised and regulated. This briefing examines the scope, requirements, and implications of the Director Registration Regime, including registration procedures, ongoing obligations, and the bespoke AML/CFT framework that applies to registered directors.
GuernseyCorporate/Commercial Law
It is essential that directors determine whether they fall within the scope of the Director Registration Regime and, if so, familiarise themselves with its requirements and register themselves with the Commission.
What is the Six Directorship Exemption?
Acting as a director of a company or incorporated body (whether incorporated in or under the laws of the Bailiwick of Guernsey or elsewhere) by way of business1 is a regulated activity under the Fiduciaries Law. This applies to any person acting as a director "in or from within the Bailiwick".
There are various exemptions to the licensing requirement, set out in section 3(1) of the Fiduciaries Law. The Six Directorships Exemptions is essentially a "residual" exemption: a director is permitted a maximum of six directorships in respect of which no other exemption is available under section 3(1) of the Fiduciaries Law.
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