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  • Article

    Fraud Prevention: The Royal Court's New Power

    The Companies (Guernsey) Law 2008 defines a "member" of a company as one whose name appears in the company's register of members.
    GuernseyCorporate/Commercial Law
    Babbe Legal
    Babbe Legal
  • Podcast

    On The Sofa With... Wayne Atkinson And Amy Davies (Podcast)

    In this episode of 'On the Sofa with' Collas Crill Partner Wayne Atkinson talks to Senior Associate Amy Davies about Collas Crill's white collar crime practice in Guernsey. They discuss the possibility...
    GuernseyCriminal Law
    Collas Crill
    Collas Crill
Article

Lessons To Be Learned From A Recent Regulatory Matter

We were recently instructed by a Bank in relation to a regulatory matter. The Bank had made a suspicious activity report to the Financial Investigation Unit ("FIU") due to their concerns about the potential source of funds in an account.
GuernseyWealth Management
Ogier
Ogier
  • Article

    The Revised Guernsey AML Handbook

    The revised Handbook on Countering Financial Crime and Terrorist Financing (Handbook), issued by the Guernsey Financial Services Commission (GFSC), came into operation on Monday 1 April 2019.
    GuernseyGovernment, Public Sector
    Appleby
    Appleby
  • Article

    Competition Dawn Raids: A New Era Of Enforcement

    A recent dawn raid on a multinational technology company conducted by the Japan Fair Trade Commission (“JFTC”) as part of its investigation into potential anticompetitive conduct in the cloud computing sector...
    GlobalAntitrust/Competition Law
    Mayer Brown
    Mayer Brown
  • Article

    Guernsey Financial Services Commission Issues Revised AML/CFT Handbook

    On December 12, 2018, the States of Guernsey voted to approve legislation which represents the culmination of a substantial effort to revise Guernsey's proceeds of crime framework in order to meet the ...
    GuernseyGovernment, Public Sector
    Duff and Phelps
    Duff and Phelps
  • Article

    Guernsey Shares Its Approach To Robust Company Formation And Transparency

    Baroness Margaret Hodge and Jake Richards MP visited Guernsey to examine the island's approach to beneficial ownership transparency and its fight against illicit finance.
    GuernseyGovernment, Public Sector
    Guernsey Finance
    Guernsey Finance
  • Article

    New Act Targets Facilitation Of Tax Evasion

    On 27 April 2017, the Criminal Finances Act 2017 received Royal Assent. It is expected to come into effect in September 2017, and will introduce the new corporate criminal offence of failing to prevent the facilitation of tax evasion.
    GuernseyWealth Management
    Appleby
    Appleby
  • Article

    The Changing Face Of Financial Crime: Who Wants To Be A MLRO?

    It is 56 years since Bob Dylan released his anthemic song "The Times They Are a-Changin'", but it still proves relevant in many areas of life, including financial crime.
    GuernseyCriminal Law
    Carey Olsen
    Carey Olsen
  • Article

    Tackling Offshore Tax Evasion - Update

    In October 2015 we reported on the UK's consultation papers outlining HMRC's proposed two pronged approach to tackling facilitators and enablers of offshore tax evasion.
    GuernseyTax
    Collas Crill
    Collas Crill
  • Article

    SAR Wars: A New Approach?

    Further to Bailiwick of Guernsey Consent Regime guidance issued in April 2023 (Guidance), a recent change in approach from the Guernsey Financial Intelligence Unit (FIU)...
    GuernseyGovernment, Public Sector
    Collas Crill
    Collas Crill
  • Article

    Constructive Trusts Of Immovable Property – Guernsey And Jersey Law's Differing Paths

    A constructive trust is an equitable remedy imposed at the discretion of a court. It benefits a party that has been wrongfully deprived of its rights due to another person obtaining or holding a...
    GuernseyReal Estate and Construction
    Walkers
    Walkers
  • Article

    Banks' Quincecare Duty To Customers Revisited

    In July 2019 we published a briefing note on a case involving a bank's duty of care to protect its customer against fraud ...
    GuernseyFinance and Banking
    Collas Crill
    Collas Crill
  • Article

    Guernsey Register Of Beneficial Ownership

    Guernsey's Policy and Resources Committee has recently submitted its proposals for the establishment of a register of beneficial ownership for consideration by the States of Guernsey...
    GuernseyCorporate/Commercial Law
    Bedell Cristin
    Bedell Cristin
  • Article

    The Case For Payment Regulations In The Crown Dependencies

    Payments was historically a hidden component of financial services only fully understood by specialists. In the last 20 years, however, it has become a strategic differentiator...
    GuernseyFinance and Banking
    Walkers
    Walkers
  • Article

    Shah And Garnet – Lessons To Be Learnt For FSBs

    There must have been close to an audiblesigh of relief from banks and other financialinstitutions when the final decision in thelandmark case Shah and another v HSBCPrivate Bank (UK) Ltd ("Shah") was handeddown by the High Court of Justice in May2012, not least because it ended four and ahalf years of litigation, six reported decisions(three from the Court of Appeal) and a gooddeal of uncertainty during that time.
    GuernseyFinance and Banking
    Collas Crill
    Collas Crill
  • Article

    National Risk Assessment: Implications For Guernsey Businesses

    The Handbook on Countering Financial Crime and Terrorist Financing (the Handbook) issued by the Guernsey Financial Services Commission (the Commission) is a statement of the standards...
    GuernseyGovernment, Public Sector
    Ogier
    Ogier
  • Article

    Guernsey's Civil Forfeiture Regime – The 2022 Update And Recent Case Law

    In 2016 Moneyval issued an evaluation report on the Bailiwick of Guernsey. This commented favourably upon the Island's regulatory framework and compliance regime...
    GuernseyCriminal Law
    Walkers
    Walkers
  • Article

    Liang V RBC Trustees (Guernsey) Limited - SARs And Private Law Actions – The 'Chilling Effect' Of Guernsey's AML Legislation In Practice

    Carey Olsen partner Mark Dunster and counsel Simon Florance consider the recent judgment in Liang v RBC Trustees (Guernsey) Limited – the first time a private law action...
    GuernseyLitigation, Mediation & Arbitration
    Carey Olsen
    Carey Olsen
  • Article

    COVID-19 And Financial Crime

    Alas, in my opinion many of the most successful criminals are often better strategists than some of the most powerful business executives in the world.
    GuernseyCoronavirus (COVID-19)
    Collas Crill
    Collas Crill
  • Showing 1–20 of 37 results

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