Friday 26 April 2013

Jersey Foundations proving popular with clients from civil law jurisdictions


In the summer of 2009 Jersey introduced a new law, which enabled the establishment in the Island of Foundations for the first time.  Since that date, 200 of the structures have been registered in the Island – not a huge number, but a respectable performance given the current financial gloom.  

So what are they being used for?

Interestingly, according to Jersey Finance, around one third of the Foundations formed are being used for philanthropic or charitable purposes, with a further third being used specifically by ultra-high-net-worth families as part of their family wealth management and dynastic planning strategies. The remainder are being used for commercial purposes and for holding high value or luxury assets.

Jersey Foundations are apparently proving particularly popular in civil law jurisdictions, where the common-law concept of the trust is less familiar. As well as a strong uptake in continental Europe, including Switzerland and the Netherlands, there have been high levels of interest from Asia, including the Far and Middle East, with a number of Foundations being used for Sharia’h-compliant financing arrangements.


Saturday 13 April 2013

JTC Group acquires Ardel Fund Services


JTC Group, the Jersey-headquartered trust company backed by private equity house CBPE, has acquired Ardel Fund Services Limited (AFSL).

AFSL, which was formerly known as Bachmann Fund Administration, was established in Guernsey in 1993 and is a specialist fund administration business.   13 AFSL staff will join JTC Group, with the combined team operating from AFSL’s premises in Frances House in St Peter Port. 

JTC already had existing fund business in Jersey and Luxembourg, but the acquisition will improve the strength in depth of that area of the business, and adds Guernsey, which is an important location for alternative investment funds, into the fund portfolio. 

Thursday 11 April 2013

Luxembourg to relax its banking secrecy from 1st Jan 2015


Luxembourg, a territory renowned for its strict banking confidentiality, has acknowledged the unstoppable movement towards automatic exchange of tax information and has said that it will automatically exchange details of deposits held by individuals within the European Union by 1st January 2015.

Up until now, under the EU Savings Directive Luxembourg has adopted the route of withholding tax on savings rather than exchanging information, but it appears now to believe that the US’s FATCA initiative is a game-changer requiring a more open approach. However, its move to relax banking secrecy is only going so far - the new regime will not apply to foreign companies based in the country, which is a popular headquarters for major corporations, but only to EU citizens, significantly lessening its impact

The move by Luxembourg will bring it in line with all the EU member nations except Austria, who are believed to be considering their position and coming under pressure from other U member states to adopt a more transparent approach.

The Luxembourg move comes hard on the heels of UK Government’s  announcement that it is to pilot a new multilateral tax information exchange agreement with four of its largest EU fellow members (France, Germany, Italy and Spain), and its negotiation of a so-called “mini-FATCA” with Jersey, Guernsey and Isle of Man (with Cayman to follow suit).

Ipes sold to Silverfleet


The long awaited sale of Guernsey head-quartered fund administrator Ipes to private equity firm Silverfleet has been announced.
Ipes was founded in 1998 by Connie Helyar and Peter Gillson, as a specialist private equity fund administration business. It has built a particular niche in servicing the needs of UK mid-market PE funds, and has grown to approximately 130 staff across 4 locations (Guernsey, Jersey, Luxembourg and the UK).  It has in the region of $50 billion in fund assets under administration.
Ipes was sold to RJD Partners in 2008, and has now been on-sold to Silverfleet Capital for £50m, subject to regulatory approval, reflecting the continuing interest of private equity houses in fiduciary and administration services businesses.

Monday 8 April 2013

Basel Group acquired by First Names Group (formerly IFG)


Fiduciary business First Names Group (formerly IFG International) has announced its agreement to acquire Jersey head-quartered trust company Basel Group (“Basel”).   Basel, run by industry veteran Julie Coward, was established in 1996 and currently employs 100 staff across Jersey, Luxembourg and Switzerland, with associated offices in Mauritius and Monaco. 

Private equity house Anacap backed an MBO of IFG International last year.  The team has been busy since then, rebranding the company as First Names Group and acquiring Moore Management, the Jersey fund specialist.   

Post the Basel acquisition, First Names Group will have more than 400 staff across nine jurisdictions, including Jersey, Luxembourg and Switzerland, making it one of the significant multi-national players in a business with relatively few providers of scale.

The transaction remains subject to regulatory approval. 

The combined business plans to relocate shortly to new flagship premises in the new financial quarter of St Helier.  

Wednesday 3 April 2013

UK and US hypocrisy on tax avoidance - it's OK for us, but not for you


One thing that you can’t have failed to notice in recent years is the increasing rhetoric regarding the morality of offshore centres and tax avoidance.  The days when tax evasion was bad, but tax avoidance was perfectly acceptable, seem to be a distant memory.  President Obama, Carl Levin and David Cameron have all been amongst the most vociferous critics, promising to stamp down on the offshore industry and the consequent tax “leakage”. 

There couldn’t be just a teensy weensy bit of hypocrisy in all the political bluster could there?

Representative Devin Nunes, a California Republican, last week put forward proposals for a “business consumption tax” to replace corporation tax. The detail of the proposals is irrelevant for this article (although it makes an interesting read for anyone who is so inclined), but what is interesting for these purposes is Nunes’s comment in support of his radical reform proposals:

 “Both U.S. and foreign companies would have more reason to invest here....This would make the U.S. the largest tax haven in human history.”

Bloomberg reported that it had come across two objections to Nunes’s idea. The first is that it is simply too ambitious to be politically viable; the second is that the proposal would cost the federal government a lot of revenue if the new business consumption tax was set as low as Nunes was suggesting.  But nowhere was there a suggestion that anyone was saying that the US shouldn’t do it because it would be morally offensive to attract foreign companies to the US simply because of an attractive tax regime.

And of course for decades the USA – or at least the State of Delaware - has already been one of the largest tax havens in the world.  It’s funny how that seems to have escaped the politicans’ notice when pointing fingers at Cayman or Bermuda.

Of course, it’s not just the Americans that are at it.  Our own Prime Minister has promised to use his political clout to clamp down on tax avoidance opportunities.  He removed LVCR from the Channel Islands in a politically motivated move which had little to do with protecting UK tax revenues, and more to do with being seem to “crack down” on tax havens. At the same time, when France hiked its own tax rates, he was encouraging French citizens to hop across the Channel and move to London, to take advantage of the UK’s very fiscally attractive non-dom tax regime, saying that they would be welcomed with “open arms”.  Surely, following its own rhetoric, the UK government should discourage them from trying to avoid their moral responsibility to pay French tax?

Having a political viewpoint on taxation is fine.  I accept that there are politicians, such as Hollande and Merkel, who believe that a high taxation model is right and necessary, and that there should be strict measures to prevent tax avoidance.  I don’t necessarily agree with them, but at least they have principles and stick to them. 

The UK and the US, on the other hand, castigate lots of small countries for being “parasites” and attracting business and people on the basis of unusually low tax rates, whilst harbouring ambitions to do exactly the same themselves (and indeed, already doing it to a very significant degree).  It seems that tax avoidance is only immoral if facilitated outside of their own countries.  This position is little better than bullying of small countries by big ones.  To dress it up as morally motivated is a disgraceful deceit.