By Craig Cordle – Data protection and privacy laws have been reformed across Europe by Regulation (EU) 2016/679, commonly known as the General Data Protection Regulation (GDPR) which came into force on 25 May 2018. The GDPR builds on existing legislation and seeks to harmonise and enhance data protection and privacy laws across the EU. It also introduces significant fines in respect of breaches.
Legal & Regulation
By Paul Smith, Guernsey Investment Fund Association – In an era when uncertainty and the unexpected can be relied upon to spoil the best-laid plans, Guernsey is one jurisdiction able to provide a stable, secure base from which to operate, and has the infrastructure and resources to ensure the highest levels of service quality while also being able to provide businesses with true substance.
Lendy, the property platform, has received full authorisation from the UK regulator, the Financial Conduct Authority (FCA). Lendy’s secured lending model was authorised by the FCA following a detailed end-to-end assessment of its business and operating model.
Nearly two thirds (61 per cent) of real estate investors are concerned about the impact of the new regime on taxing gains made by non-resident investors on UK real estate, according to a new report commissioned by Intertrust, a provider of high-value trust, corporate and fund services.
By Keith Parker, Link Asset Services – The Irish funds industry had another bumper year with total assets for 2017 growing by EUR298 billion – a 16 per cent year-on-year increase – to a record high of EUR2.4 trillion1, a substantial figure and testament to the attractiveness of Ireland as a global funds domicile. Of this total just over 76 per cent represents UCITS funds’ assets, the balance representing alternative assets. More than 900 fund managers from 50-plus countries have assets serviced in Ireland.2
By Mark Crossan, Bridge Consulting – Irish Funds are on the move again. Every couple of years there is a new product evolution. In 2015 we had the introduction of the ICAV (Irish Collective Asset Management Vehicle) and 2018 is shaping up to be no different. Not only could this year be the year that Ireland gets its eagerly awaited revamped Investment Limited Partnership (ILP) structure, but it looks like other changes are afoot as well.
By Gayle Bowen & Aongus McCarthy, Pinsent Masons – Under new rules implemented by the Central Bank of Ireland (“Central Bank”) last month, Irish Loan Originating Qualifying Investor AIFS (“L-QIAIFs”) are now permitted to adopt broader credit focussed strategies. Previously L-QIAIFs were prohibited from engaging in any activities other than lending and ancillary related operations.
Ireland’s investment funds industry shows no sign of slowing with total AUM reaching EUR2.4 trillion by end of 2017. That’s a 16 per cent growth year-on-year and represents a new high watermark for the jurisdiction, as alternative fund managers continue to set up UCITS and QIAIFs.
Guernsey’s fund sector is expecting increased interest in its Private Investment Fund following a change in its rules and guidance.
Changes are being made to Guernsey’s Private Investment Fund (PIF) regime following a one-year review undertaken by the Guernsey Financial Services Commission (GFSC).