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Proposals for a Register of Beneficial Proposals for a Register of Beneficial

Proposals for a Register of Beneficial - PowerPoint Presentation

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Proposals for a Register of Beneficial - PPT Presentation

Ownership of Guernsey Companies Proposals for a Register of Beneficial Ownership of Guernsey Companies Existing Position in Guernsey Review of the Main Proposals Definition of Beneficial Owner UK Position compared to Guernsey Proposals ID: 624666

guernsey beneficial control register beneficial guernsey register control information significant ownership address proposals legal persons person company

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Presentation Transcript

Slide1

Proposals for a Register of Beneficial

Ownership of Guernsey CompaniesSlide2

Proposals for a Register of Beneficial Ownership of Guernsey Companies

Existing Position in Guernsey

Review of the Main Proposals

Definition of Beneficial Owner

UK Position compared to Guernsey Proposals

Access to the Information

The next steps

QuestionsSlide3

Existing Position in Guernsey

Appoint Resident Agent

Ascertain the

identity of all

Beneficial OwnersKeep in-house recordsAccessible by the GFSC and Law Enforcement Agencies   Criminal and regulatory sanctions for non-complianceSlide4

Main Proposals

Central register

Administered by a Registrar of Beneficial Ownership

Resident Agent to notify Registrar of changes within 14 days

Standard Beneficial Ownership Declaration FormsCriminal and regulatory sanctions for non-complianceInclude compliance and information gathering noticesPenaltiesSlide5

Who are the Beneficial Owners?

A natural person who:

holds more than 25% of a company’s shares or voting rights;

holds the right, directly or indirectly, to appoint or remove the majority of a

company’s directors; Otherwise owns or controls a relevant legal person, or any underlying person or legal arrangement, which itself meets the 25% threshold in relation to the legal person in question.Slide6

UK - Persons with Significant Control

Enacted 5 April 2016

Requires UK private companies and LLPs to keep a Persons of Significant Control (‘PSC’) Register

Definition of a PSC:

Individuals who meet one or more of the following conditions:holds more than 25% of the company’s shares or voting rights; holds the right, directly or indirectly, to appoint or remove the majority of a company’s directors; exercise or have the right to exercise significant influence or control over a company; exercise or have the right to exercise significant influence or control over any trust or firm (which is not a legal entity) which has significant control (under one of the four conditions above) over the company.Slide7

UK - Persons with Significant Control

Requirement for legal entities to be included on PSC Register in some circumstances.

The following details are required:

Name

Service addressNationalityDate of birth Residential addressDetails of the nature of the control exercisedA company can have no Persons of Significant ControlRegister kept at Registered Office and on Companies HouseAvailable to the public Slide8

Guernsey – Beneficial Ownership Register

The following details will be required:

Name

Service Address

NationalityDate of birthResidential AddressDate the individual became a beneficial ownerBasis on which the individual has been identified and verified as a beneficial owner and the information that has been relied upon in doing so.Legislation also to be applied to LLPs, Limited Partnerships and FoundationsNominee shareholders also to be included on the register.Slide9

Who will be able to view the information?

Accessible by Guernsey authorities

Guernsey authorities can disclose this information to foreign authorities

Not available

to the publicThe register will be protected by confidentiality rules and encryption, but the form the register will take is still under consideration. Various ideas have been proposed by industry to address the risk of data security.Slide10

What next?

Consultation closed on 8 July 2016; details on implementation are awaited.

Guernsey has signed

an

‘Exchange of Notes’ with the UK Government to mutually share beneficial ownership information by 30 June 2017. Guernsey has also committed to a new international initiative, led by the G5 Countries, to automatically exchange beneficial ownership information in the future. Guernsey is a well regulated International Finance Centre committed to fighting financial crime. There is a need to adapt to international pressures for greater transparency - but without wholly removing individuals’ rights to personal privacy.Slide11

Questions?

Hannah Bisson

Relationship Manager

Tel:

01481 737766hannah.bisson@butterfieldgroup.comPaul HodgsonManaging DirectorTel: 01481 739145

paul.hodgson@butterfieldgroup.com