Newsroom

JFA News
Wednesday
06
October 2021

JFA chair highlights importance of innovation and stability at update

An ability to remain agile in a changing landscape, deliver innovative solutions and offer a platform of stability are key differentiators for Jersey’s funds industry that are resonating clearly with managers and investors, according to the chairman of the Jersey Funds Association (JFA).

JFA Chair Tim Morgan gave his update at the JFA Annual Dinner recently (23 September), attended by more than 350 funds and wider industry professionals, including an overview of the current funds landscape, the ongoing work of the JFA with its key stakeholders in Jersey, and future opportunities for Jersey’s funds sector. It was the first physical return to events for the JFA since 2019, since when all updates had been provided on a digital basis.

Pointing to the fact that Jersey’s funds industry recorded another new record high of fund assets being administered at the half-way point in 2021 (£436bn), with private equity and venture capital increasing by 21% year-on-year and the number of Jersey Private Funds (JPFs) rising to 456, Tim commented:

“The latest figures show that Jersey’s focus on alternative investment funds continues to provide a stable platform of long-term capital. From the start it was clear that the pandemic was affecting participants differently. Large, well-known sponsors with strong platforms continued to fundraise. Conditions were more challenging for new and smaller investment groups. However, many have in any case proceeded with the raising of successful, small, first funds and club deals, and that correlates with the continued growth in the number of JPFs we have seen. It’s a real endorsement of Jersey’s appeal and expertise.”

In addition, Tim, who is also a partner at the Jersey legal practice of the Maples Group, highlighted the importance of Jersey’s funds industry maintaining momentum in delivering innovative solutions to global investors:

“Jersey has continued to test innovations in digital assets, as well as increased amounts of structures aimed at sustainable technologies and related assets, which is very positive. In addition, significant changes have also occurred in the administration space – increasingly tech is a key component of how services are being provided, which is enhancing how governance, risk management and compliance are managed in practice. Jersey service providers have been impressive in adopting a digital first approach over the past year and this is undoubtedly a key part of our success.”

Meanwhile, Tim also highlighted that shifts in global geopolitics, regulation and competition were providing challenges, with Jersey’s focus on maintaining a perfect ecosystem for alternative funds putting it in a strong position:

“The political environment is volatile – the change in US administration; increased pressures from the EU and OECD in relation to tax; numerous policy initiatives from UK in the post Brexit and post pandemic environment; upcoming elections in Germany and France. All this means that there is a need for continual engagement in relation to Jersey’s position internationally. At the same time, jurisdictionally, the competitive environment is intense.

“However, Jersey’s ability to pivot in an agile manner, in particular between JPFs and more narrowly-held joint venture and co-investment vehicles, is valuable and provides popular, efficient solutions. At the same time, Jersey has an incredibly strong culture of partnerships with the JFSC, government, and other industry elements all working together on areas of opportunity or concern for our funds and wider finance industry. This is a real differentiator for us, as we continue to focus on our core message - that Jersey offers a unique ecosystem to provide a platform of stability in a rapidly changing market.”

Entertainment at the event, which was held at the Trinity Showground, was provided by comedian and writer Jo Caulfield and London-based singer-songwriter and former Jersey Young Musician of the Year Sam Walwyn.

The main sponsor of the dinner was Mourant, whilst silver sponsors were BNP Paribas Securities Services, IQ-EQ, Ogier and PwC, and the champagne sponsor was Carey Olsen.

Speaking at the recent JFA Dinner, Chair Tim Morgan provided an update on Jersey's funds industry...

JFA News
Tuesday
04
May 2021

Innovation and digital adoption key drivers for ambitious Jersey funds industry

The findings of the third annual survey of Jersey Funds Association (JFA) members have highlighted digital adoption, upskilling and product innovation as key drivers for Jersey's funds industry over the coming years...

Accelerated digital adoption, upskilling and product innovation will be key themes for a “confident and ambitious” funds industry in Jersey over the coming years, according to the findings of the third annual survey of Jersey Funds Association (JFA) members.

Presented by JFA Chair and Maples Partner Tim Morgan at a recent virtual event, the findings of the survey, which explored key opportunities and issues for Jersey’s funds industry and the sentiment of practitioners, will be instrumental in informing the JFA’s strategy over the coming years.

Tim was joined at the event by a panel of experts including Mike Byrne, Partner at PwC, Amy Bryant, Deputy CEO at Jersey Finance, Martin Moloney, Director General at the Jersey Financial Services Commission, and Alex di Santo, Group Head of Private Equity at Crestbridge.

Amongst its key findings were that digital transformation will continue to be pivotal to the core operation of funds businesses in Jersey, shaping approaches to regulation, tax and governance over the coming years. Highlighting the impact of Covid-19in particular, 92% of respondents said that the pandemic had changed the way their business uses technology to some degree, with 63% saying it had significantly accelerated digital adoption within their business.

Further, while the vast majority (62%) considered that current skills training was sufficient, around 37% suggested that greater support was needed to support upskilling for a more digitised future.

Meanwhile, on the regulatory front, the survey indicated that Jersey’s response to economic substance rules had been broadly welcomed by the industry, with 42% of respondents claiming that substance rules had had a positive impact on Jersey’s competitiveness, while 70% suggested that Jersey is striking the right balance between ease of doing business and regulation.

It also highlighted that Brexit is still seen as, on balance, a neutral or positive factor for Jersey’s funds industry, with almost a third (31%) of respondents anticipating an increase in business as a result of Brexit.

The survey also painted a picture of an industry that is looking to grow and diversify, with 69% of respondents saying they were confident that their business would grow over the next five years, driven largely by organic growth (69%).

In terms of strategic priorities, both in the short and medium terms, the focus remains on private equity, real estate, venture capital and debt funds, whilst geographically, Jersey’s funds industry is increasingly global in nature, with the US West and East coasts and Middle East markets seen as increasingly important, complementing the existing strong focus on the UK.

Commenting on the findings, Tim said: “Despite the challenges of the last year, Jersey’s funds industry has continued to see hugely impressive growth, with the latest figures for funds business registered in Jersey rising to a new record level of some £378 billion in 2020. The ecosystem Jersey provides for alternatives – its stable platform, quality regulatory framework, expertise and service quality – is clearly resonating with investors, and the outlook for the coming years remains very positive.

“Nevertheless, what this survey shows is that Jersey’s funds industry is both confident and ambitious, and continues to look to push boundaries, innovate and improve. The focus on digital adoption and upskilling comes across clearly this year, with the industry keen to position itself as an authority in the alternatives space, while there are also real ambitions to diversify and grow, including in the ESG space.

“These findings will be vital in informing how we continue to enhance our funds ecosystem, and I’d like to thank our membership for their time and support in putting their views forward.”

Industry News
Thursday
22
April 2021

New research highlights post-pandemic domiciliation trends

A new report by IFI Global, supported by Jersey Finance, has been published, exploring post-pandemic fund domiciliation trends...

The rise of sustainable finance, the impact of Brexit, EU regulation and the fallout of the pandemic all have the potential to shape considerations around alternative fund domicile selection, according to new research published recently by IFI Global and supported by Jersey Finance.

Based on the views of alternative managers, law firms and advisors from across North America, Europe and Australasia, including some of the world’s largest investors in alternatives, the research for this new report – entitled ‘The Future of International Fund Domiciliation 2021’ – was carried out between October 2020 and February 2021.

More information and the full report can be found here.

JFA News
Monday
08
February 2021

Watch Again: Jersey Finance Funds Masterclass: 2021 Domiciliation and Brexit Update

Jersey Finance hosted a Masterclass looking at fund domiciliation in a post-Brexit landscape on 4 February 2021. Watch it again here...

Live streamed last week (4 February), the latest Jersey Finance Funds Masterclass, which featured a number of industry and Government of Jersey representatives, explored what lies ahead for the European alternative funds landscape in the wake of Brexit with the transition period having now come to an end. Amongst the themes explored by panellists were the change stemming from Brexit, the review of the AIFMD, the shifting global corporate tax environment and the stability Jersey offers the alternative funds community in light of this period of change.

Watch the Masterclass again here.

Industry News
Monday
21
December 2020

Fund Domiciliation in a Fast Changing World

New white paper published by IFI Global

Earlier this month, Jersey Finance contributed to a white paper by IFI Global looking at domiciliation trends in a fast moving world.

According to the report, BEPS may well be the most important development for structuring in the alternative fund industry in a generation, with many fund managers considering their domiciliation options more closely now, in part because of the growing costs and regulatory requirements of being in certain Caribbean jurisdictions.

The full white paper can be found here.

Industry News
Thursday
17
December 2020

Alternative managers put faith in Jersey to support post-Brexit fund distribution

New private placement figures continue to point towards Jersey playing an increasing role in enabling alternative fund managers to access EU investor capital post-Brexit...

With the end of the transition phase looming, new figures continue to point towards Jersey playing an increasing role in enabling alternative fund managers to access EU investor capital post-Brexit.

According to recent data from the Jersey Financial Services Commission (JFSC), the number of managers choosing to market their funds into the EU through Jersey using national private placement regimes (NPPR) is continuing to rise.

As at 30 June 2020, there were 192 Jersey-registered alternative managers marketing their funds into the EU through private placement – a 5% rise on the figure from six months prior and 12% compared to June 2019.

In addition, the number of Jersey-registered funds marketing into the EU through NPPR also increased to stand at 333, representing a 4% rise since December 2019 and 7% annually.

Commenting on the figures, Joe Moynihan, CEO, Jersey Finance, said:

“With Brexit deal negotiations finely poised, the likelihood is that there will continue to be uncertainty for some time around the way non-EU funds, including UK funds, can be marketed to EU investors. The fact remains that private placement provides a tried-and-tested, flexible and cost-effective solution for third country private equity, infrastructure and other alternative managers to continue to target EU investors in light of Brexit.

“These figures are evidence of a sustained trend stretching back some years now of managers putting their faith in Jersey’s platform and in particular the private placement route to market, and we expect to see further growth in this area as managers implement post-Brexit strategies.”

Tim Morgan, Chair, Jersey Funds Association, added:

“This is a critical moment for managers as they explore models and structures that are future-proofed against the backdrop of Brexit, and the clear evidence is that private placement through Jersey, backed-up by the jurisdiction’s expertise, framework, and oversight, remains a vital and increasingly popular solution amongst alternative managers, that can guarantee ongoing seamless market access.”

According to the latest quarterly figures, Jersey currently administers £361bn of fund assets, as at June 2020.

JFA News
Friday
07
August 2020

Jersey Funds Association looks to the future with new committee

The Jersey Funds Association has elected its new committee for the coming year as it looks to maintain momentum and continue to champion Jersey as the perfect ecosystem for alternative funds.

The Jersey Funds Association (JFA) has elected its new committee for the coming year as it looks to maintain momentum and continue to champion Jersey as the perfect ecosystem for alternative funds.

Elected at the JFA’s recent Annual General Meeting (17 July), the committee retains some continuity whilst also introducing a number of new faces. Tim Morgan remains Chairman and Michael Johnson Vice Chairman, whilst the remainder of the committee now also includes Richard Anthony, Mike Byrne, Steve Cartwright, Ben Dixon, Mark Grenyer, Ben Honeywood, Niamh Lalor, Dilmun Leach, Chris Marshall, Robert Milner, Simon Page, Martin Paul, Tom Powell, Peter Rioda, Ben Robins, Martin Rowley and Sarah Sandiford.

At the AGM, Chairman Tim Morgan also delivered an annual report identifying the key challenges and opportunities for the industry:

 “Jersey's funds industry operates in a fast evolving environment, with the ongoing economic and social implications of the coronavirus pandemic needing to being absorbed by a market that was already seeking to plan for and adjust to the political uncertainties relating to the UK's ongoing Brexit process.

“The pandemic is already proving to affect asset classes and sectors in very different ways, but for Jersey the essential positive message remains that we offer a platform of stability in a rapidly changing market which is borne out through very high levels of activity through the recent period covering the pandemic. This is a message that the new-look JFA committee will continue to champion over the coming year.”

Meanwhile, pointing to specific areas where the JFA had identified opportunities for Jersey, Tim commented:

“A trend away from widely-held blind pool structures and towards more narrowly-held joint venture and co-investment vehicles appears to be continuing, particularly in the private equity, real estate and adjacent sectors. The Jersey Private Fund regime continues to provide a popular, cost-effective and strong solution in this space.

“In addition, the trend of inward migration by substance managers, particularly in the hedge fund but also more recently in the private equity and venture capital space, continues and Jersey is an increasingly important hub for managers with a substantive local presence.

“Meanwhile, as the market develops further through the process of Brexit and as EU regulation continues to build, we anticipate increasing opportunities in Jersey for a wide variety of asset classes, transaction structures and investor bases.”

Acknowledging the work and achievements of outgoing committee members, Tim concluded by thanking all those supporting the work of the JFA:

“I’m really grateful for the efforts of the committee over the past twelve months. We have achieved a lot. I’m also pleased to welcome some new faces to help drive forward our plans for the coming year across our legal and technical, education and training and communications remit. In particular, I’m delighted that Tom Powell will be leading a new group for us to coordinate a strategy around ESG, an area that is now a fundamental part of our overall proposition as a jurisdiction.”

Industry News
Thursday
24
October 2019

Blog: Why managers can rely on Jersey through Brexit

With much uncertainty persisting around the UK’s departure from the EU, Dilmun Leach, partner at JFA member firm Collas Crill, takes a look at why Jersey’s ability to offer continuity and certainty should be music to the ears of non-EU fund managers…

With much uncertainty persisting around the UK’s departure from the EU, Dilmun Leach, partner at JFA member firm Collas Crill, takes a look at why Jersey’s ability to offer continuity and certainty should be music to the ears of non-EU fund managers…

Q: Jersey is outside of the EU – so how is it affected by Brexit?
DL: Jersey is not a member state (or associate member) of the EU and not part of the UK. Jersey has its own government which is elected locally, makes its own laws (including in respect of taxation) and has its own court system.

As far as its relationship with the EU is concerned, Jersey is currently part of the EU Customs Union by virtue of ‘Protocol 3’. When the UK joined the EU (the European Economic Community as it was then) in 1973, it was agreed that Jersey would benefit from the UK's membership of the EU by bringing it, along with the other Crown Dependencies, within the EU Customs Union for the purposes of trade in certain goods (but not services), whilst preserving its autonomy.  This agreement was set out in Protocol 3.  

The Protocol 3 relationship is dependent on the UK remaining a member of the EU and will cease to exist, simultaneously with all other treaty arrangements between the UK and the EU, once the UK's membership of the EU ceases.

Q: Without Protocol 3, how will Jersey trade with the EU?
DL: Jersey is able to market financial services to the EU because those services currently meet the requirements imposed by the EU – that will not change because of Brexit.  Services have always been outside the scope of Protocol 3.

Jersey has also taken steps to ensure continued market access for Jersey investment funds into the UK post-Brexit. Jersey’s financial services regulator, the Jersey Financial Services Commission, has signed a Memorandum of Understanding (MoU) with the UK’s Financial Conduct Authority which ensures Jersey firms can continue to use the UK’s National Private Placement Regime (NPPR) after Brexit.

That MoU will come into effect if EU law no longer applies in the UK, either through a ‘no deal’ Brexit or at the end of any transitional arrangements (that are agreed as part of a negotiated deal) once the UK leaves the EU.

Q: Will anything change for fund managers with Jersey funds and investors in the EU/UK?
DL: In short, no. It is expected to be 'business as usual' for Jersey funds.

As far as the UK is concerned, the MoU signed with the FCA, outlined above, provides certainty that access by Jersey funds and managers to UK investors will continue uninterrupted and irrespective of any Brexit outcome.

In terms of the EU, Jersey is not and has never been part of the EU. Rather, as a third country, Jersey will maintain access to the EU funds markets as a result of agreements between the Jersey Financial Services Commission (JFSC) and financial regulators in 27 of the 31 EEA States.

Q: Will the ‘NPPR’ route to market continue to operate through Brexit?
DL: Jersey funds are currently eligible to be marketed into the EU and EEA in accordance with the provisions of the AIFMD through NPPR, and that will not change.

In fact, NPPR is set to continue to operate for the foreseeable future, with a report undertaken by KPMG for the EU Commission at the end of last year confirming that NPPR is of added value to the EU, works in the interest of investors, and should remain in place. Certainly it’s a route to market that is proven to work well through Jersey – currently, more than 170 managers are marketing in excess of 300 funds into the EU through Jersey in this way.

NPPR permits the marketing of non-EEA alternative investment funds in the EEA, subject to national law and regulation in force in the relevant country.  In addition, certain conditions set out in the AIFMD must be met.  Those conditions include the need for supervisory cooperation agreements to be entered into between the JFSC and regulators in the relevant EEA countries in which the marketing is to take place.  Jersey benefits from cooperation agreements with regulators in 27 out of the 31 EEA countries.

Q: What about passporting?
DL: AIFMD made provision for "third countries" to be granted the same passporting rights as EU member states, subject to certain conditions being met. ESMA published its assessment of potential "first wave" third countries and, along with Guernsey and Switzerland, found that were no significant obstacles to Jersey becoming a third country jurisdiction.

The EU Commission has not yet pressed ahead with the implementation of the third country passporting regime, but the indications are that if and when the regime is put in place Jersey will be amongst the first non-EU countries to be granted passporting rights.  Until then, and potentially beyond it too, NPPR through Jersey will remain a key route to the EU market for non-EU managers.

As far as the ‘rest of the world’ is concerned, AIFMD is not relevant to Jersey funds with a Jersey manager which markets outside the EU/EEA, and these will continue to be subject to the laws of the countries in which the fund is marketed.  

Q: So is Brexit a good thing for Jersey?
DL: It is generally thought that actually Brexit presents opportunities for Jersey in the funds space. Jersey's NPPR remains best in class for accessing EU investors and there may be additional opportunities for Jersey (rather than our EU competitors, such as Luxembourg) to provide structures via which UK investors can invest in UK assets.

In addition, managers in the UK, US and elsewhere may be able to launch funds in a shorter time-frame and with lighter ongoing regulatory requirements than in an EU member state such a Luxembourg.  

On 12 March 2019, the European Council of Finance Ministers confirmed Jersey's status as a transparent and cooperative jurisdiction, and that Jersey's legal substance requirements are considered compliant with EU requirements.  The effect of this is that the European Investment Fund (EIF), being a specialist provider of risk finance for small and medium-sized enterprises across Europe, backed by the European Investment Bank, EU, and a range of public and private banks and finance institutions, confirmed that there is no impediment to the EIF investing in Jersey private equity or venture capital funds, meaning that Jersey funds continue to be open to billions of Euros of potential investments.

Real-life case studies compiled by the JFA to illustrate how NPPR is proving effective in accessing EU investor capital can be found
here.

JFA News
Tuesday
12
March 2019

MoU with FCA will give managers added certainty and confidence

A new Memorandum of Understanding (MoU) signed between Jersey’s financial regulator the Jersey Financial Services Commission (JFSC) and the UK’s Financial Conduct Authority (FCA) should give fund managers added certainty around accessing UK investor capital through Jersey.

A new Memorandum of Understanding (MoU) signed between Jersey’s financial regulator the Jersey Financial Services Commission (JFSC) and the UK’s Financial Conduct Authority (FCA) should give fund managers added certainty around accessing UK investor capital through Jersey in the lead up to Brexit, according to Jersey Finance and the Jersey Funds Association (JFA).

The MoU, signed this week (Monday 11th March) allows funds domiciled in Jersey to continue to be marketed to UK investors through private placement unimpeded, should EU law cease to apply in the UK in the event of a ‘no deal’ Brexit or at the end of any transitional period.

Commenting on the MoU, Jersey Finance CEO, Joe Moynihan, said: “This MoU is a precautionary measure and should give managers using Jersey for their fund structuring added confidence that access into the significant UK investor market will continue uninterrupted and irrespective of how Brexit unfolds. It’s a reflection of the efforts Jersey puts in to working with key stakeholders in the UK to support international investment.”

Mike Byrne, Chairman of the Jersey Funds Association added:

“With the UK being such a vital market for Jersey, this is an important measure that underlines Jersey’s commitment to supporting managers looking to market into the UK. At the same time, of course, we are also successfully supporting a growing number of managers marketing funds into the EU, and it is this flexibility and certainty that is helping to future-proof our industry and drive growth across the alternative asset classes, as recent statistics show.”

The full announcement from the Jersey Financial Services Commission can be found here.

Industry News
Monday
04
March 2019

Deal or No Deal: No Problem

Recent political manoeuvring in Westminster has done little to resolve the feeling of uncertainty amongst private equity, real estate, infrastructure and other alternative fund managers around the long-term solution to capital raising within the EU.

Recent political manoeuvring in Westminster has done little to resolve the feeling of uncertainty amongst private equity, real estate, infrastructure and other alternative fund managers around the long-term solution to capital raising within the EU.

It won’t be until mid-March now – just weeks before the UK’s expected departure from the UK – that we will have a better idea as to whether the UK is looking at a cliff-edge no deal exit, whether a new deal will be given the green light, or whether the agony will be prolonged by extending Article 50.

Yes, there may be transitional measures in place for fund managers between the UK and European regulators for now, but it’s hardly a satisfactory long-term answer for UK managers looking to access EU investor capital. And with 90% of alternative managers in Europe being in either the UK or Switzerland, that’s a lot of non-EU managers looking for a better solution.

The good news is Jersey continues to play a vital role in supporting managers looking to market vehicles in all or parts of continental Europe, regardless of the outcome of Brexit – deal, no deal or deadline extension.

We’re continuing to see private placement as a very viable and attractive option for managers, with figures announced recently indicating that the number of AIFs marketing into the EU this way through Jersey grew by 8% over 2018, whilst the number of managers doing so rose by 13%. That’s a real demonstration of faith in Jersey’s model.

You can see how private placement is being used in practice here - across all asset classes and fund sizes.

There’s good reason for this confidence. Jersey is already a third country in relation to the EU, with all relevant agreements in place to support private placement across Europe. That means Jersey can continue to operate seamlessly irrespective of the outcome of Brexit.

Doing so is also more targeted – EU figures show that only 3% of managers in Europe actually blanket market to more than three EU countries. In 97% of cases, it makes much more sense to opt for a private placement solution.

In addition, the set-up process for managers is a lot quicker than onshore solutions and a lot more efficient and cost-effective, whether that’s relocating fully or partially to Jersey through, for instance, a Jersey ManCo structure.

There’s long-term security for managers too - changes to the private placement regime are unlikely, but if they do happen, private placement will still be in place for three years from that date, by which time Jersey will have access to the AIFMD passport in any case.

It’s a pretty compelling proposition for UK, and other non-EU managers, looking to market into the EU, and the industry agrees – according to current figures, the value of funds administered in Jersey broke through the £300bn mark in 2018 to reach the highest ever level – any perceived uncertainty around Brexit certainly hasn’t hampered the growth of Jersey’s funds sector.

The message is clear – whatever happens at the end of March, Jersey is ready to play a key role in enabling managers to continue to market their funds to and generate returns for EU investors. No problem.

#JerseyForFunds

JFA News
Wednesday
20
February 2019

Alternative Managers Continue to Find Market Access Certainty Through Private Placement

Jersey’s funds industry continued to see a rise in the number of alternative fund managers choosing to market their funds through national private placement regimes (NPPR) in the second half of 2018, according to the latest figures from Jersey’s financial regulator.

Jersey’s funds industry continued to see a rise in the number of alternative fund managers choosing to market their funds through national private placement regimes (NPPR) in the second half of 2018, according to the latest figures from Jersey’s financial regulator.

Data from the Jersey Financial Services Commission (JFSC) shows that the number of Jersey-registered managers opting to market into the EU through NPPR rose 4% between July and December 2018, and by 13% compared to December 2017, to stand at 168.

Meanwhile, the total number of Jersey alternative funds being marketed into the EU through NPPR also increased to stand at 314, representing a 3% increase since June 2018 and an 8% rise year-on-year.

Joe Moynihan, CEO Jersey Finance


Commenting on the figures, Joe Moynihan said:

“We are now just weeks away from the UK’s departure from the EU and the clear evidence is that alternative managers are putting their faith in Jersey and opting for a regime that offers them market access certainty and a welcome degree of flexibility, thereby enabling them to get on with generating returns for investors.

“These are strong figures for the second half of 2018 that sustain a growth trajectory we have been seeing for some time now as we continue to work with the UK and other non-EU managers to provide them with future certainty.”

Meanwhile, the latest figures follow a masterclass event recently held in London by Jersey Finance in conjunction with the Jersey Funds Association, which focussed on market access and fund distribution post-Brexit.

Attended by around 100 London funds professionals, including lawyers, tax advisers and managers from across the alternatives spectrum, the event featured an expert panel that included Adam Skinner, Partner at Kirkland & Ellis International, Tom Powell, Principal at Alnitak Advisors, Andrew Brizzell, General Counsel at Asante Partners, Robert Milner, Partner at Carey Olsen, and Mike Jones, Director of Policy at the Jersey Financial Services Commission.

Elliot Refson, Business Development Director - Funds at Jersey Finance


Elliot Refson, who hosted the masterclass, said:

“This event provided a fantastic platform to have a robust discussion about the future of fund distribution and take an in-depth look at the benefits of the private placement route to market.

“The reality is that few managers need blanket access to all EU Member States. In cases where they do, then an onshore option works best, but with EU figures* suggesting that 97% of managers actually market to three EU markets or less, then private placement offers a very credible, fast, cost-effective and sensible option. That’s our message to the alternative fund management community and it is clearly resonating.”

#JerseyForFunds

JFA News
Monday
28
January 2019

Supporting private equity fund managers with their EU distribution through Brexit

Elliot Refson, Business Development Director, Funds at Jersey Finance, and committee member at the Jersey Funds Association, recently spoke to PFM about how Jersey is supporting private equity fund managers with their EU distribution through Brexit.

Elliot Refson, Business Development Director, Funds at Jersey Finance, and committee member at the Jersey Funds Association, recently spoke to PFM about how Jersey is supporting private equity fund managers with their EU distribution through Brexit.

JFA News
Friday
21
December 2018

A Positive Outlook for 2019

With the 100-day countdown to Brexit now firmly on, Jersey is finishing 2018 on a real high and there’s every reason to look to 2019 with confidence.

With the 100-day countdown to Brexit now firmly on, Jersey is finishing 2018 on a real high and there’s every reason to look to 2019 with confidence.
To finish the year with the most recent figures showing that our funds business is at an all-time high, breaking through the £300bn barrier in Q3, is a fantastic achievement. Just as impressive is the performance of the individual asset classes - private equity has grown by 41% year-on-year, hedge by 18%, real estate by 11%, and infrastructure/credit/debt funds by 26%.

In fact, in recent times, we’ve seen some of the largest funds ever raised in Jersey – Softbank’s Vision Fund, CVC Fund 7, and Nordic 9 to name just a few – whilst Man Group, the world’s largest listed asset management firm, opted to establish a presence here.

It’s a challenging environment but the clear evidence is that fund managers in the UK, Europe and markets further afield are putting their faith in Jersey. And they have every reason to do so - as I look back over the past twelve months, I think we can be proud of what we’ve achieved as an industry.

In particular, we’ve seen Jersey assert its position as a centre that can offer seamless market access – and that’s absolutely key in light of Brexit and global protectionist policies more widely. With the likelihood of the UK crashing out of the EU without a deal still hanging in the balance, managers are quite rightly looking to mitigate the impact on their fund structures. Jersey has proved to be a popular choice of jurisdiction for UK managers, offering cost-effectiveness and flexibility through private placement.

Mid-year figures showed that the number of Jersey managers marketing into the EU through private placement rose 23% year-on-year whilst the number of funds being marketed into the EU this way increased by 11% over the same time frame. The expectation is that these figures will continue to rise around Brexit as managers look for certainty and stability.

With that in mind, I was really pleased that the JFA was able to bring to life just how well private placement is working by collating a series of real life case studies this year - it’s proving to be a valuable piece of work.

We’ve also successfully managed to deliver innovations to the market – the Jersey Private Fund, only launched in 2017, has come to the fore as the go-to product for small groups of sophisticated investors. Speed to market has become crucial for managers and the JPF has been able to meet those demands, offering impressively fast regulatory approval - as at June this year, 130 JPFs had been established holding combined total assets under management of almost £20bn. The rate of establishment is so fast, the 200 mark should be passed fairly quickly in 2019.

Whilst the JPF has proven to be an attractive vehicle in itself in 2018, Jersey also made applications for the JPF online only this year, making the process even quicker. It really is revolutionary and a real statement of Jersey’s intent in the digital space as we look to ‘go paperless’ in the years ahead.

We’ve also worked hard this year to make Jersey’s commitment to high standards of governance and substance absolutely clear. In particular, we worked together with Jersey Finance to produce a factsheet outlining our position on the OECD’s BEPS project – the overriding message is that the action points outlined under BEPS have not altered Jersey’s position as a leading, forward-thinking centre for the domiciliation, management and servicing of funds.

It’s actually a year ago this month that Jersey became only the third jurisdiction in the world to ratify BEPS into domestic law, putting Jersey in a better place to respond to it than many other jurisdictions. And fittingly, this December Jersey approved economic substance legislation, further underlining our position as a responsible, high quality jurisdiction.

So what can we expect looking forward to the coming twelve months?

First of all, the high-level trends are right on Jersey’s sweet spot, with global allocation to alternatives continuing to increase. That’s good news right across the private equity, hedge, private debt, real estate and infrastructure asset classes, and there’s a real opportunity for Jersey to provide a home to a growing number of managers, as well as funds, as they look for a stable location to operate from. In 2018, Man Group chose

We’ll see greater global opportunity – UK managers will continue to be a core market for Jersey, but we also have a real opportunity to support managers elsewhere with fund distribution. The Monterey Insight Jersey Fund Report 2018 suggests an increasingly global picture for Jersey’s funds sector already, with the number of Jersey funds with US promoters growing 165% over the past five years. I expect this trend to continue into 2019.

Innovation will remain key – speed to market, flexibility and cost-efficiency will remain vital, and we are in a strong position to satisfy those needs through our ongoing work to deliver both the right products to the market and a digital infrastructure that appeals to managers and investors.

But just as there is opportunity, there is plenty of competition too. In 2019 more than ever, we need to continue to bring the Jersey proposition to life and develop clear and compelling messages.

I strongly believe we have the very best ecosystem for a funds industry – not only does that include having a first-class physical, digital, regulatory and legislative infrastructure in place, it also means having the best people too. Time and again, we hear that service quality is what matters when it comes to jurisdictional selection. Our people are at the very heart of delivering that and will be what continues to set us apart in the year ahead.

JFA News
Monday
17
September 2018

Prospect of instant online approval to boost JPF appeal

Enhancements made last month to the Jersey Private Funds (JPF) regime, making it possible to submit applications online, will significantly speed up the authorisation process and revolutionise Jersey’s funds sector, according to the head of the Jersey Funds Association.

Enhancements made last month to the Jersey Private Funds (JPF) regime, making it possible to submit applications online, will significantly speed up the authorisation process and revolutionise Jersey’s funds sector, according to the head of the Jersey Funds Association.

Last month (2nd August 2018), the Jersey Financial Services Commission (JFSC) launched a dedicated online application tool for JPFs, Jersey’s fast-track fund product designed to cater for limited numbers of professional and institutional investors.

The new tool is autonomous, offering suitable applicants the potential for instant approval. Under JPF rules, applications will be made by Jersey-based authorised service providers, who will have an account to use the online tool.

The tool forms part of the JFSC’s e-enablement strategy, with the JFSC also announcing last month (14th August 2018) that all JPF applications made from 1st September onwards would need to be online and that submissions in paper format will no longer be accepted. A number of minor amendments to the JPF Guide were also announced last month to clarify this.

The JFSC is anticipating that all applications and notifications will be paper-free by early 2019.

Commenting on the developments, Mike Byrne commented:

“The JPF has already proven to be a hugely popular fund structure amongst professional and institutional investors, with around 130 having been established in just over a year since its launch, a number being used to target EU investors. The ability to make applications online will undoubtedly make it even more attractive for managers, speeding up authorisation turnaround times significantly and making the whole process more efficient.

“It really is revolutionary for Jersey’s funds industry, particularly in the current market where managers frequently need to bring their funds to market quickly and, ahead of Brexit, are looking for centres than can guarantee them rapid, efficient support. This tool also lays the foundation for future online capabilities right across the funds sector, emphasising Jersey’s focus on innovation and underlining its ambitions in the fintech space.”

As at 30 June 2018, the JFSC had granted authorisation to 128 JPFs, an increase of 190% since August 2017.

JFA News
Thursday
26
July 2018

Jersey’s private placement regime continues to find favour amongst alternative managers

The number of alternative fund managers choosing to future-proof their EU-focused funds through Jersey continued to grow in the first six months of 2018, according to the latest figures from Jersey’s financial regulator.

The number of alternative fund managers choosing to future-proof their EU-focused funds through Jersey continued to grow in the first six months of 2018, according to the latest figures from Jersey’s financial regulator.

Data from the Jersey Financial Services Commission (JFSC) for the period ending 30 June 2018 shows that the number of Jersey-registered managers opting to market into EU Member States through national private placement regimes (NPPR) under the Alternative Investment Fund Managers Directive (AIFMD) rose 8% between January and June 2018 and 23% year-on-year to stand at 161.

Meanwhile, the total number of Jersey alternative investment funds being marketed into the EU through NPPR also increased to stand at 306, representing a 5% increase on the December 2017 figure and an 11% rise since June 2017.

Commenting on the figures, Geoff Cook, CEO, Jersey Finance, said:

“Brexit ‘deadline day’ is now less than a year away and it’s looking increasingly like EU market access will prove to be a key challenge for UK fund managers. Our message is clear – Jersey is ready to play a supportive role in enabling non-EU, including UK, managers to continue to market their funds to EU investors through our tried-and-tested private placement regime.

“These are strong figures for the first half of 2018 and a vote of confidence in Jersey as a future-proof jurisdiction from the alternative management community. We fully anticipate this figure will continue to rise as we approach Brexit.”

Meanwhile, the JFSC has also reported that, as at 30 June 2018, they had granted authorisation to 128 Jersey Private Funds (JPF), a fast-track regime that was launched in April 2017 to cater for limited numbers of professional and institutional investors. This figure represents an increase of 190% since August 2017, with the 100th JPF having been registered in March this year.

Mike Byrne, Chairman, Jersey Funds Association, added:

“The overall indications are that Jersey is continuing to find favour right across the alternatives spectrum, spanning private equity, real estate, hedge, debt and infrastructure. Alternative funds business in Jersey grew 18% over 2017, and we absolutely see this dynamic continuing through 2018.

“The impressive growth in our Jersey Private Fund product in particular is evidence of the jurisdiction’s innovative approach to supporting institutional investors, with the structure often being used for EU-focused funds.