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Jersey Overview

Jersey is a leading international finance centre less than an
hour’s flight from central London.  Its rapidly growing
digital sector positions Jersey as an ideal jurisdiction for
investors, start-ups and established businesses working in Fintech
and related disciplines. As a hub for traditional financial
services for many years, the Island’s regulatory, legal and
financial frameworks are well established and well respected across
the globe without compromising the jurisdiction’s agility.

Support for the sector from local government, regulators and
professional bodies is active and increasing which, along with
Jersey’s strong reputation as a traditional finance centre, has
drawn in major players in the sector. Softbank’s Vision Fund
– the world’s largest tech fund valued at £100
billion – and Global Advisors’ Coinshare Fund I –
the world’s first regulated crypto denominated fund –
both choose to operate out of Jersey. Binance, the world’s
largest cryptocurrency exchange, operates a GBP and EUR crypto to
fiat exchange in Jersey.

Jersey is also the base for a number of global RegTech
solutions, including Atam ID and RiskScreen, and payment platforms
including Bank Clarity and Escaroo.  In addition, many
top-tier token offerings launched from Jersey, including the widely
traded stablecoin ARC Reserve Currency.

Technology and Innovation

1. Who is responsible for regulating Fintech companies?

The primary regulator for financial services on the Island is
the Jersey Financial Services Commission (JFSC) which is well
established, highly functional and well-tuned to industry
needs.

However, the key regulatory point in Jersey is that other than
in respect of token offerings (including coins, security tokens and
utility tokens), where specific guidance has been issued, Fintech
companies, virtual asset service providers and their investors will
only fall within the specific remit of the regulator where their
activities fall within the scope of traditional financial services
regulation, notwithstanding the assets in question are 
virtual ones.

By not enacting specific legislation to deal with virtual assets
and virtual asset service providers, the JFSC is able to adapt
quickly to the changing market and lean on decades of knowledge and
experience while remaining flexible.  This can be seen in the
practical and forward thinking approach they have taken to the
sector so far when considering (and approving) applications for
crypto-denominated funds, security token and other token offerings
and crypto-exchanges.

2. Are there any “sandbox” or other regulatory neutral
zones?

As Fintech companies and virtual assets service providers are
only regulated to the extent their activities fall within the
traditional financial services regulatory framework, there are some
areas of Fintech which are not regulated at all.

While each product or platform must be assessed individually,
generally speaking, the key areas where Fintech and virtual asset
business activities and will overlap with traditional financial
services and fall within the ambit of regulation are in relation to
funds, investment business, custody services, payment systems and
crypto-to-fiat currency exchanges.

This does not mean that anyone operating in these areas will be
subject to onerous regulatory requirements and for many start-ups a
sandbox will be available or the regulatory regime that applies
will be relatively light touch.

At present, regulatory sandboxes are available in relation
to:

  • crypto-to-fiat exchanges where their
    turnover is less than GBP150,000 per year.
  • payment systems where their turnover
    is less than GBP300,000.
  • the wire transfer regulations (which
    require that those providing money transfer services retain and
    transfer certain information about relevant transferors and/or
    transferees for the purpose of preventing money laundering and the
    funding of terrorism) which will generally not apply to the
    majority of transactions of less than EUR1,000 or those that are
    funded using a credit or debit card.

While not a regulatory sandbox in the strictest sense, the JFSC
run an initiative called “Sandbox Jersey” where, in their
role as regulator, they offer direct support and guidance to those
looking to establish Fintech businesses or bring Fintech products
to the Island.

3. Is there a Digital “incubator” or hub?

There are a number of digital hubs across the Island to
encourage growth in this sector. These include two hubs established
by Digital Jersey (one of the Island’s economic development
agencies and the industry association for technology and
innovation) and a branch of the popular Barclays incubator, Eagle
Labs.

4. Are there any barriers to entry for foreign technology
companies?

There are no significant barriers to entry for those who wish to
establish corporate vehicles in Jersey without any physical
presence in the jurisdiction. However in line with most
well-regulated offshore jurisdictions around the globe, Jersey,
along with its fellow Crown Dependencies of Guernsey and Isle of
Man, has introduced robust economic substance requirements. Firms
carrying on certain activities in scope (including financing &
leasing, IP holding, funds services or holding company business)
will need to demonstrate sufficient local presence to comply, but
the appropriate local guidance, firms should not view them as a
barrier to entry. Those seeking to carry on business within the
local market must apply for a local business licence issued by the
Population Office and comply with certain restrictions in relation
to the employment and housing of staff. For further information,
see section G below.

5. Have traditional institutions embraced new technologies?

To date, there has been no significant displacement of
traditional financial service providers in Jersey. Nonetheless,
there are currently over 400 digital and creative businesses in
Jersey and over 3000 digital and technology professionals. As one
of the largest international business and financial centres, it is
expected that this will be an area of significant growth in the
coming years, with recent drives from local government and industry
bodies for local entities to embrace Fintech solutions. In order to
stay competitive, it is anticipated that traditional service
providers will look at new innovations driven by technology-focused
new entrants to the market.

The above notwithstanding:

  •  Binance Jersey provides secure
    and reliable cryptocurrency trading in Euro and GBP.
  • Jersey was home to the world’s
    first regulated bitcoin fund, Coinshares Fund 1, launched by Global
    Advisors.
  • Atam Holdings, a Fintech company
    based in Jersey, developed the world’s first unmanned smart
    issuance kiosk which allows the real time issuance of credit,
    debit, prepaid and ID cards from a stand-alone kiosk in full
    compliance with relevant KYC and AML requirements.
  • Jersey has been the base for a number
    of successful token offerings, including under the new regulatory
    regime introduced in July 2018.
  • Escaroo launched the first keyless
    blockchain based escrow and smart contract payment system.
  • Coinshares have launched the first
    regulated BTC hedge fund, the first exchange traded BTC and ETH
    products and the first private fund denominated in ETH.
  • Bank Clarity offers a leading modular
    wealth management and payments solution for banking, booking
    Straight Through Processing (STP), KYC and fraud prevention.

6. What forms of legal entity are available for technology
companies?

As a mature and flexible jurisdiction, the full range of modern
corporate vehicles is available for use and can be tailored to suit
almost any requirements. As there are no specific requirements,
structures or vehicles imposed on Fintech businesses, the
considerations that affect the choice of legal entity are no
different from any other business and will depend on individual
circumstances and preferences.

Most trading businesses in Jersey (as opposed to funds or other
investment vehicles) take the form of limited companies which will
be suitable for the vast majority of Fintech businesses on the
Island. The Jersey Registrar of Companies provides a secure and
stable supervisory environment whilst also reflecting the generally
more permissive approach of Jersey company law when compared with
similar jurisdictions.

Traditional partnerships, limited partnerships and LLPs are also
available as potential vehicles and are most commonly seen in a
fund or investment vehicle context.

The above notwithstanding, any entity issuing tokens must be a
Jersey limited company and no other vehicle (please see Section B
below in relation to Virtual Assets).

7. What AML requirements apply to businesses in Jersey?

Anti-money laundering legislation in Jersey is based on the
recommendations promulgated by the Financial Action Task
Force.  Jersey is presently consulting on the implementation
of its latest recommendations, as set out in the Guidance for a
Risk-Based Approach to Virtual Assets and Virtual Asset Service
Providers including the ‘Travel Rule’ which would place
disclosure requirements on virtual asset service providers.

The Proceeds of Crime (Jersey) Law 1999 sets out the principal
money laundering offences that apply to corporate entities and
individuals in Jersey. In addition, those who carry out regulated
financial services business or similar unregulated activities (such
as lending) are further subject to the Proceeds of Crime
(Supervisory Bodies) (Jersey) Law 2008 and Money Laundering
(Jersey) Order 2008, which prescribe certain identification, record
keeping and internal control procedures for such businesses as set
out in the AML/CFT Handbooks published by the JFSC.

In certain circumstances, it will be necessary for an otherwise
unregulated technology business providing certain “high
risk” services (e.g. lending or high value transactions) to
register with the JFSC and put in place suitable policies and
procedures to comply with the practical requirements of the AML/CFT
Handbooks.

The AML/CFT Handbook expressly permits digital verification of
identities and the receipt of electronic copies of documents
instead of traditional “wet ink” paper-based processes
but this approach has not yet been widely adopted by local
businesses.

8. Are electronic signatures valid?

The use of electronic signatures is widely accepted in
Jersey.  Indeed the Electronic Communications (Jersey) Law
2000 was amended in 2019 to clarify the law and further encouraged
the formation of contracts by electronic means by providing that
contracts may be so formed ‘unless the parties have otherwise
agreed’ and widened its use with respect to certain public
bodies. It remains advisable to agree, in advance, arrangements for
signing contracts with commercial counterparties.

In light of the disruption caused by the global COVID-19
pandemic, the Government of Jersey and financial and legal services
professions are responding to the increased dependence in
electronic signatures and remote witnessing to ensure all scenarios
are expressly catered for and the jurisdiction makes use of these
technologies as widely and consistently as possible.

9. How is personal data protected? 

Jersey has always put a great emphasis on complying with
international standards on data protection and, despite not being a
member of the EU, the Island’s local legislation has closely
mirrored the requirements of relevant EU law. In 2008, the EU
assessed Jersey data protection laws as sufficient to protect
personal data such that personal data can flow from the EU (and
Norway, Liechtenstein and Iceland) to Jersey without any further
safeguard being necessary.

Jersey also implemented legislation in 2018 in order to mirror
the additional requirements of the General Data Protection
Regulation (Regulation (EU) 2016/679) (GDPR) and ensure the
continued free flow of information from the EU without
restriction.

Virtual Assets

1. How are virtual assets regulated?

There is not a specific regulatory framework for virtual assets
other than in respect of token offerings ( including coins,
security tokens and utility tokens), where specific guidance has
been issued.  As such, outside of token offerings the
activities of virtual asset service providers will only be
regulated where their activities can be classified as traditional
financial services business and fall within the scope of
Jersey’s existing financial services regulation..  While
each asset or related service must be assessed individually,
virtual asset business activities will typically fall within the
ambit of existing regulation where they involve funds, investment
business, custody services, payment systems or crypto-to-fiat
currency exchange.

In relation to a token, a key consideration is whether by its
nature it constitutes a ‘security’ for the purposes of
Jersey law, as activities involving issuing or dealing in
securities fall within the ambit of existing Jersey regulation. The
JFSC’s guidance identifies the existence of further commitments
from the issuer to pay a return or to redeem the asset in future as
being among the key characteristics of a ‘security’.

Token Offerings

Token offerings in Jersey are regulated by the JFSC under the
Control of Borrowing (Jersey) Order 1958, pursuant to which JFSC
consent is required for the incorporation of any Jersey
company.

When granting consent, the JFSC may impose such conditions as it
sees fit and in July 2018 issued a guidance note setting out the
requirements for the consent to be granted and the conditions it is
likely to impose. The requirements and conditions reflect the high
calibre of issuer that the Island intends to attract and include
conditions that the issuer must:

  • take the form of a Jersey company
    with its registered office provided by a regulated Jersey trust and
    corporate services provider (TCSP);
  • prepare and submit to the JFSC an
    Information Memorandum (which may be in the form of a white paper)
    which complies with the same legal requirements as are imposed on a
    prospectus issued by a company issuing securities (the information
    requirements are not erroneous and include the usual requirements
    that prudent investors would expect);
  • ensure that any marketing material
    (including the Information Memorandum) is clear, fair and not
    misleading;
  • apply relevant AML/CFT requirements
    to persons that either purchase tokens from, or sell tokens back
    to, the issuer;
  • maintain and adopt systems, controls,
    policies and procedures for customer take-on, redemption, profiling
    and transaction monitoring at enhanced levels ensuring internal
    external reporting of suspicions of money laundering and financing
    of terrorism;
  • appoint and maintain a TCSP;
  • appoint and maintain a Jersey
    resident director who is a natural person and provided by the
    TCSP;
  • have procedures in place to mitigate
    and manage the risks of retail investors investing inappropriately
    in the token offering and ensuing any retail investors understand
    the risks of involved; and
  • submit audited annual accounts to the
    JFSC.

Each application for consent must be accompanied by an analysis
prepared by the issuer’s legal advisors outlining specific
details including the proposed activities of the issuer and
relevant timelines, the rationale for the ICO and the intended use
of its proceeds, a summary of the features of the token to be
issued and a complete Jersey regulatory and legal analysis under
all financial services and AML/CFT legislation.

As indicated above, the issued guidance distinguishes between
security tokens, which share characteristics usually associated
with debt or equity securities, and non-security tokens (including
utility tokens) and suggests that the JFSC may be prepared to relax
certain conditions in relation to non-security tokens. This is not
certain but is backed up by the approach taken by the JFSC to date
which has demonstrated a willingness to be flexible where
possible.

Tokenised Funds

See Section D.

Crypto-Exchanges

  • Crypto-to-fiat exchanges are subject
    to the same regulatory treatment as those undertaking financial
    services business. Where a crypto exchange permits trading in
    security tokens, this may constitute regulated investment business,
    in which case a full regulatory application would be required and
    the business will be subject to the usual range of capital
    maintenance and other regulatory requirements.

Custody Services

  • Where an entity acts as a custodian
    of a virtual asset, it is likely to be undertaking regulated
    financial services business, though a number of exemptions apply
    and may be available.

2.  Are virtual assets subject to the local AML regime?

The guidance issued by the JFSC in relation to token offerings
makes it clear that any consent granted to the incorporation of an
issuer and/or the issue of tokens will impose a requirement to
comply with local AML/CFT legislation.  Similar requirements
will be imposed on entities carrying on regulated financial
services business in respect of virtual assets, such as investment
business or custody services, notwithstanding that the assets in
question are virtual ones.

Fiat-to-crypto exchanges fall within the remit of the Jersey AML
regime, unless a businesses’ turnover qualifies them for the
sandbox described above.

Anti-money laundering legislation in Jersey is based on the
recommendations promulgated by the Financial Action Task
Force.  Jersey is presently consulting on the implementation
of its latest recommendations, as set out in the Guidance for a
Risk-Based Approach to Virtual Assets and Virtual Asset Service
Providers including the ‘Travel Rule’ which would place
disclosure requirements on virtual asset service providers.

3. Is a physical presence required in Jersey to conduct a
virtual asset sale?

No. However, the issuer must be a Jersey company, appoint a
trust or company service provider (TCSP) and have
at least 1 Jersey resident director being a natural person provided
by such TCSP.

4. Are gambling platforms permitted?

Yes. Gambling in Jersey is regulated by the Jersey Gambling
Commission who license those offering business to consumer gambling
from Jersey, as well as hosting or platform providers, software
developers and testing houses.

Those offering business to consumer applications that include
any casino style games must also comply with the AML/CFT
regime.

5. Can decentralised-finance (DeFi) products be launched from
Jersey?

Yes.  However, DeFi products comprise a wide range of
potential offerings including everything from borrowing and lending
to automated exchanges and even gambling and market prediction.

The nature of each offering must be assessed in the context of
how it interacts with Jersey existing regulatory requirements as
set out elsewhere in this guide.

Virtual Asset Service Providers (VASPs)

1. Can a crypto-to-crypto exchange be established?

Yes. Crypto-to-crypto exchanges are permitted but, where they
facilitate trading of security tokens, may need to be regulated by
the JFSC.

2. Can a crypto-to-fiat exchange be established?

Yes, Jersey introduced specific regulation to deal with
crypto-to-fiat exchange business as far back as 2016 when the
AML/CMT regulations were updated to expressly cover those who
exchange virtual currency for fiat. Since this time, crypto-to-fiat
exchanges have been subject to the same regulatory treatment as
those undertaking financial services business and must comply with
the requirements of the KYC/AML handbook.

Binance, the world’s largest cryptocurrency exchange,
established and operates its EURO and GBP exchange in Jersey.
Binance also invest in new Jersey-based start-ups through their
venture capital subsidiary, Binance Labs.

3. Is a money services licence required for crypto-to-fiat
conversion through an OTC desk?

In most cases a licence under the financial service regulatory
regime will not be required. However, any exchange between
cryptocurrency and fiat currency in any form will fall within the
remit of the AML/CMT regime as set out above.

4. Can a virtual asset project establish a local bank
account?

Most financial institutions on the Island are still wary of
businesses operating in the token offering space but few implement
blanket bans and most would consider legitimate business on a case
by case basis.

5. Can you register as a virtual asset custodian in Jersey?

Yes.  A virtual asset custodian will likely be undertaking
regulated financial services business which requires a registration
with the JFSC under the Financial Services (Jersey) Law 1998. 
The same regulatory regime applies to all custodians regardless of
asset type and a number of exemptions from the registration
requirement may be available.

6. Are VASPs subject to the local AML regime?

While the JFSC consults on the implementation of the
recommendations set out in the FATF Guidance for a Risk-Based
Approach to Virtual Assets and Virtual Asset Service Providers, the
existing AML regime will likely apply to many VASPs as the services
offered by VASPs, as set out in the FATF Guidance, are for the most
part already within the scope of the Jersey AML regime.

Tokenised funds

1. Are tokenised funds regulated in Jersey?

In a tokenised fund, an investor’s interest is represented
by a cryptographic token, as opposed to shares or other interests
or units offered to investors in a more traditional fund
structure.

There is no separate framework for the regulation of tokenised
funds in Jersey. The regulatory framework applicable to funds in
Jersey is well developed and ranges from unregulated eligible
investor funds and the new lightly regulated Jersey Private Fund
all the way up to highly regulated retail collective investment
funds.

2. What service providers are required for a tokenised fund?

The service providers required will vary greatly based on the
regulatory treatment of the fund and the nature of the permitted
investors. In almost all cases, a Jersey resident service provider
will be required to administer the fund. In addition, certain
regulated funds will require an investment manager and/or custodian
based in Jersey. In some cases it will be possible to use a
non-Jersey investment manager provided they are regulated in an
OECD member state.

Where firms are carrying on business within the scope of
economic substance requirements (applicable across the Crown
Dependencies and other well-regulated offshore jurisdictions) those
requirements must also be complied with.

3. What AML/KYC is required for token holders?

Jersey’s AML/KYC legislation applies to all funds
either directly or indirectly through regulation of their service
providers. Accordingly, a tokenised fund will need to receive KYC
documentation on each subscriber and every transferee of the token.
Each transferee will also need to agree to the subscription terms
for the tokenised fund.

4. Is there a minimum investment amount?

The minimum investment amount (if any) will depend on the nature
of the fund and the investors who are permitted to invest and
ranges from USD100K to USD1M. In most scenarios, no minimum
investment will be required where investment is limited to those
whose ordinary business activities includes dealing in, managing,
underwriting or giving advice on investments.

5. Can token holders redeem their tokens or transfer the tokens
they hold?

The transferability of interests in the fund will be determined
by the rights set out in the relevant fund documentation and
largely guided by compliance with the relevant regulatory regime,
such as ensuring that investors meet any eligibility requirements
and/or acknowledge investment warnings.

In order for the tokens to be freely transferrable on an
exchange, either the fund itself, its service provider or the
exchange would need to ensure that any potential transferee:

  • provides sufficient KYC documentation
    to comply with Jersey’s AML laws;
  • provides sufficient information to
    demonstrate that they are an eligible investor; and
  • agrees to the subscription terms of
    the fund.

Economic Substance

Does Jersey impose economic substance requirements?

As part of a review of over 90 jurisdictions, the EU Code of
Conduct Group (Business Taxation) concluded that Jersey and the
other Crown Dependencies were compliant with most of the EU
principles of tax good governance, including the general principles
of “fair taxation”.  However, it did require a
commitment from these jurisdictions to bolster economic substance
requirements for doing business in and through these
jurisdictions.  Jersey, along with the other Crown
Dependencies, made a commitment to address these concerns and
following consultation the Taxation (Companies – Economic
Substance) (Jersey) Law 2019 came into force on 1 January 2019.

A Jersey tax resident company would need to comply with the 2019
Law, should it conduct certain relevant business activities, which
include ‘financing and leasing’, ‘headquarters’,
‘holding company’ and ‘IP holding’ business.  
In essence, the company will have to demonstrate that it has local
‘substance’ in Jersey, on the basis of factors such as it
being directed and managed in Jersey, having adequate people,
premises and expenditure in Jersey and conducting core income
generating activities in Jersey.  In most circumstances a
company should not have any significant difficulty in meeting the
requirements, but the company should be mindful of ensuring real
and demonstrable compliance.  As a jurisdiction, Jersey’s
corporate advisory sector is very well placed to help companies
navigate and comply with these requirements.

Are there any reporting requirements in connection with economic
substance?

Subject to a few limited exceptions, all companies which are tax
resident in Jersey will be required to provide information on their
activities as part of their annual tax return.  This
information includes details of the relevant activities they
perform (if any), their gross income attributable to these
activities, their core income generating activities in these areas
and information on their staff, premises and management.

A resident company must also provide any information reasonably
required by the Comptroller of Taxes to help in determining whether
or not they have met the economic substance test. The Comptroller
will serve notice of exactly what information is required to meet
the test, as well as the reasonable manner of doing so, with the
ability to examine any financial period up to six years after the
end of the relevant period.

What penalty provisions apply in the case of non-compliance?

Penalty provisions apply in Jersey for failing to meet the
economic substance test, for failing to provide the requisite
information for the Comptroller to determine whether the test has
been met and for providing inaccurate information. If the test is
not met, the Comptroller can apply a penalty of up to
£10,000. While a reasonable excuse is
permissible, a failure to provide information carries a maximum
penalty of £3,000; with information provided that is known to
be inaccurate, or discovered to be inaccurate after it has been
provided without reasonable steps to inform the Comptroller also
carrying a penalty of up to £3,000.

Intellectual Property

Unregistered IP rights are protected in Jersey by virtue of the
Intellectual Property (Unregistered Rights) (Jersey) Law 2011 (the
2011 Law).  This was introduced as part of an ongoing reform
process with the intention of ensuring Jersey law is compliant with
the leading international conventions, including the Berne
Convention, the Paris Convention, the World Intellectual Property
Organization (WIPO) Copyright Treaty, the WIPO Performances and
Phonograms Treaty and the WTO Trips Agreement.

1. Copyright

As a result of the 2011 Law coming into force, the application
of the Berne Convention (the primary convention on the protection
of copyright) was extended to Jersey from January 2014 and work in
relation to the other treaties is being pushed forward.

In line with the position in the UK and Europe, software and
computer programs are treated as a literary work and therefore
protected for 70 years. Open-source code is not separately
regulated or protected in Jersey.

2. Trade Marks

The protection of Trade Marks in Jersey is governed by the Trade
Marks (Jersey) Law 2000 which mirrors the provisions and
protections of Trade Mark Act 1994 in the UK. Jersey operates a
“dependant register” for trademarks which provides for
the registration of trade marks already entered on the
corresponding register in the UK and provides direct protection
(without the need for further registration) for Community
trademarks and other international trade marks protected in the
UK.

3. Patents

The protection of Patents in Jersey is governed by the Patents
(Jersey) Law 1957 which also mirrors the protections enjoyed in the
UK. Jersey operates a “dependant register” for patents
which provides for the registration of trade marks already entered
on the corresponding register in the UK and provides direct
protection (without the need for further registration) for patents
granted under the European Patent Convention that designate the
United Kingdom.

4. Trade Secrets

There is no statutory protection for trade secrets or similar
confidential information in Jersey and the case law is therefore
limited. However, to the extent that legal guidance is available,
the Jersey courts have largely applied the same approach as the
English courts in that there must be:

  • a necessary quality of confidence;
    and
  • a disclosure in circumstances
    importing an obligation of confidence.

In practice, however, protection of confidential information is
primarily based on contractual confidentiality and non-disclosure
agreements.

Doing Business in Jersey

1. Trade Licences

Every undertaking with a physical presence in the Island must
apply for a business licence pursuant to the Control of Housing and
Work (Jersey) Law 2012. The licence imposes limits on the number
and status (see below) of employees the undertaking may employ.

The restrictions imposed are intended to protect the local
population and ensure they have suitable employment opportunities.
In general, those with less than 5 years’ residency on the
Island will be classified as “Registered” and strict
limits are imposed on the number of “Registered”
employees an undertaking may employ.

Where it is not possible to find a Jersey native or other
individual with 5 years’ residency, it is possible to request a
licence to employ someone from outside of Jersey which will be
considered by the Population Office on a case by case basis. The
Population Office is strict in its allocation of licences and a
strong case and real need must be put forward as well as the
position aligning with the Island’s goals. Given the strong
push for the growth in the digital sector, and the able assistance
of industry bodies on the Island, Fintech businesses are in a
comparatively strong position.

Jersey is also very open to high net worth individuals locating
in Jersey and this is especially the case if they will establish a
physical presence business here with employment opportunities.
There is a separate residence regime available to such high net
worth individuals.

2. Tax Matters

From an international investor’s perspective, Jersey is a
tax neutral jurisdiction and there are no withholding taxes on
dividends, interest, or royalties paid by Jersey companies to
non-residents.

Within the Island, Jersey is a desirable location for start-ups
across all sectors with the standard rate of corporate tax at 0%. A
rate of 10% is levied on certain regulated businesses established
in Jersey which would only apply to Fintech businesses if they are
carrying on certain categories of regulated financial services
business.

There are no capital gains, inheritance or wealth taxes payable
in Jersey.

3. Visas and Work Permits

Generally speaking, anyone who is not a UK, EEA country or Swiss
national will require a work permit to work in Jersey. As a growth
sector, work permits are generally approved for up to 3 years for
IT specialist managers, IT business analysts, architects and senior
system designers, programmers and software development
professionals.

As an international finance centre, work permits are also
generally approved for people in the legal and finance sectors that
are professionally qualified and experienced and earning
£40,000 or more per year.

Some nationalities require visas as well as work permits.

The Jersey visa requirements are the same as the UK visa
requirements and generally apply to anyone who is not an EEA or
Swiss national.

3. Transportation Links

Jersey is less than an hour’s flight from central London
with a number of direct flights available every day all year.
Regular direct flights are also available to other hubs in the
UK

5. ESG

One of the key investment themes prevailing across capital
markets is Environmental, Social and Governance criteria
(ESG).  ESG criteria are a set of standards for a
company’s operations that socially conscious investors use to
screen potential investments. ESG has gained prominence within
investor communities as a result of greater attention being paid to
these themes by governments and regulators, ultimately driven by
greater public consciousness of these issues and the influence that
corporate behaviours have on society.

Environmental criteria consider how a company performs in
relation to its emissions, resource usage, environmental and
natural resource management.  Social criteria examine how it
manages relationships with employees, suppliers, customers, and the
communities where it operates. Governance deals with a
company’s leadership, executive pay, audits, internal controls,
and shareholder rights.  As such, ESG criteria are an
increasingly popular way for certain investors to evaluate
companies in which they might want to invest as such many
investments is already packaging themselves in light of these
criteria.

Jersey, as a well-regulated and environmentally and socially
conscious jurisdiction, endorses these standards In 2020 the Jersey
Financial Services Commission launched a consultation on proposals
to enhance disclosure and governance requirements for sustainable
investments.

and its established advisory community is well placed to support
businesses with their compliance and reporting obligations and best
practice.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.

(Excerpt) Read more Here | 2020-10-13 13:53:16

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