Considering Guernsey for your next private capital fund

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Guernsey is well known as a premier host jurisdiction for the administration of private capital funds, offering a host of advantages that make it an attractive domicile for fund managers and investors alike. In this article, Hannah Dunnell (Guernsey Managing Director) explores the appeal of Guernsey as an alternative’s destination, typical fund structures the regulatory regime and how the use of a trusted third-party partner can complement the journey.

Why choose Guernsey as a fund destination?

Guernsey’s reputation as a leading financial centre is well established, with decades of experience in the international finance sector. The island’s robust tax, legal and regulatory framework, combined with its innovative approach to financial services, has made it a preferred location for alternative investment funds that ensures investor protection and stability. With track record and experience in hosting a wide variety of international alternative funds, both Guernsey and Belasko boast decades of experience in the real estate, venture capital and private equity sectors.

Guernsey funds benefit from unrestricted marketing into North America, the Middle East, and the Asia-Pacific region. Within Europe, Guernsey-based funds can access the European Economic Area (EEA) through the National Private Placement Regime (NPPR). With a total net asset value of Guernsey Funds at nearly £286 billion[1], Guernsey has built a solid reputation for private capital fund administration.

The total net asset value of Guernsey funds at the end of the quarter was £295.7 billion, an increase over the quarter of £3.2 billion (+1.1%).  Over the past year, total net asset values have increased by £9.7 billon (+3.4%).

Whilst Guernsey has traditionally been the home of the alternatives administration sector and continues to service a large proportion of the world’s top alternatives houses, Guernsey has emerged as a top-class destination to new managers looking to launch a first, spin out or buy out venture, leveraging the broad diversity of experience and skills available in the island whilst offering familiarity to managers and investors alike. With an innovative, responsive and engaged regulator and industry, Guernsey remains the ideal destination for alternatives.

Typical fund structure

Fund managers have a plethora of options to choose from in Guernsey to suit their specific structuring needs, below we explore some of the most commonly utilised structures:

Limited Partnerships

Whilst Guernsey offers the ability to establish both incorporated (creating separate legal personality for the partnership), and unincorporated limited partnerships under the Limited Partnerships (Guernsey) Law of 1995, non-Guernsey partnerships are often administered from Guernsey.

Non-Guernsey partnerships, such as English or Scottish partnerships are often utilised to take advantage of the benefits of the law under which they are established, but which form part of a larger fund structure to facilitate say, carry allocations or co-investment opportunities.

Commonly referred to as a GP / LP structure, a limited partnership will appoint a general partner who manages its affairs, with a separate Investment Manager or Advisor often being appointed by the general partner. Typically, the general partner will be a Guernsey company, which can accept appointments from multiple partnerships, and which will often bring any non-Guernsey partnerships into tax residence in Guernsey by way of management and control being exercised in Guernsey. The rate of corporate tax in Guernsey for entities with no physical presence is currently set at 0%, notwithstanding any bodies that form part of a larger group that may be subject to Pillar II legislation.

Company and Trusts

Guernsey companies and trusts are widely utilised as ancillary vehicles in a larger fund structure for management and control purposes or as special purpose vehicles to facilitate asset ownership, financing or provision of management incentive plans. strategies. The use of Protected and Incorporated Cell Companies has become increasingly popular as an alternative to a more traditional GP / LP fund, allowing asset and investor segregation, without the need for additional vehicles that often add cost and complexity to a structure.

Guernsey law has its roots in common law and offers both practical ease and flexibility across all aspects of its framework.

Regulatory Categories and Fund Types in Guernsey

Most fund structures will require some sort of regulation, and Guernsey offers a flexible regulatory environment tailored to meet the diverse needs of the alternatives industry. If meeting the definition of a Collective Investment Vehicle (CIV), ie a diversification of both investments / assets and investors, then direct regulation will be required; if the definition of a CIV is not met then what is referred to as a ‘Fiduciary Exemption’ may be required to be obtained. Should your structure not require regulation, or require a ‘Fiduciary Exemption’, a GFSC regulated corporate service provider will be required to provide services to your structure.

The regulatory regime for closed-ended funds is divided into three primary categories: private investment funds (PIFs) registered funds (RCIS) and authorised funds (ACIS).

PIFs and registered funds offer the fastest route to market in Guernsey, with the local administrator (often referred to as the Designated Administrator) undertaking to the regulator that the fund promoter meets the criteria for licensing, known locally as the fit and proper test. The reliance by the regulator on the Designated Administrator to perform such checks, allows the utilisation of what is known as the ‘fast track’ regime, allowing achievement of regulatory status in as little as three days.

Subject to meeting the specific route 1, 2 or 3 criteria, PIFs also offer a convenient way to expedite timetable to market and offer a ‘light touch’ regulatory regime on the basis that the investor base does not contain retail investors, only those who are considered professional or institutional investors.

In contrast, authorised funds undergo a more rigorous review process. These funds receive their authorisation directly from the GFSC after a substantive suitability review. This category provides an additional layer of investor protection and may be preferred by managers looking to attract institutional investors.

Onshore and offshore counsel and advisors are typically appointed to advise on constitutional documents (e.g. LPA, Side Letters), marketing and wider tax considerations (i.e. fund formation), as well as on local regulatory compliance and supporting tax considerations.

Belasko in Guernsey

Guernsey offers a compelling combination of regulatory flexibility, robust infrastructure, and global market access, making it an attractive destination for private capital funds. By understanding the available fund structures and regulatory categories fund managers can make an informed decision about whether Guernsey is the right domicile for their first or next fund. Engaging in early discussions with advisors is crucial in navigating this process.

Our group headquarters are based in Guernsey, and our team on the ground have extensive experience in servicing global fund managers. We provide tailored end-to-end fund administration and corporate services that seamlessly support you with streamlining your back-office operations.

With a deep understanding of the Guernsey regulatory landscape and strong relationships with local law firms and advisors, we provide a personalised, reliable, and proactive service, helping clients navigate the complexities of private capital investments with confidence.

If you’d like to speak to our team about setting up your fund in Guernsey, please get in touch with Hannah Dunnell (Managing Director) at: [email protected]

[1] GFSC Statistics at the end of Second Quarter 2024, https://www.gfsc.gg/industry-sectors/investment/statistics

Leveraging expertise for entrepreneurial success and dynastic wealth protection

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In today’s rapidly globalising world, entrepreneurs and wealthy families are seeking innovative solutions for scaling their businesses, optimising tax structures, and safeguarding wealth across generations. Offshore structures, when used strategically and in compliance with regulations, offer one such powerful approach. These structures, including offshore trusts, holding companies, and private foundations, can not only help entrepreneurs maximise their assets but also ensure that family wealth transcends generations.

Below, Andy Bailey, our head of private wealth, explores the benefits and considerations for using offshore structures to support entrepreneurial ambitions and protect dynastic wealth.

  1. Asset Protection and Risk Management

The fast pace of entrepreneurial ventures often entails substantial risks, from market fluctuations to lawsuits. Offshore structures, like an offshore trust, can shield assets by holding them in a jurisdiction separate from the entrepreneur’s primary location. This can make it more difficult for creditors to access personal assets in the event of legal action, providing an essential layer of protection, helping entrepreneurs safeguard their personal wealth.

Entrepreneurship remains a primary driver for wealth creation, particularly for those reaching ultra-high-net-worth (UHNW) status. A study revealed that 75% of individuals with assets over $30 million have backgrounds in entrepreneurship[1], underscoring the importance of asset protection strategies for those with substantial, self-made wealth​.

Establishing offshore holding companies allows entrepreneurs to centralise their intellectual property (IP) rights, patents, or brand assets in jurisdictions with robust legal protections, further enhancing security against market volatility and operational risks.

  1. Tax Efficiency and Global Diversification

For entrepreneurs and families with cross-border activities, tax efficiency is crucial to achieving sustained wealth growth. Offshore structures can be invaluable tools for managing tax obligations. Jurisdictions like the Channel Islands, Cayman Islands, the British Virgin Islands, and Singapore offer tax benefits, such as low or zero corporate taxes, to companies registered within their borders. By leveraging such offshore jurisdictions, businesses can lower tax liabilities legally and redirect those funds toward growth initiatives.

Given the anticipated $84 trillion wealth transfer over the next two decades[2], HNWIs and families are increasingly seeking ways to retain more wealth across generations through structured, tax-efficient offshore vehicles. In recent years, private equity has become a favoured investment vehicle for entrepreneurs, with a significant number of new HNWIs utilising it for wealth diversification. This is especially true in emerging markets, where wealth creation through entrepreneurship has accelerated, notably in regions such as Asia and the Middle East​[3].

Offshore trusts and family foundations are popular for inheritance planning, helping families avoid estate and inheritance taxes, thereby preserving a larger share of wealth for heirs. Dynastic wealth preservation benefits similarly from these structures. Offshore trusts or private family foundations can provide tax-efficient solutions for wealth transfer and inheritance planning. Many jurisdictions allow families to avoid estate taxes or inheritance taxes, ensuring that a larger share of the family fortune is passed down to heirs without significant erosion from taxes. However, it’s essential to work with tax advisors to structure these vehicles in full compliance with international regulations and reporting standards, as tax authorities worldwide are increasingly scrutinising offshore holdings.

  1. Privacy and Confidentiality

High-net-worth (HNW) entrepreneurs and families often prioritise privacy. Offshore structures, especially trusts, foundations, and private investment companies, offer a degree of confidentiality, as they’re governed by jurisdictions with strong privacy laws. While global reporting requirements are increasing, according to the Economist Intelligence Unit, over 60% of HNW families still view jurisdictional diversification as crucial, enabling them to protect sensitive family wealth information from external scrutiny, political instability, or public exposure[4].

While financial transparency initiatives have increased global reporting requirements, some jurisdictions continue to offer robust protections that minimise public exposure of ownership and investment activities.

Privacy becomes even more significant when protecting dynastic wealth. With multiple generations and often complex familial dynamics involved, safeguarding the family’s financial footprint can help prevent external interference and unwanted scrutiny. By carefully selecting the jurisdiction, a family can benefit from an additional layer of confidentiality that helps protect family members from undue attention and potential security threats.

  1. Flexible Wealth Succession Planning

Offshore trusts or family foundations offer substantial flexibility for entrepreneurs planning wealth transfer across generations. Offshore trusts are particularly advantageous in enabling multigenerational planning, as assets can be managed according to the trust deed, protecting the family’s financial future even if the founder passes away. This ensures that wealth is managed professionally, without relying entirely on heirs, who may not yet possess the necessary experience. Foundations, meanwhile, are often structured with specific philanthropic goals, serving both the family’s financial needs and broader societal contributions. They can distribute wealth not only to direct heirs but also to charities, educational institutions, and community organisations. Through offshore foundations, families can integrate social responsibility into their legacy, offering heirs a model of value-driven wealth management.

  1. Mitigating Political and Economic Instability

In regions experiencing political instability or economic volatility, entrepreneurs and families with considerable wealth have to consider jurisdictional risk. Offshore structures enable diversification across countries with stable legal and economic frameworks, reducing exposure to potential government actions, currency devaluation, or restrictive capital controls. By holding assets in countries with stable governance and a favourable investment climate, families can ensure continuity and preserve wealth through periods of upheaval.

For families living in high-risk areas or those concerned with geopolitical risks, offshore structures offer a form of “wealth insurance.” With the support of offshore companies or trusts, assets remain accessible and protected in a secure, internationally respected jurisdiction.

Considerations for Using Offshore Structures

While offshore structures offer numerous benefits, it’s essential to approach them with a clear understanding of compliance requirements, transparency initiatives, and potential risks. International bodies, including the OECD and the Financial Action Task Force (FATF), have introduced guidelines and reporting requirements, such as the Common Reporting Standard (CRS), to ensure that offshore structures are used responsibly. Entrepreneurs and families must consult with legal and tax professionals to design structures that align with these frameworks.

Transparency is also critical. In an era where public opinion about offshore wealth structures is sensitive, it’s essential for families and entrepreneurs to employ these tools with integrity. Responsible and compliant use of offshore structures, paired with transparent reporting and an emphasis on ethical wealth management, helps protect not only the family’s wealth but also its reputation.

Creating long-term dynastic wealth and legacy

Offshore structures, when used responsibly and in compliance with global regulations, are potent tools for supporting entrepreneurial ventures and preserving dynastic wealth. By offering asset protection, tax efficiency, privacy, and strategic flexibility, these structures enable families and entrepreneurs to navigate complex financial landscapes while securing their legacies for generations.

For entrepreneurs seeking scalable solutions to expand their businesses globally, and for families committed to a long-term approach to wealth, offshore structures can provide unmatched benefits. As with any powerful tool, the key lies in informed, ethical use—working with trusted advisors to build a structure that is both robust and resilient in today’s evolving financial world. With the right foundation, entrepreneurs and families can ensure that their wealth not only endures but also continues to grow and make a positive impact for generations to come.

Entrepreneurship offers HNWIs a path to long-term dynastic wealth and legacy creation, but it isn’t without its challenges. By leveraging expert private wealth services, entrepreneurs can navigate the complexities of financial management, allowing them to focus on innovating and building successful businesses.

At Belasko, we’re dedicated to supporting the next generation of entrepreneurs in their journey toward sustainable success, ensuring their hard work and vision translates into enduring wealth for future generations.

Get in touch with Andy Bailey ([email protected]) if you would like to discover more.

–

[1] https://screenandreveal.com/entrepreneurship-statistics/

[2] https://ifamagazine.com/global-hnw-population-wealth-back-to-record-levels-despite-global-instability-finds-capgemini/

[3] https://www.visualcapitalist.com/wp-content/uploads/2023/10/gwr-2023-en-2-1.pdf

[4] https://atlas-offshore.world/

Preparing the next generation and managing the Great Wealth Transfer

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As the world prepares for the largest transfer of wealth in history, we are entering the era of the ‘Great Wealth Transfer’, with an estimated $84 trillion expected to pass from baby boomers to the next generation over the coming decades. This shift signals a profound opportunity, but also unprecedented challenges for heirs, many of whom may feel unprepared to manage the complexities of inherited wealth. The scale of this transfer has been accelerated by recent crises, including the pandemic and rising global inequalities[1], further underscoring the need for strategic succession planning.

For heirs receiving significant assets, the responsibility of managing and growing their wealth presents both opportunities and obstacles. According to a report by Cerulli Associates, nearly 45% of high-net-worth individuals (HNWIs) are concerned about their heirs’ ability to manage their inherited wealth effectively. The complexities of wealth management are evolving, and the next generation must be equipped not just with financial literacy but also with the tools and support to navigate a rapidly changing landscape.

The growing need for succession planning

Succession planning is crucial for ensuring the continuity and preservation of family wealth. But this shift in wealth also risks creating a “wealth divide,”[2] as only families with proper planning and access to sophisticated advisors will likely navigate the challenges successfully. Effective succession planning goes beyond just transferring assets—it’s about preparing heirs for the responsibilities they will inherit. The UBS Global Wealth Management study found that 54% of wealthy families lack a comprehensive succession plan, exposing them to potential disputes, tax inefficiencies, and the risk of mismanagement.

The ‘Great Wealth Transfer’ brings a new focus on preparing future generations for the stewardship of family wealth. Private wealth providers play a pivotal role in this process, offering expertise and guidance to help families create robust plans that encompass more than just financial assets. At Belasko, we understand that a successful transition requires both strategic planning and a deep understanding of family dynamics.

Challenges facing the next generation

The next generation of wealth holders faces unique challenges that differ significantly from those encountered by their predecessors:

  1. Complexity of financial markets: Today’s globalised and volatile financial markets require a sophisticated understanding of various asset classes, including equities, bonds, real estate, and alternative investments. Heirs need to navigate not just traditional markets but also emerging asset classes like cryptocurrencies, all while managing broader macroeconomic risks such as inflation and interest rate volatility.
  2. Maintaining family unity: Family dynamics can complicate financial decisions, especially when multiple stakeholders are involved. A lack of clear communication or differing visions for the future can lead to conflicts that jeopardise the preservation of inherited wealth. The FT article pointed out that such tensions can be exacerbated by generational differences in priorities and expectations regarding the use of family wealth.
  3. Navigating tax and regulatory environments: As regulations evolve and become more complex, heirs must be aware of tax implications and compliance requirements. A study by Wealth-X found that nearly 30% of global wealth could be eroded by taxes if not properly managed, underscoring the importance of informed financial planning.

Preparing for the future

As the next generation takes on the mantle of managing inherited wealth, it is essential that they are well-prepared to handle both the opportunities and challenges that come with this responsibility. The ‘Great Wealth Transfer’ is not just a financial event; it represents an opportunity for families to redefine their legacies and strengthen their long-term impact. By prioritising education, strategic planning, and strong governance, families can ensure that their wealth is preserved and grows for generations to come.

With the right support, the next generation can build on the foundations laid by their predecessors and it’s evident that there is a  need for families to have trusted advisors who can provide comprehensive guidance on wealth management, taxation, and family governance. This level of planning can safeguard a family’s wealth for generations to come.

And, working with experienced private wealth providers, like Belasko, can help ensure that heirs receive the guidance and support they need to succeed.

Belasko offer a range of services tailored to the unique needs of wealthy families, helping the next generation navigate the complexities of managing inherited wealth. Our approach can support families with anything from education and empowerment, to strategic planning, to trust and company administration.

By partnering with us, families can confidently face the future, knowing they have the expertise and support needed to navigate the complexities of succession planning with ease. Get in touch with our expert team to discover more.

The scale of the ‘Great Wealth Transfer’ means that thoughtful planning is no longer an option—it’s a necessity. If you’d like to understand how we can help ensure your family’s wealth endures for generations to come, get in touch with Andy Bailey ([email protected]) to discover more.

 

[1] https://www.ft.com/content/dc565eac-2b18-47f8-8378-8818ac9c3eae?accessToken=zwAGJAr2cjKAkdPcVl6sKxhH-NODeIgYrJw-rg.MEUCIQCMUihxVWNyD-YJHLlKeiLwG4KWYrqyK7CcC1bvEzPnBAIgNAWp-A9KBS6fCmU43taPk-pmDyv9Kf2XnDEV9S_KyfQ&sharetype=gift&token=338c9ff8-3260-43cf-bc8e-b14c8b1979c5

[2] Same as above

Strategic philanthropy: enhancing impact through private wealth providers

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In today’s complex financial landscape, philanthropy is becoming an essential component of wealth management for high-net-worth individuals (HNWIs). By integrating philanthropic goals with financial planning, individuals can make a significant social impact while strategically managing their wealth. However, navigating the intricacies of charitable giving requires expertise and guidance, making the role of a private wealth provider increasingly vital.

The growing importance of philanthropy in wealth management

Philanthropy is not just about donating money; it’s about creating a sustainable impact that aligns with personal values and long-term financial goals. According to a 2023 report by the Charitable Giving Foundation, charitable contributions from HNWIs have increased by 12% over the past five years, indicating a growing trend towards philanthropic engagement among the wealthy. A 2022 study by UBS found that 72% of HNWIs consider philanthropy an integral part of their wealth management strategy, reflecting a shift in mindset toward more purposeful giving. As the desire to give back grows, so does the need for professional support in navigating the complexities of charitable activities.

Additionally, the Global Wealth Report highlights that the number of family foundations has increased by 60% over the past decade, underscoring a trend towards structured philanthropic giving. These statistics show that more individuals are not only looking to donate but are also interested in creating long-lasting, impactful legacies through their wealth. This growing importance of philanthropy in private wealth management necessitates the expertise of a third-party private wealth provider to ensure that charitable goals are achieved effectively and strategically.

Integrating charitable goals into wealth management

While the benefits of philanthropy are clear, HNWIs often face several challenges in integrating charitable giving into their wealth management plans:

Complexity in aligning philanthropic goals with financial strategies

Crafting a philanthropic strategy that aligns with personal values and financial goals requires careful planning and expertise. Many high net worths struggle to balance their desire to give back with the need to maintain financial stability and growth. Partnering with an expert provider can provide expertise in crafting bespoke giving plans that maximise impact while optimising tax benefits.

Regulatory and compliance challenges

Different jurisdictions have varying rules on charitable giving, making it difficult to ensure compliance across borders. This complexity can deter HNWIs from engaging in philanthropic activities or lead to unintentional non-compliance. A private wealth provider ensures that all philanthropic activities comply with relevant laws and regulations, minimising risks and enhancing the efficiency of charitable contributions.

Effective impact measurement

Determining the effectiveness of charitable contributions is often challenging. HNWIs need to ensure that their donations are making a meaningful difference and align with their philanthropic goals. Expert providers like Belasko can offer robust tools for impact measurement and reporting, allowing clients to assess the effectiveness of their philanthropy and adjust strategies as needed.

Family involvement and governance

Engaging multiple family members in philanthropic activities can be both rewarding and challenging. Clear communication and governance structures are needed to ensure alignment and avoid conflicts.

The role of a private wealth provider in philanthropy

A structured approach to philanthropy is crucial when integrating charitable goals into your wealth management. This can be effectively managed with the support of an expert, reputable private wealth provider. From establishing charitable foundations to ensuring compliance with tax regulations, they can offer tailored solutions that address the unique challenges faced by ultra and high net worth individuals in their philanthropic endeavours.

Working with a partner like Belasko

At Belasko, we offer a comprehensive suite of private wealth services tailored to the unique needs of HNWIs, from strategic planning to compliance support and impact measurement.

We help ensure that your philanthropic efforts are impactful, sustainable, and aligned with your broader wealth management strategy.

For more insights on how to incorporate philanthropy into your wealth management plan, get in touch with Andy Bailey ([email protected]) and find out how we can help you maximise the impact of your charitable giving and achieve your philanthropic goals with confidence.

Transferring a trust to a new trustee: A strategic option for HNWIs

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An essential wealth transfer tool for any high net worth family is ensuring the effective management of a family trust, preserving your legacy, and ensuring that future generations benefit from your foresight. However, there may come a time when the trustee originally appointed is no longer the best fit for your evolving wealth management needs. Transferring a trust to a new trustee can be an efficient and strategic move to ensure that your assets are managed in line with your objectives.

In this article, Andy Bailey, Head of Private Wealth, explores why and how to transfer a trust to a new trustee, the benefits it offers, and what high net worth individuals (HNWIs) should consider throughout the process.

Why transfer a trust to a new trustee?

Trusteeship is an integral part of managing complex wealth, and while trustees are bound by a fiduciary duty to act in the best interests of the beneficiaries, circumstances often change. Whether due to shifting financial goals, personal relationships, or the evolving complexity of wealth management, HNWIs may find it beneficial to appoint a new trustee. Here are some common reasons:

  • Sophistication and expertise in asset management

HNWIs often have diverse portfolios that include not only liquid assets like stocks and bonds but also real estate, private equity, art collections, or even family businesses. The expertise required to manage these assets effectively can be highly specialised. If the current trustee lacks the necessary skills or experience, especially in global investments or niche assets, it may be time to seek out a trustee with more appropriate expertise.

  • Better personal service and engagement

Trustees are not just financial managers; they play a significant role in stewarding wealth for future generations. For HNWIs, having a trustee who understands their unique financial goals and family dynamics is critical. If the current trustee lacks responsiveness moving to a trustee who provides a more personalised, high-touch service can lead to greater satisfaction and trust in the management of the assets.

  • Jurisdictional and regulatory advantages

With the global mobility of HNWIs, you or your beneficiaries may have moved to a new country with different tax laws and regulatory frameworks. Transferring your trust to a trustee who understands jurisdictional obligations when it comes to tax and regulation and can help simplify compliance with local laws can be hugely advantageous.

  • Changing family or business circumstances

As families grow and their financial needs evolve, trustees must adapt to new circumstances. If your family has expanded or there are new business ventures to consider, the existing trustee may no longer be the best fit. A trustee with experience in intergenerational wealth transfer or managing family-owned businesses might offer better solutions for your family’s evolving financial landscape.

  • Market consolidation and continuity concerns

The trust market is seeing significant consolidation, with many trustees being acquired by larger firms, leading to disruptions in service quality and a loss of personal relationships. For HNWIs seeking stability and consistent service, moving to a trustee that is independently/family-owned can provide long-term continuity and a more personalised relationship management approach. These trustees often have a vested interest in maintaining strong, lasting client relationships.

The process of transferring a trust is easier than expected

For HNWIs, the prospect of transferring a trust may seem like a complex endeavour, but the process can be straightforward, especially with the right advisors. Here’s how it generally works:

  1. Review the trust deed and legal requirements: Consult the trust deed to understand the terms governing trustee replacement. Most trust deeds include provisions that outline the process for appointing a new trustee. Some may require the consent of beneficiaries or a protector, while others may provide broad discretion to the settlor.
  2. Consult advisors and stakeholders: Before making any decisions, it is essential to consult with your legal, tax, and financial advisors. They will help assess any potential legal or tax implications of moving the trust to a new trustee, particularly if the transfer involves cross-border assets or multi-jurisdictional considerations.
  3. Appointing the new trustee: Choosing a new trustee is arguably the most important step. For HNWIs, the decision should be based on a trustee’s ability to manage complex asset structures, their understanding of global markets, and their approach to family governance and succession planning. Boutique trust companies are often preferred by wealthy individuals because they offer a higher level of service and a bespoke approach.
  4. Prepare the legal documentation: Once the new trustee has been selected, a Deed of Retirement and Appointment will need to be drafted to formalise the transition. This document specifies the outgoing trustee’s resignation and the appointment of the new trustee. Your legal advisors will ensure that all documentation is in order and compliant with the trust deed and local laws.
  5. Transferring assets: Transferring the trust’s assets to the new trustee may require coordination with financial institutions, asset managers, or other parties to ensure a seamless transfer. Additional steps may be required if assets are in different jurisdictions to comply with local laws or regulations.

Key considerations for High Net Worth Individuals

As with any significant financial decision, there are several important factors to keep in mind when considering a transfer of trusteeship:

  • Legal and tax implications: A transfer can trigger tax liabilities, especially in cross-border cases, so consult tax professionals to plan accordingly.
  • Trustee reputation: Ensure the new trustee has the expertise and reliability to manage large estates as well as a consistent and responsive approach to relationship management.
  • Long-term flexibility and stability: You want a trustee who can evolve with your financial and family circumstances over time. Choose a trustee who can adapt to changing circumstances and family dynamics and have a solid ownership structure behind them.
  • Costs of the transfer: Weigh legal fees and transfer costs against the long-term benefits of appointing a more capable trustee. At Belasko, we can make the transition seamless, fill any gaps you’re experiencing with your existing trustee, at a competitive cost.

A strategic move for wealth preservation

For high-net-worth individuals, transferring a trust to a new trustee can be a strategic decision that enhances the management and protection of wealth. Whether you are seeking better expertise, more personalised service, or a trustee with jurisdictional reach, the process of transferring trusteeship is easier than many might think.

As an independently owned business, our private wealth team are reliable, experienced and provide continuity and longevity in building relationships. Our bespoke private wealth solutions draw on the many years’ experience of managing the needs of HNWIs. We collaborate with your advisors, act as professional trustees, and ensure effective management and administration of the trust. We can ensure a seamless and smooth transition of your trust, at a minimal cost, which will also be a valuable step toward safeguarding your legacy for generations to come.

If you’d like to discuss transferring your trust, get in touch with Andy Bailey ([email protected]).

Embracing Finovation: Key Takeaways

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Last week, Andy Bailey, our head of private wealth, attended the ‘Finovation: The Guernsey Edge’ conference, hosted by the Guernsey Financial Services Commission and Guernsey Finance. The conference focused on how Guernsey’s financial sector can leverage its agility, strong legal framework, and forward-thinking regulation to embrace emerging technologies and drive growth.

Below Andy highlights his key takeaways from the event.

  • Harnessing technology for growth: Guernsey’s financial services sector is positioned to benefit from technological advancements, including AI and quantum computing. These technologies offer potential improvements in efficiency, risk modelling, and fraud detection, and are seen as critical for maintaining Guernsey’s status as a leading international finance centre.
  • Mitigating cyber risks: Speakers stressed the importance of addressing cyber risks in the financial sector. They highlighted the need for robust cyber risk management and regulatory compliance to protect against breaches and ensure financial crime controls are effective.
  • Regulatory innovations and openness: The Guernsey Financial Services Commission (GFSC) gave a sneak peak in to their soon-to-be-introduced new authorisations portal. This portal will digitalise and streamline processes whilst offering more visibility which will fundamentally make Guernsey an even more attractive place, with a much easier process, for those wanting to do business in the island.
  • FinTech vs. traditional banking: While FinTech solutions are reshaping the banking landscape, there were discussions around the potential risks for individuals and organisations. Concerns include the reliability and security of digital-only platforms compared to traditional banks who offer stability and reassurance, as well as regulatory clarity and the longevity of FinTech providers. The private wealth sector particularly are still a way off utilising FinTech banking solutions as they need to carefully weigh the benefits of innovation against safely securing their wealth without any risks.
  • Openness to innovation in Guernsey: Panellists Alexis Augier, CEO at Vega, and Matt Ong, Founder and CEO at Ctrl Alt, praised Guernsey’s openness to cutting-edge financial innovations, including fund administration and structures like Private Investment Funds and Protected Cell Companies. They recognised that with tokenisation comes a lot of scepticism and unclarity but, with the GFSC’s clear guidance on tokenisation, businesses can benefit from better speed to market and cost-effectiveness when looking to innovate.

The ‘Finovation: The Guernsey Edge’ conference provided invaluable insights into the future of Guernsey’s financial services sector, highlighting the island’s strong position to benefit from emerging technologies. From AI and quantum computing to innovative regulatory practices, Guernsey is well-equipped to navigate the challenges and opportunities presented by the rapidly evolving financial landscape.

With the GFSC’s openness to innovation and proactive stance on regulation, the island remains a competitive and attractive hub for businesses looking to capitalise on technological advancements. Guernsey’s agility and commitment to embracing innovation are critical to maintaining its status as a leading international finance centre.

If you’d like to discuss innovative solutions within private wealth, get in touch with Andy Bailey ([email protected]).

Navigating New Waters: Impacts of UK Government’s Non-Dom Tax Reform

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As the UK navigates changes in the non-dom tax regime, the new Labour government under the Treasury’s leadership is set to introduce several strategic updates. These updates are part of a broader effort to align the UK’s tax system more closely with international standards and maintaining stability.

The government will finalise policies in the upcoming Budget (30th Oct) but here we highlight some of the key proposed updates to the UK taxation for non-dom individuals that should be considered carefully[1].

Foreign Income and Gains (FIG)

  • Current system: Non-domiciled individuals in the UK are currently taxed on a remittance basis, meaning you are only UK taxed on income and gains remitted to the UK.
  • Proposed new system (from 6 April 2025): A shift to an internationally competitive residence-based system will be introduced meaning all worldwide income and gains will be subject to UK tax. However, a four-year relief period will be granted to new arrivals to ease the transition.

This change provides non-doms with a limited-time opportunity to remit foreign income and gains to the UK at a more favourable rate (12%), encouraging the reinvestment of global wealth into the domestic economy.

Inheritance Tax (IHT) rules based on residence

  • Current system: IHT is determined by domicile status, with UK-domiciled individuals liable for IHT on worldwide assets and non-dom individuals liable for IHT on UK assets only.
  • Proposed new system (from 6 April 2025): IHT liability will be based on residence rather than domicile. A new provision extends the scope of IHT to non-doms who have moved abroad, applying a 10-year window of liability. This measure ensures continued fiscal responsibility for those with substantial ties to the UK, even after they have relocated.

Trusts and Non-UK Assets

  • Current system: Under current rules, UK non-doms can establish excluded property trusts to shelter non-UK situs assets from UK IHT. These trusts have provided a means of protecting assets from IHT, thus serving as an essential tool for estate planning and asset protection.
  • Proposed new system: The Treasury has indicated potential grandfathering provisions for existing excluded property trusts. This potenitially means that trusts established before a specific date could retain their excluded property status, thereby exempting non-UK situs assets from IHT[2].

Settlor-Interested Trusts

  • Current system: These trusts often offer tax advantages to non-domiciled individuals.
  • Proposed new system: The preferential tax treatment for settlor-interested trusts will be gradually phased out, potentially leading to further tax obligations for settlors.

Strategic considerations for HNWIs and UHNWIs

With these updates, it’s crucial for non-domiciled HNWIs and UHNWIs to engage proactively with their advisors to navigate the evolving tax landscape and future proof wealth planning.

While the new government maintains continuity in many aspects of the non-dom tax regime, the introduction of specific measures marks a decisive shift towards a more inclusive and accountable tax system. Non-doms, particularly HNWIs and UHNWIs, must remain vigilant and informed to effectively manage their tax obligations and financial planning strategies.

Belasko’s proactive scenario-based analysis

At Belasko, we’re already proactively supporting our clients with scenario-based analysis to ensure they’re prepared and ready for any potential taxation impacts that will be put in place after the 30th October.

The scenario planning includes the mapping and analysis of a client’s investment universe, stress testing them against the potential changes that could be implemented by the UK government. This provides our clients with intuitive, cost-benefit analytics upon which families and their advisers can make informed decisions.

We’re experienced when it comes to optimising wealth across jurisdictions and generations and are ahead of the curve when it comes to navigating potential new tax and regulatory barriers.

Our private client directors all have 20+ years of extensive experience, leading a frontline administration and accounting service delivery team. We hold strong relationships with leading legal and tax advisors and deliver tailored solutions, while being truly dedicated to delivering client service excellence.

If you’d like to discuss how we can help you navigate new waters as a result of the new UK government, get in touch with Andy Bailey ([email protected]).

[1] https://www.gov.uk/government/publications/2024-non-uk-domiciled-individuals-policy-summary/changes-to-the-taxation-of-non-uk-domiciled-individuals#:~:text=The%20government%20envisages%20that%20the,scope%20for%2010%20years%20after

[2] https://www.gov.uk/government/publications/2024-non-uk-domiciled-individuals-policy-summary/changes-to-the-taxation-of-non-uk-domiciled-individuals#:~:text=The%20government%20envisages%20that%20the,scope%20for%2010%20years%20after

Sustainable Finance: How ESG is Shaping the Future of Investment

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ESG has fast become one of the better-known acronyms in financial services, continuing to dominate news headlines. As a result of this, buyers of goods and services are now differentiating where they allocate capital and prioritising businesses pushing to make a difference. This has shifted ESG and sustainable finance from just buzzwords to critical components of the financial landscape.

Despite a cooling in ESG fundraising to $91 billion globally in 2023, there has been a notable resurgence in 2024, with $55 billion raised by April alone[1]. This rebound highlights the sustained interest and commitment to ESG principles among investors and fund managers. And, according to PwC, analysts expect ESG AUM to reach c20% of Global AUM or $33.9trn by 2026 ($18.4trn 2021).

Interestingly, while the performance difference between ESG funds (13.5% IRR) and non-ESG funds (15% IRR) is not significant, ESG funds tend to exhibit lower variance. This lower risk profile can be appealing to investors seeking stability. Moreover, six out of ten investors have either rejected an attractive investment opportunity or would do so based on ESG concerns, underscoring the growing importance of these factors in investment decisions[2].

Ross Youngs, Chief Commercial Officer at Belasko, identifies how ESG is shaping the future of investment, the impact on our clients and the business’ proactive approach to lead the way.  

How are our clients impacted? 

Our fund clients experience varying degrees of impact from ESG, largely influenced by their size and marketing strategies. Many clients share our proactive stance and have generally adopted two distinct approaches based on the level of regulation required:

  1. The Sustainable Finance Disclosure Regulation (SFDR): A key regulatory framework in the EU that governs the transparency and reporting of sustainability-related information by financial market participants.
  2. The Principles for Responsible Investing (PRI): Where SFDR has not been relevant, our clients have chosen voluntary compliance with the PRI which provides a set of ESG principles designed to foster a positive, sustainable impact within the global financial system.

Unpacking the SFDR 

There are three levels of regulation applicable to funds marketed in Europe under the SFDR:

  • Article 9: These funds are dedicated to achieving specific sustainable objectives. They have strict requirements on how they achieve their goals. There has been a great deal of focus on this category of fund with rigorous evidential reporting. Due to these high standards, about 40% of Article 9 funds, representing $175 billion, have reclassified to Article 8.
  • Article 8: These funds promote positive environmental, social, and governance characteristics without necessarily having them as their primary objectives.
  • Article 6: This category includes funds that do not integrate sustainability considerations into their investment strategies.

These three levels of regulation serve as stepping stones depending on where the business or fund is on its ESG journey.

How has ESG impacted Belasko?  

At Belasko, we recognise the significant benefits of incorporating ESG into our business strategy. Although we’re not legally required to report on sustainability, we’ve taken a proactive approach in doing so by partnering with Terra Instinct to develop a Responsible Business Policy. This initiative includes forming a group-wide committee, defining relevant sustainable metrics relevant to our business, setting targets, and publishing an annual report on our ESG journey for clients and investors.

We anticipate that mandatory ESG reporting will become a reality for businesses like ours in the coming years. To stay ahead, we’re committed to being leaders in this space, continuously taking proactive steps to lead the way.

How can we help you?  

No matter the complexity of compliance with the PRI or SFDR, there are common challenges that we can support you with.

  1. Defining a policy of responsible investment: The policy must consider the fund’s impact on ESG factors and establishing data points to measure and track positive impact according to the goals set.
  2. Data collection: While it may seem straightforward, data collection is not standardised across markets and countries so the sophistication and resource availability of portfolio companies to stream up the data sets can vary considerably.
  3. Regulation and investor demand: With both evolving rapidly, our clients often lack the internal ESG resources to stay compliant therefore relying on Belasko to keep them informed.

We have developed an end-to-end solution in partnership with Terra Instinct to power auditable data collection. Terra Instinct are specialists when it comes to defining policy and collecting and validating data, as well as providing reasonable industry estimates where data is not available. The expertise of advisory specialists is crucial in ensuring data quality, which, in turn, ensures accurate and reliable reporting for investors.

Moving forward

It’s evident that ESG is here to stay, with a growing market expectation for sustainability considerations in both our personal and business lives. Adopting positive-impact principles is essential for future success.

If you’re looking to prepare for the future of ESG, get in touch with Ross Youngs at [email protected].

[1] Preqin, “ESG in Alternatives 2024” [Source: https://www.preqin.com/insights/research/reports/esg-in-alternatives-2024?chapter=sample]

[2] Preqin, “ESG in Alternatives 2024” [Source: https://www.preqin.com/insights/research/reports/esg-in-alternatives-2024?chapter=sample]

Outsourced Models are Changing: Executive Summary

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Nick McHardy, our Head of Funds, recently shared his insights on enhancing performance by developing and improving operating models in our ‘Outsourced Models are Changing’ series. As a refresh, you can read back over those articles here:

  1. A response to marketing conditions
  2. Four value drivers that underpin an operating model review
  3. Considerations when changing your operating model
  4. Same scope of services, different outcome

Across the four articles, we covered the evolving nature of outsourced models in the private capital fund industry, emphasising the current need for fund managers and general partners (GPs) to reassess their outsourcing arrangements due to market conditions, technological advancements, and changing investor expectations.

Historically, significant adjustments to outsourcing models have coincided with market downturns, such as the post-Global Financial Crisis era. Today, challenging fundraising conditions and the emergence of alternative service providers with advanced technology and tailored services are prompting another wave of operating model reviews.

Key value drivers for reviewing and potentially changing operating models include cost reduction, operational effectiveness, risk management, and enhancing the investor experience. Fund managers have two main routes: insourcing activities previously outsourced or increasing their existing level of outsourcing.

Critical considerations in this process include regulatory permissions, expertise and resourcing, opportunity costs, systems and data strategy, risk management, relationship dynamics with service providers, contractual obligations, and the timeframe for onboarding additional services.

As we conclude the series, it’s clear that even without changing the scope of outsourced services, fund managers can achieve improved outcomes through tender processes, feedback mechanisms, and technology solutions. Ultimately, adapting outsourced models can enhance performance, reduce costs, and improve service quality, making it potentially beneficial to switch to a new fund administrator in order to achieve long-term growth.

Belasko offer tailored, full scope fund administration, focused on delivering the highest quality solutions across the entire fund lifecycle and across multiple asset classes. We’ve worked closely with our clients on developing and improving their operating models to enhance their performance. If you’d like to discuss further, get in touch with Nick McHardy, Group Head of Funds at [email protected].

Is now the time to consider upgrading from your existing fund administrator?

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In today’s evolving financial landscape, private capital fund managers and general partners (GPs) face increasing pressures to enhance performance, reduce costs, and manage risks effectively.

Outsourced models have long been a cornerstone of the private capital fund industry, offering solutions to these challenges. However, market dynamics, technological advancements, and changing investor expectations are driving a need to re-evaluate existing outsourcing arrangements.

Download our new whitepaper which addresses the pressing question: Is now the time to upgrade from your existing fund administrator?

Here, we delve into:

  • Responding to marketing conditions
  • The four value drivers that underpin an operating model review
  • Considerations when changing your outsourced model
  • Key benefits of changing your fund administrator – it’s easier than you think!

You’ll also discover why clients of ours, including Syntaxis, Riverside Capital, RTP, RCapital and Apera, have all made the seamless transition to Belasko – and why they’ve never looked back…

If you’d like to discuss how we can simplify administration solutions for your business, get in touch.