The Jersey Financial Services Commission (“JFSC”) announced a new Jersey Private Fund regime (“Jersey Private Fund”), effective from 18 April 2017 and the response from promoters and intermediaries has been very positive.
Pinel Advocates has been assisting with the establishment of new Jersey Private Funds, including private equity-style limited partnerships with carry arrangements, company structures and multi-layer funds. Pinel Advocates can often provide a fixed fee for Jersey Private Funds and our fees are competitive.
A Jersey Private Fund:
- requires a consent to be issued by the JFSC and may be marketed to 50 or fewer “professionals” or eligible investors (those with a minimum investment value of £250,000);
- has no requirements for promoter policy/approval;
- has no requirement for Jersey-resident directors;
- has no requirement for an offering document;
- possesses no set restrictions on investment and borrowing, but there is a requirement for investment warning and disclosure statement;
- can be open-ended or closed-ended;
- has no requirement for audited accounts, but any qualified audit must be reported (except in the circumstances when adopting modified GAAP);
- must appoint a designated service provider (“DSP”), which is registered pursuant to the Financial Services (Jersey) Law 1998;
- must have any notice of change or event signed off by the DSP;
- must have an annual Jersey Private Fund return signed off by the DSP; and
- does not require personal questionnaires in relation to the Jersey Private Fund itself.
The JFSC will approve funds qualifying under the Jersey Private Fund regime within 48 hours of receiving a fully completed application. A one-off application fee of £1,070 is payable, followed by an annual fee of £500.
Pinel Advocates is pleased to be able to provide legal advice to its clients on Jersey Private funds and a wide range of other investment structures and to assist with applications to the JFSC. Please contact either Andrew Pinel or Oliver Hughes for more information.