Alan Montegriffo joins Sovereign Insurance Services

Gibraltar-based Sovereign Insurance Services has marked the beginning of the New Year by expanding its business in Ocean Village. The company has acquired the general insurance book of Eurolinx Limited and as a result, well-known local insurance personality Alan Montegriffo has joined the expanding team.

Commenting on the acquisition, Sovereign Insurance Services Managing Director Geoff Trew said that although organic growth was positive, the Eurolinx general insurance book would allow the business to grow exponentially over the coming year. He added that the company is delighted that Mr Montegriffo is joining the team. Mr Trew pointed out that Neil Entwistle has also recently joined the company, and that he will concentrate on working with the Sovereign Group offices world-wide to generate international insurance business opportunities for their Gibraltar, London and international insurance markets.

Sovereign Insurance Services is a subsidiary of the wider Sovereign Group whose global Head Office is located in Main Street. Now boasting a total staff complement of almost 80 locally, Sovereign has offices in a further 23 locations worldwide.

Group Finance Director Gerry Kelly, himself based in Gibraltar, welcomed the acquisition adding that Sovereign Group remains interested in any further suitable opportunities, both locally and abroad. He commented that two further deals were being considered at present.

Sovereign Insurance Services is a fully licensed insurance broking intermediary and is based at new state of the art premises at Ocean Village’s Promenade. They arrange all types of Insurance cover for both personal and corporate clients worldwide where coverages include such specialist lines as healthcare, construction, corporate liability, contingency and kidnap & ransom. Benefitting from their location at the Ocean Village marina, a full range of marine and aviation based insurance services are also available.

Gibraltar

Ian Le Breton is Managing Director at Sovereign Trust (Gibraltar) Limited. He explains why Gibraltar can no longer be characterised as an “offshore tax haven”.

When Gibraltar’s new income tax regime came into force on 1 January 2011, it signalled the end of a long journey to reposition its financial services centre from an offshore tax haven to an onshore European Union (EU) finance centre.

The new regime brought Gibraltar into compliance with the rest of the EU by doing away with the previous exempt status tax regime. The new Act ended any discriminatory distinctions between onshore and offshore business by introducing a single 10% corporation tax across the board.

As an onshore EU country with competitive rates of corporate and personal taxation – as well as the absence of capital gains, value added, inheritance, wealth or gift taxes – Gibraltar now offers opportunities that few other international finance centres, or specialised finance centres as Gibraltar prefers to be known, can match.

Gibraltar firms engaged in financial services are regulated by the Financial Services Commission. Implementation is critically important and by all measures, Gibraltar benefits from excellent regulation. The Gibraltar government is highly responsive; recent changes to legislation have allowed the industry to develop in such vital areas as insurance, funds and investment management. 

When considering financial services, professional advice should be sought at the earliest opportunity.  Options can be explored but it is critically important that corporate or trust structures comply with reporting requirements and that any tax implications are carefully considered. 

One way to demonstrate international credibility is to appear on the OECD Global Forum’s “white list”. The main criterion for achieving such a cherished position was for a jurisdiction to have entered into a series of bilateral Tax Information Exchange Agreements (TIEAs). Demonstrating the willingness of the two signatory countries to exchange information relating to a taxpayer, Gibraltar has engaged fully with the process and entered into such accords with 20 separate countries. 

Gibraltar competes effectively with its peers within the diverse sectors that make up the finance centre. Several global banks are represented providing a full range of banking services and investment management is another important cog in the wheel. In particular, Gibraltar benefits from Experienced Investor Fund (EIF) legislation and its funds regime has a well-deserved excellent reputation globally. Insurance is another vitally important component of the finance industry. 

Under EU “passporting” rules, regulated Gibraltar firms are permitted to expand across Europe in respect of insurance, reinsurance, banking and investment services.

The establishment of companies, trusts and other structures remains core to firms such as Sovereign. The larger firms have diversified into other areas including investment management, accounting and insurance services. A few also able provide marine and aviation services including registration of yachts and aircraft. In our own case, established a quarter of a century ago, we boast 25 offices around the world. With over 70 staff, Gibraltar remains our largest office hence we are well placed to provide the services and advice international clients will need.

Overall then, Gibraltar has a good story to tell. The next time you come across lurid reports about international tax havens, rest assured that Gibraltar is now recognised as a preeminent onshore EU finance centre and all of us in the finance industry are striving to ensure that this story can only get better in the future.

Trust & Company Management: International reach and depth of service

Milestone GRP - The main trend over the last decade has been global integration and compliance. How has this im- pacted  Gibraltar's economy and how has it impacted  the Trust and Company Management industry in particular?

Mr. Ian Le Breton - Looking at compliance, we are regulated by the Financial Services Commission (FSC) with a strong but, at the same time, cooperative hand. They have turned what could otherwise have been extremely onerous, difficult to im- plement policies, into something that remains costly and time consuming, but is  done with a cooperative spirit with them. From  time to time we have discussions  with them,  and the relationship is good. I describe it as a hand in hand approach, not a hand in glove one. It is a partnership type of approach. There is lot of new regulation to take on, and other internati- onal groups, the OECD, IMF, the EU, are going to impact us.

You need to have a pragmatic view and simply live with this, and even the Government cannot  do anything about it. We work with this, whether we like it or not, we have to move with the times  and we do it fairly successfully. That means  that Gibraltar can look to the world and say that we comply with all these groups; we are signing all these TIEAs, we might soon have double tax  agreements, and we’ve moved from being considered an offshore financial centre to what  it is now an international specialised financial centre.

Milestone GRP -  Gibraltar and the  Government  are often described as agile and nimble. Do you agree with that cha- racterization?

Mr. Le Breton - It is very true. Agile and nimble, but also po- sitively reactive is the type of word  to describe it. Proactive too, as we tend, in Gibraltar, to identify trends and adapt to them. That is what we do in Sovereign and a number of firms with whom we share the space in Gibraltar, too. We need to reinvent ourselves as we go along, and any firm like us that does not have this approach is going to find themselves falling behind because legislation and rules are changing all over the world at all times. So if you cannot be agile and nimble then you are lost. That  takes us back to our small but  perfectly formed nature.

It is not difficult to talk to the Government's departments, even to members of the  Government themselves, if we need to, quickly. Obviously legislation changes take time but we cer- tainly have a good rapport with these people and that means that we can be agile and nimble.

Milestone GRP - How has the global downturn affected the growth of the company? What  areas are you are develo- ping?

Mr. Le Breton - We have certainly seen growth  despite the economic downturn. In the last 4 years our staffing has grown by 10%  or more.  As  for our product  here, it is certain that

there is an increasing depth to our services. We do a certain amount of work on the personal pension side, particularly the UK transfers, the  Qualifying Recognised Overseas Pension Schemes (QROPS), and Qualifying Non-UK Pension Schemes (QNUPS), which is a different model altogether but has simi- larities. We are  expending our marine division that is based in  Gibraltar, looking at yachts, and last year we  established an aviation division. Again looking at clients with big jets, big yachts: these are the  types of clients we need to approach anywhere. So our strategy is to use these subsidiary groups to look at markets in a slightly different way.

Milestone GRP - How have Gibraltar’s infrastructure deve- lopment contributed to  these specific opportunities, such as the registration of yachts or aircraft?

Mr.  Le Breton -  The growth  of Gibraltar's  infrastructure  is extremely useful to us. For Sovereign it is important that the infrastructure continues to develop in Gibraltar, not just for the business itself, but also for our staff. It is important that they continue to find this an attractive place to live and work. From Sovereign's point of view, we are one of 25 offices, so whilst we were established here in 1987 and here is where everything started and it continues to be our largest base.

Milestone GRP - Are there any limitations to operating here?

Mr. Le Breton - There are limitations. We are never going to land a jumbo jet at the airport, so are we going to set up direct links with New York with 300 people on board  a plane? No, we will not. But, using this as an example, we have infrastruc- ture that is not right here but just a short drive up the road in Malaga where we have  a full international airport, so that is not a real limitation.
We have a wonderful  time  zone advantage,  the  climate  is great, and this is important since people are attracted to Gib- raltar for its climate and lifestyle. A lot of people like our firm are doing what they can to build it up. We have a lot of compe- tition out there, but generally overall we are doing a good job. I encourage executives from wherever they are in the world to come and have a look.
Milestone GRP - As a well established foreigner in Gibraltar, what do you see as existing misconceptions about the place?

Mr. Le Breton - One area I want to work on is the impression that Gibraltar is just open for the British. That is not the case. Brits make up a percentage of the client base, but just a  per- centage of it, and that is a message I want to get across. We are ready to build our market from around the world. Europe is obviously a main area of course, but there are advantages for other parts of the world, too. Gibraltar is a good place to headquarter a company and maybe the CEOs from around the world may want to start considering that, and then come to talk with us when they do.

Partnerships in today’s world

We keep hearing governments across Europe tell us that “we’re all in this together”. British newspapers in particular seem to take great delight in reporting examples of how some of the more wealthy members of the current cabinet are “out of touch” with ordinary people. The recent story about whether or not to charge VAT on hot “pasties” was just one example. But in general, it seems that most people in the UK realise that by working together – in partnership if you will – things will eventually get better. Certainly the huge deficit is being reined in although there is a long way to go.

Since the last edition, I have had the pleasure of attending the long awaited wedding of two good friends. It was a lovely affair; my partner and I had a very jolly time and we wish the newlyweds a long and above all, a very happy, marriage.

Going to the ceremony got me thinking – weddings do that, don’t they? – and all the talk of partnerships led me down several paths. What constitutes a partnership anyway? And when we hear the term in a business context, is it based on the same principles as two people who call themselves “partners”?

A simple definition of partnership is that it is an arrangement where parties agree to cooperate to advance their mutual interests. But let’s go back a little to explore the term used by individuals in their personal lives, rather than the business context.

Years ago, if one was neither married nor engaged but still committed to another person in a steady relationship, the words “boyfriend” or “girlfriend” seemed to do perfectly well (although I accept it sounded rather odd when describing people old enough to be one’s parents). The term “common law marriage” was one taught to me by my mother although I used to get alarmed at the level of vitriol in her voice when she said “common” – as if there were something dreadfully wrong about it all.

Fast forward 25 years and the word “partner” seems now to be the in-phrase. Time was, just a few years ago in fact, that if I had referred to my partner in polite company, there’d be a short intake of breath for it was taken as read that I had to be referring to another man. In these days when so many people maintain a relationship without ever entering into marriage, the term partner could just as well refer to a girlfriend of several years’ standing. It’s all become rather confusing.

In the UK, it was the Labour government that took the politically brave and potentially risky decision to enact civil partnership legislation in 2004. Possibly soon to be extended to Gibraltar, the legislation set out clear guidelines for the first time relating to the responsibilities of partners and the benefits to be gained from entering into such an arrangement. Aimed at same-sex couples, there have been complaints of discrimination ever since from straight couples who do not wish to enter into marriage but seek the financial and legal benefits of a partnership arrangement. So far the government has maintained that such people can simply get married but sometimes it’s more complicated than that.

The civil partnership legislation is very clear. In exchange for a series of undertakings and legal definitions of what constitutes the partnership between two people, several important benefits arise. The most important implications from a financial perspective are probably those dealing with succession issues and inheritance tax in the UK and the setting out of new rules relating to next of kin and a lot more besides. Sadly – but inevitably – it also goes into considerable detail about how such partnerships should be dissolved.

These new rules in effect brought into force for individuals important aspects of legislation that had previously only been available in a corporate setting. Business partnerships, as we shall see, are nothing new. Legal partnerships come in several shapes and sizes but they all follow a similar pattern. It is also now very common to see the initials LP (standing for limited partnership) or LLP (limited liability partnership) appended to the name of many of our large firms, legal and accountancy in particular.

But hang on. Surely partnerships – law firms, doctors and so on – were not supposed to be able to limit their liability. Wasn’t that the whole point? In exchange for the comforting knowledge that the partners in question, whether they were drafting a contract or diagnosing a condition, were putting not just their professional reputations on the line but also their assets. Of course, insurance was used to mitigate some of this risk but ultimately their judgment, and that of their colleagues, was backed by individual partners’ wealth.

In several jurisdictions, many of them based on English law, partnerships as a separate legal entity have become far more popular in recent years. Essentially the intention was to retain the benefits of partnership whilst allowing at least some protection associated with limited liability. But this concept is not restricted to English law and is certainly nothing new.

In the third Century BC, Roman societates publicanorum exhibited many similarities to the company structures we see today – but at least one partner had to be included who was fully liable for the entity’s debts. Across the Islamic world too, such arrangements became common. In Europe, the Italian commenda of the tenth Century were the forerunners of the LPs and LLPs we see today.

As always there are differences across the various jurisdictions where such structures can be established but the general principles are similar enough. A limited partnership may typically have up to 20 members, at least one of which is a “general” partner. This general partner has the power to bind the partnership by entering into contracts and so on and also assumes unlimited liability for the debts and obligations of the partnership. This potential liability can itself be mitigated if the general partner is itself established as a limited company.

In these circumstances, the other partners could enjoy “limited” liability in respect of the partnership in much the same way that shareholders in a company know that their financial risk is limited to the amount of capital that they have invested into the company. It follows that these limited partners may not take part in the management of the company nor are they able to bind it contractually. The limited liability partnership differs in that there are limitations in liability for all partners.

Assuming such partnerships are properly structured from the outset, limited partnerships can be extremely flexible. Within reason, they are able to do anything a “natural person” – that is someone like you or me acting in an individual capacity – can do. A partnership can enter into contracts, own assets and, importantly, it can carry on in existence despite any changes in the status of the individual partners. In other words, in many ways such partnership “entities” are much more closely related to companies than a traditional partnership of old.

Tax advantages are likely to result because, generally speaking, these types of structures are established so that profits are taxable in the hands of the partners rather than the partnership itself – in the US, this is often referred to as “look-through treatment” because the taxman will “look-through” the partnership structure to assess the individual partners. Additionally, limited partnerships allow for the issue of shares in cases where other corporate facilities may not be desirable.

In summary, partnerships can offer the managers of businesses a more flexible, modern approach to liability and risk management in general. Their benefits were there for the Romans more than 2,000 years ago and I imagine the law relating to partnerships will continue to develop further in millennia to come. They are not necessarily simple to establish so, as always, professional advice should be sought at the earliest stage.

And so back to those friends whose marriage we have just celebrated. I happen to know that they read The Gibraltar Magazine – at least I hope they do for the lady in question happens to be the magazine’s editor. From my own partner and me and on behalf of my colleagues at Sovereign too, I say congratulations and we wish you a long and happy partnership.

Santa in Gibraltar for Christmas

Santa in Gibraltar for Christmas

Santa Claus shivered as he emerged into the weak winter sunshine at Gibraltar’s southernmost tip. When he booked a Mediterranean Christmas break, he remembered reading about the re-development of Europa Point. Surely Gorham’s Cave had been given a makeover too? After all, wasn’t Gibraltar Woman found there – the one that would have been more famous than Neanderthal Man (for she was older) had it not been for clever marketing by those pesky Prussians or whatever they were.

But no, sad to report, Gorham’s Cave seemed to be as cold and inhospitable as it was during his first visit in 2009. He was past caring whether Gibraltar Woman was the oldest European human ever discovered – he thought there just might be another one stuck down there judging by that curious stench.

So what was this much loved Christmas figure up to by visiting Gibraltar in December? It was all due to his age. He blamed H.M. The Queen – 85-years-old and she’d just done a tour down under. And in 2012, not just the Olympics but her Diamond Jubilee too. “Face it,” he said to himself, “she might be much loved and all that, but she’s made us older chaps feel really guilty about retiring.”

Then there was Rudolph to consider. He wasn’t getting any younger and the cold was getting to his antlers. So Santa decided that this year, he would outsource all his seasonal duties to some out of work investment bankers – who’d set up a grotto in his name in the City. Santa decided wisely to pack it all in and spend “the holidays”, as Christmas now seems to be called, here in Gibraltar.

But after hundreds of years, what’s a chap to do at Christmas if not dispense good cheer and bonhomie? He was bored, but remembered his old friends The Rock Family. He reminded himself all about “The Rocks” by looking up the December 2009 edition at www.thegibraltarmagazine.com. He went off in search of them.

It had all changed quite a bit, what with King’s Wharf and the other new developments on the west side. And what about the new buses? They might be free but he wasn’t allowed on. Anyway Rudolph gets a bit upset as he has the monopoly on Santa transport but the sleigh is a difficult vehicle to manage in the Upper Town. They settled on a pair of the new Gibibikes and out stepped our hero to see what the Rock family wanted for Christmas.

“Ho-ho-ho” went the doorbell that had been adjusted for the season. The festive lights flickered as the neighbours’ own lights went out altogether. Santa had read about all the new buildings putting a demand on the electricity but all he’d done was ring the bell, honest.

After what seemed an age, Mrs. Rock duly appeared at the door, albeit after some none too discreet curtain twitching. She didn’t seem over keen to greet the visitor but smiled at him weakly. “If you’re coming in, wipe your reindeer’s paws, vale?”

Santa breezed in as Rudolph trailed rather mournfully behind. The whole family was at home – Mr. Rock Senior (miserable as sin, as always), Number One son, daughter-in-law and baby, and the 20-year-old rascal that passed for Number Two son. Santa smiled – for that is what Santa does – and told them he wanted to gift them finance-related presents for Christmas.

Old man Rock just wanted some crisp £20 notes – “and not any of those that were taken out of circulation in the summer if it’s all the same to you”. He explained that he’d been given one in his change in the bar the day before and was lost as to what to do with it. The problem was that his bank account was empty and they wouldn’t give him an overdraft. That’s because his credit card was full – or “maxed out” as his second son called it. He was going to be in for a very austere time if Santa didn’t come to the rescue with some readies.

Mrs Rock had other things on her mind. She didn’t want pounds because she was going to Spain to get her Christmas shopping. Loyal shopper in Gibraltar she wasn’t. Could Santa please do something about the exchange rate? “So I can get more euros for my pounds,” she said. Santa looked at Rudolph who rolled his droopy eyes under his antlers. “How many more times Mrs. Rock?” pleaded Santa. “The plural of euro is still euro, not euros.” She really didn’t care – it was all Greek to her! She was sure there was a joke in there somewhere, if only she could understand it.

She tried another tack. “Alright then, what about a higher interest rate for my savings?” Santa explained that this was another thing altogether but that because of the economic situation, she was unlikely to see the rate rising any time soon. “It’s all to do with no money being around you see?” She told him she didn’t see at all and disappeared into the kitchen.

Santa turned to the next generation. “And what would you like by way of a financial present this Christmas?” he asked Number One son and his wife. They pondered for a second – and the baby pouted. They do a lot of pondering these days now that all their money goes towards the little one’s upkeep. They explained that what they really wanted was low interest rates so their mortgage payments would remain affordable. Exactly the opposite present to the one demanded by Mother Rock who wanted higher rates for her savings.

Santa explained that the “base rate” was likely to stay at very low levels for quite a while longer. The banks are free to set whatever rate their clients would accept – if they were prepared to lend in the first place. Then there was the “arrangement” fee that can add a fair amount on to the real effective interest rate.

So rates for savings were low and rates for mortgages can work out to be comparatively high, if you can get the loan in the first place. Not really what the young family wanted to hear. Santa felt his despair coming on again. The same feeling he got last year when he spent Christmas spending money with the Greek Prime Minister – but that was quite another story.

Then Number Two son piped up. “OK then clever Santa,” he sneered, “what’s all this about quantitative easing, then?” Santa was startled. It turned out that the lad was studying economics. “Crikey,” thought Santa. “A know-all; just what this family needs”.

He thought about his answer for a moment, wondering whether he should even start attempting to explain that it was when governments issue new debt by paying for it themselves thereby increasing the amount of money in circulation, when old Mrs Rock returned and chimed in. “Quantitative easing? Isn’t that what cousin Cloti had last year, dear? You remember; when she was suffering from her trouble. She got some ointment and that sorted it though.”

Rudolph raised his eyes again, pointed at his watch and brayed, “Come on Santa, we’ve got to go”. Santa looked round at the family and had to agree. They all want something different but they can’t all be satisfied because if one person is happy that can only mean that the others are not – economics just doesn’t allow it.

Santa decided to send them all an M&S voucher – they’re very nice they are – and he went back to the Cave with Rudolph for the rest of the holidays. Actually it wasn’t too bad there, after all. As he settled down to his Christmas dinner whilst Rudolph went to play with the apes on the Upper Rock, Santa reflected on the year just past. As he took out the new jumbo Su-Doku book that his favourite reindeer had bought him for Christmas, he grinned as he contemplated a few days away from worrying about the economy. If it’s all going to pot, he thought to himself, this here Gibraltar is just about the best place until it’s all sorted.

He looked at his Christmas cards and picked up the one from that odd bloke at Sovereign Trust who keeps writing about things. What did it say again? Ah yes.

A very Merry Christmas from all the staff at Sovereign Trust, Gibraltar – and a Prosperous and Happy New Year 2012.

He felt jolly once again.

Comparing Gibraltar is one thing – but can it compete?

In recent columns, I have written about the reasons one might consider Gibraltar as a good place to invest, work and live. I have covered issues such as the legal framework in the jurisdiction itself, regulation and, perhaps most importantly, the new corporate tax legislation that came into force in January of this year.

Then what happened? After the last column a lady reader stopped me in the street to say: “That’s all very well, but do you really have such rose-tinted spectacles?” She went on to ask if I was so enamoured of Gibraltar that I could simply ignore the competing jurisdictions. The conversation made me think.

As you can see from my mug shot overleaf, I obviously do wear “specs” – and have done since the age of five. But honestly, they’re not rose tinted. Of course everything isn’t perfect in Gibraltar but then who can show me a jurisdiction where such a utopia exists? Life would be pretty boring wouldn’t it?

So in answer to my lady critic, I thought I might take a quick look at one or two “competing” jurisdictions to see how Gibraltar measures up. What follows is necessarily a general view of just a couple of places that I genuinely consider to be our “competitors”. As always these are just my own personal thoughts so don’t shoot the messenger. If you disagree with anything that follows, do get in touch and let me know.

I decided to limit myself to considering the most obvious places against which Gibraltar is most often compared. Bring on my first problem. Being involved in the corporate services and trust business, the Channel Islands and Isle of Man were my first choices.

Other finance professionals in Gibraltar will differ; those more closely involved with the funds or insurance industries might consider Luxembourg or Switzerland. The Chief Minister is likely to say London. And to an extent we’re all right. What I wanted to consider though were the places that are already close to each other in other ways – legal system, language, etc. In that way I felt we could make a more accurate “comparison”. After all, how does one match tiny Gibraltar with a country such as Switzerland with a population of several million?

So for this article I decided to consider only the Channel Islands and the Isle of Man. After all, I can always look at other places in Europe or further afield in future columns.

First though, a word about my personal position in all this. As my surname suggests, I am not from around these parts. I am instead a proud Jerseyman although I left the island over 25 years ago. I rolled up on Gibraltar’s shores when I took up my appointment with Sovereign in November 2004 so am still considered by some, no doubt, as very much a new boy.

Having said all that, my first visit here was almost 30 years ago and during my time as a banker I was here very frequently. So I’ve seen a few changes. I am settled here and celebrated National Day last month with everyone else so, of course, I am a keen fan of what one might call “Gibraltar plc” and everything the territory and its people stand for.

When considering the Channel Islands and Isle of Man, how do we compare and can we compete? Is it realistic for us in the finance industry to make such bold claims? Naturally I think we can and now I’ll try to answer why that is.

Firstly of course, Gibraltar is not an island – that much is obvious. As in the cases of the other three, we suffer our fair share of weather related issues at the airport. However, it’s rare for Gibraltar to be totally cut off and there are always options such as using Málaga. You can’t leave the islands so easily in bad weather so being joined to mainland Europe can certainly be an advantage.

I then considered some bare facts. For sheer size and population, Gibraltar is by a very long way the smallest of the four – although remember what they say about good things coming in small packages. Gibraltar’s population of almost 30,000 is half that of Guernsey and not much more than a third of the totals in both Jersey and the Isle of Man. Covering around 220 square miles the Isle of Man is many times the size of Gibraltar, and at 46 and 25 square miles respectively, Jersey and Guernsey also dwarf our small country in terms of size.

For all four jurisdictions, financial services are vital parts of the local economy. The percentage of the workforce employed in the industry varies but is significant in each place. The Channel Islands were first off the block in terms of providing what became known as “offshore” services in the ‘sixties although both the Isle of Man and Gibraltar soon followed. It’s when one considers the broader financial infrastructure and legislative framework that have evolved subsequently that one begins to appreciate how close Gibraltar now comes to the other three in almost all respects. Let’s look at a few concrete examples.

We may not have as many banks as the islands, but a number of Europe’s finest banks are represented here, not to mention a growing number of hedge funds and investment firms. We host most of the major accounting firms and although the large City law firms may be absent, many of our local lawyers have built world class reputations in such diverse areas as Experienced Investor Funds and maritime law, to name just two.

Moreover, in recent years, financial services have played an important role in the creation of a Gibraltar gaming sector that has left its competitors in Guernsey, the Isle of Man and indeed elsewhere far behind.

Looking at corporate and trust services, our firm has important offices in Guernsey and the Isle of Man, as well as here in Gib where we employ more than 60 staff. Each jurisdiction has its own specialities – for example Guernsey is particularly well regarded as a QROPS jurisdiction. But in general, Gibraltar can claim to compete across the board.

I have written about corporate taxation in recent columns. Gibraltar companies pay 10% corporation tax on the accrued and derived principle; this has been accepted at EU level and our new system is now operational. At present, with just a few exceptions, Channel Island and Isle of Man companies pay no corporate tax at all. This option is being challenged in some quarters so it may be that those rules might need to change.

There is one area, however, where Gibraltar not only competes with its peers but can also be considered to have a serious competitive advantage. Gibraltar is a full member of the European Union, although not part of the Customs Union – there is therefore no VAT. This presents unique opportunities for EU companies that benefit from operating in a VAT-free environment. There is no VAT in Guernsey either, while Jersey levies a Goods & Services Tax (GST) – the present rate being 5% – and the Isle of Man VAT is charged at the UK rate, currently 20%. But none are part of the EU.

The second unique advantage that Gibraltar offers by dint of its EU membership is the ability for licensed, regulated firms to “passport” that status to other EU countries. This means that firms regulated here may offer services to clients in any one of the 27 EU states. Passporting is enormously valuable to banks, insurance and investment companies. This is simply not an option in the other three jurisdictions.

So in conclusion, with or without my “rose tinted specs”, can we really compare ourselves with the Channel Islands and the Isle of Man? You bet. More importantly, is it realistic for Gibraltar to claim that it can compete effectively with these places? Again, the answer is a resounding “yes”.

Clearly, there is enough good quality, international business to keep the good practitioners busy in all four jurisdictions. I believe that we should always be aiming to grab a larger slice of the pie here. Gibraltar-based professionals are travelling ever further afield in order to spread that message. Let’s hope that this trend continues and that we develop our offering still further, to the benefit of all of us who live and work here.

Executive aircraft – toy or tool?

Since the implementation of the Córdoba Agreement in 2006 – when restrictions were removed to permit direct flights from Spain – Gibraltar residents may have noticed an increasing number of small, private aircraft using the airport. We have certainly seen an increase in corporate jet activity and I expect to see this increase when the new terminal opens. I understand there will be services dedicated to the business aviation industry based from the terminal, so that is another reason to look forward to its completion.

But how, in these economically strained times, can such “toys” be justified? Surely this is yet another example of the type of corporate excess that should have been consigned to history. A number of large companies certainly seem to think so – they have either sold or downsized their aircraft fleets in recent years. But is there any place for expensive business aircraft in the post-crisis economic world in which we now find ourselves?

In my opinion, there is. Executive aircraft come in all sorts of shapes and sizes and there are many ways to own or operate them from full to fractional ownership, or simply chartering on an ad hoc basis. Under the right circumstances, the sensible use of a private jet – however this is done – can not only be economically justified, it can be a very attractive option both to business people and the companies they represent. Read on.

Consider this example. Imagine you are in Gibraltar with five colleagues and you need to get to Nice for a meeting. There are no direct flights from here and although Málaga is only a hundred miles up the coast, surprisingly there are no direct flights to Nice from there either. Our party of six business executives is now faced with a dilemma and at least two flights – first to London or Paris, then an onward connection. How much more simple it would be to charter a business jet for a direct flight from Gib to Nice – and presumably back again, although of course that may not be necessary.

The advantages speak for themselves. The party simply turns up at the airport very close to departure time and, in this example, the round trip could easily be achieved in just one day. Naturally the formalities remain but they are generally easier to complete and there’s no need to arrive up to two hours before departure as with commercial trips. A direct flight straight to the airport closest to where you want to go could be just what your company needs. There will be a considerable saving of down time and any of the usual difficulties one can encounter when using scheduled airline services – cancellations, overbooking, delays – will be avoided. In addition, confidentiality is assured and, because the fellow passengers are likely to be colleagues or associates, the flight time can be spent more profitably.

What is the likely price for such convenience? As always this can vary widely but, as an example, local private charter firm GibJets (www.gibjets.com) charges around £2,500 per flying hour. Divide that between the six passengers that its aircraft might typically carry, and one can start to appreciate the commercial sense of using this option. Add to that the fact that executive jets can use a much greater range of airfields than those available to commercial airliners, then the expense becomes even easier to rationalise. Business jets can land at airports with limited facilities and very often – depending on the type of aircraft – they can be operated by just a single pilot.

So much for the theory. In these days of economic austerity what is the state of the market for business jets? They range in price from the so called “Very light Jet” or VLJ (sometimes referred to as “Entry Level Jets”) to airliners such as the four engine Airbus A340 used by a very select band of billionaires and royalty for their private, or executive, use. The price tags match this wide range, starting at a couple of million dollars but easily rising to US$100m or more for the airliner-size versions.

My colleagues at Register An Aircraft.com, Sovereign’s aviation division, report that the sector has certainly seen a noticeable downturn since the onset of the global economic crisis. The use of business jets as a corporate tool was much criticised at the height of the crisis; who can forget the outcry over bankers and automakers flying to Washington in their private jets to testify at congressional hearings into the massive government bailouts they were receiving?

As the economic situation stabilises, at least in certain countries, the use of corporate jets is once again becoming more acceptable for many international businesses (and more importantly their shareholders). The business case for such use has not changed – the time and money saved, together with more confidentiality and better use of time spent flying. What has changed is the perception of the press and the public in relation to the “Jet Set”.

The business jet charter market is certainly recovering; we are seeing a number of these aircraft landing at Gibraltar on a more regular basis. And it is interesting to note that, while new aircraft sales in Europe are still slow, business has been increasing in other parts of the world. In particular, dealers are reporting higher levels of interest in the Middle East, India, China and South America – especially Brazil where a local manufacturer, Embraer, has developed into a world leader.

So as we all look forward to using our own brand new airport terminal later in the year, I hope to see even more of these remarkable aircraft flying into and out of the Rock. Next time you see one, rather than seeing it simply as a toy for spoiled executives, consider instead that it might just be a serious business asset that is adding to the bottom line in clear and demonstrable ways.

Aircraft landing and taking off at Gibraltar will of course fly over the marinas where super yachts seem to be perpetually moored. Pleasurable these vessels undoubtedly are; practical, sometimes, maybe. But one cannot drift on an executive jet. They are designed to get one from A to B far more efficiently than commercial flights. That is the difference and the reason why I, for one, believe that given the right circumstances they can be ideal business tools. This is also why I am looking forward to welcoming them to Gibraltar in ever greater numbers. And the wealthy people they carry, of course!

Written by Ian Le Breton who is based in the Gibraltar office.

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