Wednesday, January 4, 2012

2012 – Another New Year, and a review of the one just gone

As you read this column, another year has just turned the corner – and probably not one that many people will be sad to leave behind; so perhaps it’s a hearty goodbye to 2011 from most of us, and a warm hello to 2012.



Although 2011 was in all manner of ways a difficult year, it was also a momentous one. With general elections behind us in both Gibraltar and Spain, together with several new governments in other European countries, we are all going to have to get used to the new order. And that is not to mention the ongoing convolutions of the “Arab Spring” which rumbled inexorably into an Arab summer, autumn and winter as it moved from Tunisia and Egypt, through Libya, the Yemen and Syria. And not just in political terms; there will be economic consequences too.
And talking of economics, 2011 was certainly a year to remember – or, I guess, forget depending on your point of view. In several respects I believe history may record that it was the most challenging year from a financial perspective since the world went into economic crisis in 2008. And it would not be surprising if 2012 doesn’t continue along a similar track.


So what happened in 2011 that turned life on its head for so many countries? Simply put, the fact that there was too much unaffordable debt around started to dawn on the markets, the speculators and eventually the people. Several countries in Europe came close to defaulting; others, specifically Greece, avoided a formal default only through a clever form of words and the necessity for the rest of the Eurozone to start bailing out before the ship sunk.



The underlying incentive was that by helping out, the other European governments were acting to prevent the “contagion” spreading to other states, including their own. As it happened, the EU’s inability to move quickly enough meant that this contagion occurred anyway, so we ended the year with several countries at risk of a Greek-style crisis. At the same time various ratings’ agencies chose to reassess the economic prospects of a number of sovereign states with the result that the debt rating of several was downgraded.



Nor was this limited to Europe – even the national debt of the US, the largest economy of them all, was downgraded during the past year as their politicians indulged in a ruinous “Mexican stand-off”.



Across the world, but particularly in the Eurozone, banks continued to struggle. They were simultaneously expected to repair their balance sheets and pressured to increase their lending book. Time and again over the last year we have seen this same contradiction: state sponsored bailouts of banks across Europe whilst those same institutions were being “encouraged” to bolster economic recovery by lending to domestic customers. It is no wonder that little forward progress was achieved.



Economic growth rates in Europe are very low at best and in several cases, they ended the year in negative territory. For countries such as Greece, negative growth – or recession – appears to be an almost permanent feature of their economy. It is difficult to see how recovery is going to come any time soon to such countries.



Commodity prices have risen – and in the case of energy in particular, this has had a dramatic effect for domestic and business consumers as they have suffered enormous increases in costs. Taken with the resulting increases in food bills as well as fuel, many consumers struggle to understand how the official – and relatively low – inflation rate is calculated.



As investors will know only too well, 2011 saw many of the world’s major stock markets languish. Currency exchange rates have also been in the news during the year just past. For those of us here in Gibraltar who generally earn pounds but also spend euro over the border in Spain, we have seen the exchange rate locked in a tight range during most of the year. Despite all its problems, the euro has remained stubbornly strong against certain currencies, including sterling. Looking at the same issue from a global perspective, exchange rate “pairs” such as the US dollar/ Chinese yuan have become far more significant as the US struggles to work its way out of recession and China seeks to maintain high rates of growth.



It is also interesting to see the spectre of the Europeans approaching countries such as China and Brazil for assistance by buying Eurozone bonds. It’s an example of the new world, or at least a couple of the emerging BRIC economies, coming to the rescue of the old. Who would have thought it?



So what does 2012 hold? As regular readers will know, I am wary of making detailed predictions. You won’t be reading my guesstimates of the exchange rate or the price of gold in these columns. Still less will I get involved in politics and you certainly won’t catch me predicting a royal baby in the year ahead!



But as I write this at the end of 2011, there are some areas in the financial world in which I can predict developments in the year to come with some confidence.



First of all, what lies in store for us here in Gibraltar? For some time, I have been writing that although we are in no way immune to the financial crisis engulfing Europe, overall we have proved to be fairly resilient given the modest size of our economy. I don’t see any reason why this should change in the year to come although we may experience a greater impact from developments in Spain. A new Spanish government was elected last November and how Spain deals with its economic woes is going to be critically important.



In Europe as a whole, it’s clear that the national leaders will have to continue fire fighting across the continent. With some exceptions, most countries are in a similar position. Staggering levels of national debt combined with low or negative growth rates are likely to dominate the headlines in 2012 as they have in the year just past. As a result interest rates are likely to remain low for the foreseeable future although, should the spectre of inflation return, increasing rates cannot be ruled out.



In Gibraltar our other main concern is the state of the UK economy, for that is what determines important issues for us – interest rates and the crucial exchange rate with the euro, and indeed other currencies. In Britain, as elsewhere in Europe, the government will continue its efforts to reduce the burden of national debt whilst seeking to inject some much needed growth into the economy. It will be a difficult juggling act.



Once the winter months are behind us, the Diamond Jubilee should cheer everyone up across the Commonwealth. Later in the summer, the London Olympics should provide an enormous boost to the economy and hopefully to Britain’s standing around the world. Early reports are very favourable; the infrastructure appears to be ahead of schedule. We must all hope for a decent haul of medals and records too.



And speaking of records, your diligent scribe is due to hit a significant personal milestone in the coming year that no amount of denial can do anything to alleviate. One wonders where the last 50 years have gone!



So as we all recover from the excesses of Christmas and New Year, welcome back to Gibraltar in January. Let’s all hope that the winter – and indeed the economic freeze – will be short and sweet. From the viewpoint of the financial world it must be goodbye, and good riddance to 2011. Hello and welcome to 2012; please be kinder to us all.
Whatever 2012 brings, I hope sincerely that it proves to be a good one for you. On behalf of all my colleagues at Sovereign Trust here in Gibraltar, I wish you and your families a very happy and indeed prosperous New Year.

Thursday, December 15, 2011

До свидания, оффшор! До свидания?

Земельный департамент Дубая недавно объявил о том, что в настоящий момент (по состоянию на 1 января 2011 года), упразднена регистрация недвижимости в Дубае на имя оффшорных компаний или компаний, не зарегистрированных на территории ОА Э. Единственным исключением являются оффшорные компании, зарегистрированные в СЭЗ «Джебель Али» (Jebel Ali Offshore Company). Уточним, что данное правило не распространяется на индивидуальных владельцев недвижимости, а касается только иностранных оффшорных компаний, зарегистрированных вне территории ОА Э.

Приведенные далее ответы на часто задаваемые вопро-сы помогут разобраться иностранным покупателям и инвесторам в недвижи-мость в ближневосточном регионе в послед-ствиях внедрения Земельным департа-ментом этих новых правил, а также в том, как данные изменения влияют на последую-щую процедуру регистрации собственности на имя оффшорных компаний.

Для чего человеку использовать оффшорную компанию при покупке недвижимости в Дубае?

Существует ряд причин, объясняющих растущую популярность использования оффшорных компаний при регистрации недвижимости. Наиболее очевидная –желание избежать непривычного местного законодательства при наступлении ситу-ации наследования. Компания никогда не умирает. Если ваша собственность заре-гистрирована на бюджетную оффшорную компанию, вы (а также члены вашей семьи или партнеры) могут владеть акциями ком-пании в соответствии с долевым участием или исходя из предпочтений. Таким образом, вместо вашего имени (физического лица) на официальном документе о владении собственностью (Title Deed), будет указано название компании (юридическое лицо). Это самый простой способ для совместных инвестиций, который в то же время добав-ляет дополнительной конфиденциальности при владении недвижимостью.

Получается, на сегодняшний день, единственной оффшорной компанией, на которую я имею возможность заре-гистрировать недвижимость, является оффшорная компания «Джебель Али»?

Совершенно верно. Однако это касается только Дубая. Например, вы можете приоб-рести недвижимость в Абу-Даби, зарегистри-ровав её на имя компании в оффшорной зоне БВО (Британские Виргинские острова). Согласно решению Земельного департамента Дубая от 1 января 2011 года, недвижимость, приобретенная на территории Дубая, может быть зарегистрирована на имя оффшорной компании в «Джебель Али».

Может ли иностранная компания владеть оффшорной компанией «Джебель Али»?
Да. Вы можете, например, использо-вать компанию на БВО, или траст для вла- дения акциями вашей компании в СЭЗ «Джебель Али». Однако вам необходимо будет предоставить требуемый минимум информации на владельца компании и недвижимости, включая сертификаты акций и копий паспортов.

Как проходит процедура регистрации, если недвижимость еще не сдана в эксплу-атацию? Если договор купли-продажи был подписан до января 2011 года от моего лица, могу ли я перерегистрировать право собственности на имя компании?

Земельный департамент Дубая имеет два реестра: первый – временной реги-страции собственности, и главный –реестр учета недвижимости, уже сданной в эксплуатацию. В момент регистрации в главном реестре (что происходит после сдачи недвижимости в эксплуатацию), можно будет изменить имя собственника с физического лица на оффшорную компа-нию в «Джебель Али», предоставив соот-ветствующее подтверждение о не смене владельца, т. е. свидетельство, подтвержда-ющее факт, что бенефициаром компании выступает владелец недвижимости.

Должен ли я буду оплачивать допол-нительный взнос за перерегистрацию собственности, если в настоящее время договор купли-продажи оформлен не на имя оффшорной компании в «Джебель Али»?

Для совершения процедуры пере-регистрации прав собственности на имя компании, застройщик должен выдать «Сертификат об отсутствии возражений» (NOC) на перевод недвижимости на имя оффшорной компании в «Джебель Али». Как отмечалось ранее, застройщику необходимо предоставить доказатель-ство того, что лицо, указанное в дого-воре купли-продажи, является факти-ческим владельцем новой компании.Стоимость сертификата обычно не пре-вышает 3500 дирхамов ОАЭ.

Если сертификаты об отсутствии воз-ражений предоставлены застройщиком и СЭЗ «Джебель Али», процедура пере-регистрации проводится без взимания дополнительной оплаты, опять же по предоставлению доказательства того, что лицо, указанное в договоре купли-продажи, является фактическим владель-цем новой компании.
Что делать, если моя недвижимость уже зарегистрирована на имя оффшорной компании на БВО?

Изменения в регистрации недвижимо-сти относятся только к случаям, имевшим место до 1 января 2011 года, и не затраги-вает существующие структуры владения собственностью.
Позволяют ли оффшорные компании в «Джебель Али» владеть недвижимостью по всей территории Дубая?

В соответствии с циркуляром СЭЗ «Джебель Али» от 2006 года, оффшорные компании в «Джебель Али» могут владеть недвижимостью в любом проекте Дубая, при-надлежащем таким застройщикам, как Dubai World, Dubai Holdings и Emaar Properties.

В принципе, хотя и не существует никаких ограничений на регистрацию недвижимости на имя оффшорной ком-пании в «Джебель Али», владельцу ком-пании необходимо получить «Сертификат об отсутствии возражений» от СЭЗ «Джебель Али», для того, чтобы зарегистри-ровать собственность в Земельном депар-таменте Дубая. По состоянию на сегодняш-ний день мы не сталкивались с отказом в выдаче «Сертификата об отсутствии возражений» на недвижимость вне пере-численных выше проектов.

Как проходит регистрация офф-шорных компаний в СЭЗ «Джебель Али»? Сколько это будет стоить инвестору?

Процедура регистрации довольно про-ста, требования по предоставлению доку-ментации на владельца компании стандар-тна. Когда сооветствующие документы пре-доставлены, регистрация занимает около 4-5 рабочих дней. От акционеров компании требуется единовременное посещение СЭЗ «Джебель Али» для подписания учреди-тельных документов (или предоставление доверенности на третье лицо). Стоимость регистрации компании составляет US$ 4500, ежегодное продление лицензии – US$ 2050.

Компания Sovereign Corporate Services является одним из первых агентов, зареги-стрированных в СЭЗ «Джебель Али». Услуги по регистрации и сопровождению компаний осуществляется квалифицированным персо-налом в составе 25 человек.

Расскажите, как проходит процудура продажи недвижимости, которая зарегистрирована на имя компании (юридическое лицо)?

У вас есть два варианта: вы можете либо продать имущество компании, просто под-писав соответствующие документы от имени её директора, или продать акции компании (предполагается, что компания владеет только одним активом – недвижимостью).

Земельный департамент Дубая должен быть уведомлен о внесении изменений в структуру компании, для этого в него необходимо предоставить копии соответствующих заверенных доку-ментов. Мы будем рады помочь со сбором и предоставлением документов.

На все последующие вопросы специалисты компании Sovereign Corporate Services с удовольствием вам ответят. Пожалуйста, обращайтесь:

Анастасия Белова, менеджер по развитию бизнеса
abialova@sovereigngroup.com
+971 4 448 6010
+971 50 785 9180

Wednesday, December 7, 2011

Sovereign supports rising team

NEWS RELEASE

Sovereign supports rising team

IT’S all change for basketball team Manzur this season with a new sponsor, a new name and a combined force of players going into division two of the Yorkshire Guernsey league.

Last year the side had an A team and a B team playing for divisions two and three but a strategic decision to combine top players meant the side sits neatly in division two.

Changes to league means the side will also have the opportunity to play against division one teams in a combined division knockout tournament so the team will be exposed to a highly competitive level of basketball.

This coincides with a new sponsorship deal with Sovereign Trust, which has agreed to support the side.

Now named Sovereign Trust, the basketball team includes two Most Valuable Players (MVPs) from last season. Coach Matthew Sarl was voted as the best player in division two and in division three it was Liam Doherty, who also finished highest on the scoreboard.

Mr Doherty, trainee compliance officer at Sovereign Trust, said it was a huge opportunity to pit themselves against more experienced players.

‘A lot of the players in division one frequently travel off island to play national games so the standard is just much higher. Getting to compete at that level is really exciting for us and will no doubt improve our basketball. I have high hopes. I’m obviously biased but by pooling our talent I think we could do really well this season,’ he added.

Managing director of Sovereign Trust, Rob Shipman, said: ‘Liam approached me earlier this year about getting involved with the team. We’re always keen to support staff and the community in general so were happy to assist. I look forward to seeing how they progress in this division and wish them good luck,’ he added.

Exclusive IFAS Programme introduced by Sovereign Trust

Exclusive IFAS Programme introduced by Sovereign Trust

For the exclusive use of IFAs Sovereign Trust (Channel Islands) Limited “Sovereign Trust” has introduced the International Financial Adviser Support or ‘IFAS’ Programme, a unique technical support programme to provide a one-stop shop for information on international pensions.

The technical expertise is provided by Isle of Man based PenTech Limited, specialist Pension Technicians, which has signed an exclusive deal with Sovereign Trust. Sovereign Trust, which already enjoys a sizeable share of the international pensions market, both QROPS and QNUPS, is part of an international group that provides financial services but is independent of any bank, law firm or IFA group.

The PenTech designed IFAS Programme is a unique web-based service that provides IFAs with access to live data and fast responses to queries about existing UK or international pensions schemes for the benefit of their clients. To access the service IFAs simply need to register and create their own profile.

Once approved, IFAs are able to log on to a secure, confidential service portal through which they can ask questions and track and review all of their cases. Each request is handled by experienced and qualified Technicians and all correspondence is recorded and can be revisited at any time. The comprehensive and unique service also includes provision of basic critical yield reports and, if required, the production of an all-important independent Pension Transfer Report (‘TVAS’).

Sovereign Trust’s managing director Rob Shipman said: ‘UK and international pensions are increasingly complex due to ever changing legislation. The Sovereign sponsored ‘IFAS Programme’ is a fantastic resource for IFAs wanting to give the best advice to their clients.’

Director of PenTech Peter Davis added: ‘The service has been far more successful than we could have ever anticipated. We are continually updating it as our clients’ needs evolve. It is completely live and offers total technical support for IFAs.’

Contact Sovereign Trust for more details of how to access this unique facility.

ENDS

Enquiries to: Rob Shipman
ci@SovereignGroup.com
Sovereign Trust (Channel Islands) Limited
Tel: +44 (0)1481 729965
www.SovereignGroup.com

Tuesday, December 6, 2011

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.

Tuesday, November 8, 2011

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.

Monday, October 31, 2011

The advantage of a Trust owning your property

Intro:

Most people prefer not to think about what will happen to their property on death. However, failure to make proper plans can create real problems and cause great expense (including tax liabilities) for next of kin, problems that they will be forced to sort out at a time when they are emotionally upset and most vulnerable.

Making a will is a sensible way for an individual to put his or her affairs in order. However, the administration of a deceased’s estate can be costly (often around 4% of the total value of the estate), result in long delays (normally at least one year, even for a simple estate) and very often involve a large tax bill (inheritance tax or estate duty rates are often extremely onerous).

One alternative to making a will is to set up a trust during one’s lifetime. With careful planning this can eradicate delays, costs and taxes and provide other benefits such as protecting assets from future creditors or providing anonymity. For many reasons the use of trusts as a means of holding and passing on family wealth, even for modest estates, has increased dramatically in recent years.

So what is a TRUST?

The concept:

Unlike a company, a trust is not a legal entity. It is best described as a relationship; an arrangement whereby property is transferred from one person (the settlor) to another person (the trustee) who holds the property for the benefit of specified people or objects (the beneficiaries). A trust deed sets out the terms and conditions upon which the trustees must hold and administer the trust assets. The trust deed also sets out the rights and interests of the beneficiaries.

A trust can also be created by a will but if assets are "transferred" to trustees during lifetime they should be unaffected by the subsequent death of the settlor. Another word for "transfer" is "settle"; hence the transferor of the assets is called the settlor and the trust is often referred to as a "settlement".

Those unfamiliar with the trust concept may be concerned about transferring ownership of their property to a trustee. However, the duties of trustees have been developed over centuries through English equity and common law and are now in many cases codified in statute law. This law distinguishes between legal ownership (trust assets are held in the name of trustees) and beneficial ownership (only the beneficiaries may benefit from the assets). Further, even greater duties are imposed on professional trustees who, in reputable and well-regulated jurisdictions such as Gibraltar, for example, are required to be licensed.

Where can I set up a Trust?

Virtually all low tax or zero tax common law jurisdictions have some form of trust law. Gibraltar is at the forefront of best practice development in the area of trusts and was one of the first jurisdictions to introduce the regulation and supervision of trust companies. Professional trustees must be licensed under the Financial Services Ordinance 1989 and are regulated by the Financial Services Commission (FSC).

Gibraltar trust law is derived from English common law and the rules of equity, supplemented by certain legislation. Gibraltar’s Trustee Ordinance is based on the Trustee Act 1893. "Asset protection trusts" are also permitted although all trusts provide some element of asset protection.

CONFIDENTIALITY

Regulations require trustees to know the identity of the settlor and ultimate beneficiaries of a trust. This information is kept completely confidential. Disclosure to third parties is only required in very particular circumstances and must be accompanied by a court order.
In the case of asset protection trusts, the register maintained by the Registrar of Dispositions to record the transfer of assets to asset protection trusts is closed and its contents privileged.

TAXES

The vast majority of Gibraltar trusts are set up as discretionary trusts so that beneficiaries only have a contingent interest. The beneficiaries can therefore avoid any tax liability until assets are distributed to them.

Trust income is exempt from tax in Gibraltar if the trust is established by a non-resident, has no Gibraltar beneficiaries and derives no income locally (other than bank interest). The terms of the trust must expressly exclude Gibraltar residents from being beneficiaries.

ASSET PROTECTION TRUSTS

Asset protection trusts (APTs) are permitted in Gibraltar. These must be registered with the Register of Dispositions and require that:

the settlor is an individual
the settlor is not insolvent at the time of the disposition
the settlor does not become insolvent in consequence thereof
the disposition is registered.

If these requirements are satisfied the disposition will not be voidable by any creditor of the settlor and the application of the Fraudulent Conveyances Act and the Bankruptcy Ordinance are excluded.

Only professional trustees licensed by the FSC can act as trustees of APTs and an application fee of £300 is payable upon registering the trust and £100 is payable annually to maintain the registration.

So what are the main advantages of a TRUST?

Trusts can be very useful means of tax planning. They can be very flexible, even the settlor can continue to benefit from the trust assets, and have many other advantages including:

Asset protection

All trusts provide some element of asset protection but specifically see APTs above.

Tax planning

A properly established trust may produce substantial savings in income tax, capital gains tax and inheritance tax/estate duty.

Avoiding the expense and delays of probate

In common law jurisdictions the need to obtain a grant of representation (probate or letters of administration) before a deceased’s estate can be wound up and distributed can cause delay, expense, unwanted publicity and upheaval.

Confidentiality

There is no public register of trusts or trustees. The ownership of trust assets can remain entirely confidential in most circumstances.

Avoiding forced heirship

Forced heirship is a particular problem in continental Europe and other civil law jurisdictions, as well as in countries of Islamic tradition. A trust can be used to overcome forced heirship claims.

Estate planning

Many settlors prefer to make complex arrangements for the distribution of their assets. They may wish to provide a source of income for a spouse or make provision for the education of children. A trust is a very convenient and flexible method of making such arrangements.

Protecting the weak

A trust allows a person to provide for those who may be unable to manage their own affairs such as infant children, the aged or persons suffering from certain illnesses.

Preserving family assets

Preserving family assets against mismanagement or spendthrifts is a common motivation for establishing a trust. An individual may wish to ensure that wealth accumulated over a lifetime is not dissipated or divided up but is preserved as one fund. The fund can then accumulate further with provision for payments to members of the family as necessary, preserving some assets for later generations.

Continuing a family business

A settlor may want to ensure that the business he has built up will continue after his death. If the company shares are transferred into a trust prior to death the unnecessary liquidation of the family business can be prevented.

If family members have little business experience, the trustees could be instructed to retain the shares, keep the company running and provide payment to members of the family from dividend income.

Flexibility

A discretionary trust can provide a structure that is capable of rapid change as circumstances demand.

Property Holding

A portfolio of international property can all be held under one single Trust. In some circumstances, depending on local laws, a "local company" may be required to sit under the trust (i.e. it’s common for a Jebel Ali Offshore company to hold Dubai property, and have a Trust acting as a shareholder of the company).

For further details of the benefits of holding real estate through a trust and offshore company structure please ask for Sovereign’s property holding information sheet.

Trust services are principally provided by Sovereign Trust International Limited which is licensed as a professional trustee by the Financial Services Commission of Gibraltar – licence number FSC00143B, and Sovereign Trust (TCI) Limited which is licensed as a professional trustee by the Financial Services Commission of the Turks & Caicos Islands – licence number 029. Both companies are regulated and are covered by our professional indemnity insurance. Fees for establishing a suitably drafted trust and for the provision of trustee services will be quoted on a case-by-case basis. Please contact your nearest Sovereign office for a copy of our trust brochure and/or an exploratory discussion.

Whilst every effort has been made to ensure that the details contained herein are correct and up-to-date, it does not constitute legal or other professional advice. We do not accept any responsibility, legal or otherwise, for any error or omission.