Page 1

Gibraltar a unique AIFM jurisdiction within the EU by Philip Canessa, Gibraltar Finance Centre


Gibraltar in brief  Peninsula linked to southern Spain  UK Overseas Territory  Self-Governing  Self-financing  Population: 30,000  English common law system


Gibraltar in brief  DIVERSIFIED ECONOMY  Financial services  e-gaming  Shipping and port services  Tourism  Pound Sterling (GBP) currency


Gibraltar in brief  WORKFORCE  Highly educated and trained  Reasonable costs  No job quotas

 No restrictions for EU nationals  Also applies to Swiss citizens


Gibraltar & the EU  EU Treaties applicable to Gibraltar  Exemptions from:  VAT  Customs Union

 Common Agriculture Policy


Why Gibraltar?  International financial centre within the EU and the single market Passporting of financial services Responsive whilst regulated to EU and UK standards

Favourable fiscal regime High-quality infrastructure High-quality lifestyle


Regulation in Gibraltar  Financial services regulation matching EU and UK standards  The Financial Services Commission (FSC) is a wholly independent regulatory authority

 Periodic audits of legislation and supervisory standards in FSC by UK experts


Exploding the myths  NO POLITICAL RISK  British for over 300 years  Constitutional guarantees on Gibraltar’s sovereignty  Recently restated by David Cameron, British Prime Minister


Exploding the myths  REPUTATIONAL RISK  Implementation of UK standards and EU Directives  FSC is a model regulator  Gibraltar is FATF and IMF reviewed  US FATCA / UK FATCA / E5 Pilot programme  TIEAs and Multilateral convention  Tax evasion - criminal offence


Experienced Investor Fund regime  pre-launch approval mechanism  no investment or borrowing restrictions  fund may be self-managed  expedited start-up process and competitive start-up costs  no limit to number of investors  reasonable ongoing operating costs  tax neutrality


Experienced Investor  a person or partnership whose business is investing or providing investment advice  a body corporate with net assets > €1M, or part of a group with net asets > €1M  the trustee of a trust with trust assets > €1M  an individual whose net worth is > €1M  a participant who invests a minimum of €50,000 in an EIF and has been professionally advised  a professional investor, as defined under the Financial Services (Markets in Financial Instruments) Act 2006  a participant in a fund that has redomiciled to Gibraltar with the regulator’s permission 11

AIFMD–why Gibraltar?  fully compliant in respect of EU business and fund legislation  investment firms will be able to comply with AIFMD and avail themselves of the European passport and market across member states  quick and efficient regulatory process  tax of 10% on profits of investment managers  professionals can apply for a specialist tax category limiting annual personal tax to GBP 30,000 12

Gibraltar’s Budget June 2013  GDP growth touching 7.8% per annum  Ranked in the top 20 in global terms of GDP growth and placed in the top 10 ranking of GDP per capita  Gross public debt has been reduced to 27.5% and has been forecast to reduce further during the current financial year  Net public debt stands at c.24% of GDP  Budget surplus for financial year 2012/2013 is forecast to be a record  Investment in capital projects include a new airport terminal and a UEFA standard stadium 13

Powerful Tax Package  10% corporate tax  25% maximum effective tax rate for individuals  No tax on investment income  No capital gains tax  No wealth tax  No inheritance tax  No estate duty  No VAT  No exchange control


Single Market Freedom  Investment Services

 Banking and Insurance  Freedom of establishment  Freedom of services

 No separate licensing procedures  Real benefits to institutions with targets in EEA territories


Increased Business Activity  Asset management

 Funds administration  Swiss portfolio managers  Insurance  Private banking  Derivatives, securities and commodities trading  Securitisation and repackaging  e-Gaming


High Net Worth Individualss  Appropriate accommodation in Gibraltar for their exclusive use  Not resident in Gibraltar for the previous five years  Tax GBP24,000 min., c.GBP30,000 max.  Revised regulations provide more flexibility on residence, permitted activities and for spouses of HNWI’s


Legal System  Only common law jurisdiction in continental Europe (courts, statutes and principles of equity based on English law)  Very well developed expertise (funds, trusts, company management and private banking)

 Separate and distinct jurisdiction  Own legislature  Business understanding of civil law systems


Professional Services  16 Banks  27 Investment firms  “Big Four” audit accounting firms  International and UK qualified lawyers  55 Insurance companies  68 Company managers / professional trustees

 4 e-Money firms


Property in Gibraltar ďƒŚ Modern office accommodation ďƒŚ High quality residential accommodation


Gibraltar Lifestyle  Average 300 days of sunshine per annum  c. 3 million expatriates live in and around the Iberian peninsula  Golf, polo, sailing, skiing, the perfect location for all sports  60 top class golf courses in the region, most very near to Gibraltar


Further Information  Finance Centre, Gibraltar

 Responsible for the development of new business  A centralised source of information and direction

 Tel: +(350) 200 50011 


Invest '13 Philip Canessa's presentation  

At Invest '13 Philip Canessa, Senior Finance Centre Executive at the Gibraltar Finance Centre addressed Conference. "Gibraltar - a unique A...