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At Invest '13 Philip Canessa, Senior Finance Centre Executive at the Gibraltar Finance Centre addressed Conference. "Gibraltar - a unique AIFM jurisdiction within the EU". #gibraltarfinancecentre #gibraltar #AIFMD #funds
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Gibraltar
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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
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Gibraltar in brief
DIVERSIFIED ECONOMY
Financial services
e-gaming
Shipping and port services
Tourism
Pound Sterling (GBP) currency
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Gibraltar in brief
WORKFORCE
Highly educated and trained
Reasonable costs
No job quotas
No restrictions for EU nationals
Also applies to Swiss citizens
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Gibraltar & the EU
EU Treaties applicable to Gibraltar
Exemptions from:
VAT
Customs Union
Common Agriculture Policy
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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
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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
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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
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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
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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
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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 re-
domiciled to Gibraltar with the regulator’s
permission
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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
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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
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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
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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
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Increased Business Activity
Asset management
Funds administration
Swiss portfolio managers
Insurance
Private banking
Derivatives, securities and commodities
trading
Securitisation and repackaging
e-Gaming
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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
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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
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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
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Property in Gibraltar
Modern office accommodation
High quality residential accommodation
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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
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Further Information
Finance Centre, Gibraltar
Responsible for the development of new business
A centralised source of information and direction
Tel: +(350) 200 50011
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