Financial Services
(Investment Business (Fund Services Business Exemption)) (Jersey) Order 2007
Made 13th November 2007
Coming into force 14th
November 2007
THE MINISTER FOR ECONOMIC DEVELOPMENT, in pursuance of Articles 4 and 42 of the
Financial Services (Jersey) Law 1998[1] and on the recommendation of the Jersey
Financial Services Commission, orders as follows –
1 Schedule
2 amended
In the Financial Services (Jersey) Law 1998, in Schedule 2, in
Part 1, for paragraph 3 there shall be substituted the following
paragraphs –
“3 Certain
persons regulated under the Collective Investment Funds (Jersey) Law 1988
1. The carrying on, by a company
issuing units that is a recognized fund, of the activities of a functionary,
within the meaning of the Schedule to the Collective Investment Funds (Jersey)
Law 1988[2], under the
functionary’s permit granted under that Law.
2. The carrying on by a person
(other than a company issuing units within the meaning of the Collective
Investment Funds (Jersey) Law 1988), in relation to a recognized fund, of the
activities of a functionary, within the meaning of the Schedule to that Law,
under the functionary’s permit granted under that Law.
3. The carrying on, by a company
issuing units that is an unclassified fund, of the activities of a functionary,
within the meaning of the Schedule to the Collective Investment Funds (Jersey)
Law 1988, under the functionary’s permit granted under that Law.
3A Persons
registered to carry on fund services business
The carrying on of fund
services business by a person who is registered under this Law to do so.
3B Certain
overseas distributors
(1) The following activities –
(a) a specified transaction when carried out by
an overseas person;
(b) a specified transaction when carried out
with an overseas person; or
(c) the publication in Jersey by an overseas
person of an advertisement that –
(i) complies
with an Order made under Article 31 of this Law, and
(ii) solicits
a person in Jersey to enter into a specified transaction.
(2) In this paragraph ‘overseas
person’ means a person who –
(a) has no place of business in Jersey from
which he or she carries on fund services business in or from Jersey; and
(b) is not a company incorporated in Jersey.
(3) Except as otherwise provided, in this
paragraph ‘specified transaction’ means a transaction amounting to
fund services business by virtue of
which an overseas person –
(a) deals with a person in Jersey;
(b) acts as an agent for a person in Jersey;
(c) carries out discretionary management
activities for a person in Jersey; or
(d) provides advice to a person in Jersey.
(4) A transaction is only a ‘specified
transaction’ for the purposes of this paragraph if the transaction came
about by virtue of –
(a) an approach made by or on behalf of the
person in Jersey to the overseas person that –
(i) was
not solicited by the overseas person, or
(ii) was
solicited by the overseas person by an advertisement that complied with any
Order made under Article 31 of this Law; or
(b) an approach made by the overseas person by
an advertisement that complied with any Order made under Article 31 of this
Law.
(5) A transaction is only a ‘specified
transaction’ for the purposes of this paragraph if –
(a) the overseas person has his or her head
office in a country where he or she is supervised in respect of fund services
business by a relevant supervisory authority in that country; and
(b) the overseas person when dealing with the
person in Jersey does so in accordance with the relevant standards expected of
registered persons as specified in any Code of Practice in relation to fund
services business that is issued by the Commission.
(6) A transaction is only a ‘specified
transaction’ for the purposes of this paragraph if it relates to any of
the following –
(a) an authorized investment scheme within the
meaning of the European Communities (Undertakings for Collective Investment in
Transferable Securities) Regulations 1989 of the United Kingdom;
(b) an authorized unit trust, or authorized
open-ended investment company, within the meaning of the Financial Services and
Markets Act 2000 of the United Kingdom;
(c) a collective investment fund classified as a
Class A Scheme under the Protection of Investors (Bailiwick of Guernsey) Law,
1987 of the Bailiwick of Guernsey;
(d) a collective investment fund that is
authorized under the Financial Supervision Act 1988 of the Isle of Man.
(7) A transaction that requires the overseas
person to act as an agent for the person in Jersey in respect of an agreement
with another person is only a ‘specified transaction’ for the
purposes of this paragraph if –
(a) that other person is outside Jersey; or
(b) if that other person is in Jersey, if the
agreement came about by virtue of –
(i) an
approach made by or on behalf of the first person to that other person in
Jersey that –
(A) was not solicited by that other person in Jersey,
or
(B) was solicited by that other person in Jersey
by an advertisement that complied with any Order made under Article 31 of
this Law; or
(ii) an
approach made by that other person in Jersey by an advertisement that complied
with any Order made under Article 31 of this Law.”.
2 Citation
and commencement
(1) This
Order may be cited as the Financial Services (Investment Business (Fund
Services Business Exemption)) (Jersey) Order 2007.
(2) This
Order shall come into force on the day on which the Financial Services
(Amendment of Law) (No. 2) (Jersey) Regulations 2007[3] come into force.
senator p.f.c. ozouf
Minister for Economic
Development