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Jersey – thriving in the face of complex challenges & change 1 / 11 SANNEGROUP.COM Issue 15 | October 2019 MAKING THE DIFFERENCE FOR OUR CLIENTS

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Page 1: Jersey thriving in the face of complex challenges & change...to predict. Weighing up where financial growth might be sourced, Jersey is well positioned to manage capital flows from

Jersey – thriving in the face of complex challenges & change

1 / 11

SANNEGROUP.COMIssue 15 | October 2019

MAKING THE DIFFERENCE FOR OUR CLIENTS

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SANNEGROUP.COM

MAKING THE DIFFERENCE FOR OUR CLIENTS

The Jersey roundtable gathered leading industry experts from a wide range of sectors that included #######.

Our panel was chaired by #####, and included the following experts:

> Brij Bhushan Assistant Vice President Finance HSBC Retail Banking & Wealth Management

> Siddharth Shah Partner Khaitan & Co

> Rashmi Guptey Chief Financial Officer Lightbox India Advisors

> Dr. Ramakrishna Sithanen Chairman and Director SANNE

> Brij Bhushan Assistant Vice President Finance HSBC Retail Banking & Wealth Management

> Siddharth Shah Partner Khaitan & Co

Welcome to our 15th issue of Connect,

SANNE’s regular, technical bulletin for

fund managers, their intermediaries and

investors.

Ranked as a leading International Financial Centre, an

increasing number of businesses are relocating to Jersey,

citing its business environment and highly skilled

professionals as the motivating factors. Together with

prominent industry experts, SANNE hosted a technical

roundtable to explore the steps implemented to enhance

Jersey’s attractiveness to international fund managers.

The Jersey panel was moderated by Caroline Burkart,

Associate Partner at Scorpio Partnership and included the

following experts:

> Ashley Vardon – Director, Private Equity at SANNE

> Jonathan Ferrara – Managing Director at SANNE

> Jonathan Freeman – Chair of the Jersey Association of

Directors & Officers

> Martin Moloney – Director General at the Jersey Financial

Services Commission

> Martin Paul – Partner at Bedell Cristin

> Miguel Arraya – Professional Independent Non-Executive

Director and Principal at MFA Consulting Limited

> Tim Morgan – Partner at Mourant Ozannes

Various industry authorities have shone a light on

International Finance Centres. Governments and revenue

authorities are increasingly calling for a number of

regulatory changes for structures to be compliant and

more transparent. In light of these changes, the three key

themes under discussion by our expert panel include:

> How is Jersey growing and how is its role as a financial centre changing?

> What impact will Brexit have and what are the opportunities for Jersey?

> How is Jersey positioned internationally and what challenges does it face?

In this special edition of SANNE Connect we hear the latest

insights affecting the industry, its practitioners and their

clients. I do hope you find the read insightful.

Jonathan FerraraManaging Director – Channel Islands

SANNE

e. [email protected]

Panelists (above): pictured left to right.Tim Morgan, Ashley Vardon, Martin Maloney, Caroline Burkart, Miguel Arraya, Jonathan Ferrara, Jonathan Freeman

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KEY TOPICS

> What is the situation today in Jersey?

> What are Jersey’s USPs?

> The road ahead

Latest developments on the Island

Jersey’s reputation is long-standing and has certainly

evolved over time from a retail-focused environment

through to having a core capability centred on fund

administration for alternatives and institutional investors.

Underpinning this reputation is a strong professional

services infrastructure and concentrated

Jersey has traditionally adopted a

future-focused view. A philosophy that

has proved to be a winning formula

given the uncertain world we live in.

Jersey thriving as an International Financial Centre

The skills and talent of the island’s workforce have built up over

time and transferred well into fund administration, from the

structuring level up to relationship management. This is

complemented by increased automation and broader solutions

the industry can offer.

MAKING THE DIFFERENCE FOR OUR CLIENTS

expertise, which position Jersey advantageously among

other jurisdictions. Just 30 years ago, the island’s financial

services sector was mostly focused on the provision of

offshore banking and associated products for private wealth.

In more recent times, the fund administration business has

become very important to the island’s economy.

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Jersey’s USPs

With the active management sector facing an

intensifying threat from passive investing, Jersey is

nonetheless proving adaptable. The island is indeed

taking advantage of increasing investor demand for

alternatives.

The island certainly benefits from a strong reputation

built up within the financial world, which continues to

attract business as a result of past experience. If fund

managers have had a good experience with previous

structuring and fund services provided, the chances are

they will continue to use Jersey as a jurisdiction going

forward.

Miguel Arraya, Professional Independent Non-Executive

Director and Principal at MFA Consulting Limited

highlighted, “One also has to look outside Jersey to

identify major trends in the asset management market

that have had a mixed impact on financial services in the

Channel Islands. We have seen the disruptive bifurcation

away from traditional active management to passive on

one hand, which has been negative and then really

complex alternatives on the other hand, which has been

positive. Both Jersey and Guernsey have been quick to

recognise these trends and innovate in the structuring

and administration of alternative funds.”

As an independent non-executive director and Chair of

the Jersey Association of Directors & Officers, Jonathan

Freeman comments, “Jersey has been a very useful

incubator for a lot of work types. There has been a

gradual evolution of the fund structuring model, from

the partnership structure in the early 1990s towards a far

more transparent yet complex approach today. It’s true

that some very cutting edge structuring has been done

here over the years.”

“Different managers have entered the market and they

want to look at jurisdictions to help support their business.

In addition to Jersey providing structuring solutions in a

well regulated environment, if managers don’t have certain

skills in-house they’ll look to outsource, and that is also

where Jersey can add value. Jersey has demonstrated over

a sustained period that it can support managers with their

business and as alternative products have grown, new

entrants have come to the market. In addition, existing

managers who established funds 10-20 years ago have

continued to launch bigger funds, increasing their footprint

in the alternatives market place, and in turn Jersey’s assets

under administration,” Ashley Vardon, Director, Private

Equity at SANNE.

MAKING THE DIFFERENCE FOR OUR CLIENTS

“Jersey has a great depth of skilled people at

all levels. The funds business has become

important to the island’s economy, in respect

of the size and the growth that has occurred

recently. It has been well supported by the

expertise and skills that have been built up

over time.” JONATHAN FERRARA

Businesses have also been supported by the growth in the

alternative asset sector. As investors have sought higher

yields and turned to other options for growth, away from

listed securities, alternative markets have expanded.

Ashley VardonDirector, Private Equity

SANNE

e. [email protected]

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“The trick for a small capacity constrained

jurisdiction is to ensure that it has close

alignments and the best partnerships to keep

abreast with what is going on globally. The

answer will always be to draw on wider

relationships and choosing where we can add

the most value as a jurisdiction.” TIM MORGAN

For the jurisdiction to remain nimble and leverage

opportunities, it must have seamless technology, which can

be challenging at a time of fee compression. For Jersey to

continue to act as a nexus for global commercial

arrangements, it must nurture advisory talent that can work

with leading asset class advisors around the world.

Tim MorganPartner

Mourant Ozannes

e. [email protected]

“Jersey has adapted its service and product

offerings well in response to regulatory change

and evolving demand. That will need to

continue – and adapting to new markets and

following global trends in relation to the

sources and deployment of capital will be

vitally important.” MARTIN PAUL

There will always be risks associated with being a fast

mover (or occasionally, fast follower) into new product

areas. There is also a certain risk profile that comes with

being the first into a market or product so the benefits

versus the risk have to be considered carefully. Alongside

this sits the challenge of having the right quality of people

on board to manage and understand the risk. Innovation

and risk go hand in hand, but the need to manage this

carefully and be aware of the landscape is essential.

While firms on the island do not necessarily need to be

first in the game, it is important to be seen as agile and

demonstrate agility in adapting to a fast-changing

environment as firms are heavily reliant on their talent, in

addition to robust technology platforms.

“It’s partly habit but it’s also more than that.

It’s about what works, relationships and

confidence. Fund managers want to work with

service providers they know well and will tend to

do things the same way they did before, and will

use the structure again if it worked well first time

around. Knowing that Jersey has excellent service

providers and directors gives managers confidence

to continue to use Jersey.” MIGUEL ARRAYA

Miguel ArrayaProfessional Independent Non-Executive Director and Principal

MFA Consulting Limited

e. [email protected]

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SANNEGROUP.COM

There is undoubtedly an advantage to being a first mover,

as fund managers will tend to use what has worked

previously.

Having a niche sector focus did not stop Jersey a decade

ago from extending its reach from private wealth into

transactional and regulatory expertise against the

backdrop of the global financial crisis.

Ashley Vardon, Director, Private Equity at SANNE

comments: “Diversification is such an important point.

One of the reasons Jersey has been so successful through

a turbulent period in the last decade is because it has

adapted to changes in the market place and has looked to

grow its skill set as a result. If you look at the growth of

expertise Jersey has obtained in supporting Shari’ah

compliant structures and how Jersey has grown on the

global stage, with US Managers using Jersey on the rise,

these are examples of how Jersey is developing as an IFC

outside of the EU. This growth has been supported by

changes in legislation and introducing new products

such as PCCs and LLCs.”

The road ahead

With several advantages relative to its European

neighbours, the future for Jersey as an international

financial centre looks bright but is simultaneously difficult

to predict. Weighing up where financial growth might be

sourced, Jersey is well positioned to manage capital flows

from the US to Asia, however, it may be less of a contender

if significant future growth were to come from Africa.

“Jersey's expertise in alternatives is

impressive, and that is important for

managing the risks attached, by definition, in

this asset class. Out of necessity, we manage

a significant amount of uncertainty around

our future prosperity because we are

specialists in certain areas. But that's the flip

side of creating the prosperity that attracts

people here in the first place.” MARTIN MOLONEY

The seamless tri-party relationship between industry,

regulator and the Government in Jersey is essential to

facilitate market access in any scenario.

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The fund industry in Jersey had its operational issues well

addressed and money has been spent on contingency

planning, so short term business could be relatively stable,

however, the longer-term impacts are less obvious,

particularly as banks and fund managers have created plans

that leave them opportunities to move in a variety of

directions, but with several layers of complexity.

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“The most interesting aspect here is to think

about the longer term and the idea of optionality

about where business is located, which is being

kept open by so many of the large financial

institutions. Many of those are Jersey’s clients.

It is noteworthy to look at how to keep a similar

level of optionality open for Jersey as a

jurisdiction with regard to our profile as a

financial centre.” MARTIN MOLONEY

What is the macroeconomic impact on Jersey?

Despite headwinds, our expert panel point to Jersey’s

globally-diversified economy, with capital coming from

Asia, the Middle East and the United States – often

bypassing continental Europe. On the operational side,

firms have had years to create transitional frameworks

and spend on contingency planning.

Many of the long-term affects will depend on the

structural choices made by international investment

banks and asset managers, whose relocation plans are

still ambiguous.

A no-deal exit would have a negative impact on the UK economy, with inevitable consequences for Jersey’s financial services industry. In the short-term, the major factors that will have an impact are asset valuations, interest and exchange rates.

Martin MoloneyDirector General

Jersey Financial Services Commission

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Brexit: Threat or opportunity?

The ongoing relationship between the EU27 and the UK

outside the European Union infrastructure could

determine their final choices, suggesting that the

consequences of Brexit would be felt long after the

notional deadline of 31 October 2019.

> What is the macroeconomic impact on Jersey?

> Where can fund managers seek new opportunities?

KEY TOPICS

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It is important that Jersey does not simply assume that

because it has always won business for certain areas of

expertise, that it will continue to do so. The island has

always had a significant relationship with the UK, and a lot of

advisors in the UK use Jersey for deal structuring. Going

forward it will be important to leverage relationships with

clients from all over the world, not just close to home, to

encourage investors to consider Jersey and its expertise.

To promote itself more proactively as an international

financial centre, Jersey will have to strengthen its

competitive advantage regionally. It will need to win

business away from Singapore in Asia and from the

Cayman Islands in the Americas.

Tim Morgan, Partner at Jersey law firm Mourant

Ozannes, says there is more work to be done if Jersey is

to sharpen its competitive edge globally.

“The question is, why would I refer business to Jersey

rather than build up a jurisdiction, particularly if we look

at the natural constraints. Jersey, for example, has

population constraints. After all, there are only so many

people there to do what we can do. Certainly, we need

to make sure we’re not overly-dependent on one area,

just like we’re not overly-dependent on one asset. We

need to mine our existing client base, so they use us

when they’re in other jurisdictions.”

Whether Jersey should be governed by European Union

norms after Brexit is a key decision for the island to make in

the coming years. Jersey should continue to benefit from

several unique features, such as its recognised expertise in

real estate structuring.

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New opportunities

For Jersey to thrive in a post-Brexit future, the jurisdiction

must remain an obvious contender in the minds of clients.

“Jersey's relationship with national and

international standard-setters are going to be

very important. We will need to maintain a

positive relationship with the EU, recognising

the EU's ability to set the tone around legal and

regulation issues. But Jersey must also be open

to the world, and be ready to adapt, preparing

for and responding to change in the manner of

a large international financial institution.”

MARTIN PAUL

Martin PaulPartner

Bedell Cristin

e. [email protected]

“Looking at opportunity in Asia, there tends to

be a nexus that will give Jersey a reason to add

value. Taking UK real estate as an example –

Jersey is a highly regarded solution for investing

global money into real estate. It is almost

certainly one of the best solutions and there is

very high awareness in the Asia market as to how

successful Jersey is for those kinds of deals.”

JONATHAN FREEMAN

Jonathan FreemanIndependent Non-Executive Director and Chair of the Jersey Association of Directors & Officers

e. [email protected]

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SANNEGROUP.COM

Workforce agility

Turning to Jersey’s talent pool, fund managers on

the island are in a continuous dialogue over

whether there are sufficient skilled resources

available to support future growth.

There is an emerging realisation that firms will

have to do more to nurture talent. A few of the

experts shared the plans they are putting into

practice.

KEY TOPICS

> How do agile workforces generate value?

> What is the price for high-quality talent?

Jersey’s talent pool: Is accelerated growth

feasible?

“In our organisation, we’re encouraging

people to move between different roles and

different types of business, encouraging them

to develop transferable skills and gain new

knowledge as they move across private

equity, real estate and debt, for example.

Those people remain specialist in their areas

when they need to be, but that doesn’t

prevent them from gaining more knowledge

by moving across.” JONATHAN FERRARA

Today’s market is constantly evolving, having a nimbler, agile

business will help to better align with clients. It was agreed

by all panelists that a well-trained, knowledgeable and skilled

workforce coupled with offering good value for money, was

key to keeping a trusted reputation on the international

stage.

The price for high-quality talent

Our expert panel confirmed that both hiring and training

costs are rising in Jersey, which presents a challenge in

terms of total cost of doing business. The industry will

have a delicate balancing-act in future, as it must

continuously invest to enhance its reputation for skilled

talent and high-quality service, without compromising

on offering good value to international clients.

“Some of our competitor jurisdictions are

increasingly known for being extremely

expensive. Part of our job is to ensure we’re

always giving clients a better value

proposition. It is so important that a new

client’s first contact with the jurisdiction is a

good experience, indicating expertise and

value.” TIM MORGAN

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AMERICAS

BVI*

Cayman Islands*

New York

San Diego

EMEA

Belgrade

Cape Town

Dubai

Dublin

Frankfurt*

GuernseyJersey

London

Luxembourg

Madrid

Malta

Mauritius

Netherlands

Paris

ASIA-PACIFIC

Hong Kong

Japan

Mumbai

Shanghai

Singapore

Tokyo*Affiliated partner

More than 1,600 people worldwide

FTSE 250 listed business

In excess of £250bn AUA

SANNE has undertaken to engage with all of the markets in which it operates to share knowledge, collaborate with peers and hear from industry leaders as to their thoughts on the key issues and topics affecting the industry and its practitioners.

Established for over 30 years and listed on the Main

Market of the London Stock Exchange, SANNE has more

than 1,600 employees worldwide and has in excess of £250

billion assets under administration. Our network of offices

provide global managers with highly skilled and director-led

teams of asset class specialists.

As a leading global provider of alternative asset and

corporate services we are delighted to announce that we

have further extended our global reach with the opening of

our new office in Mumbai, India. With existing offices in 20

leading international finance centres, SANNE now has a

local presence in one of the world’s fastest growing

alternative markets.

Global alternative asset and corporate administration done differently

Should you wish to find out more about our services and operations please speak to us, we would be delighted to hear from you.

“We take great pride in understanding the unique needs of each individual clients to create tailored business solutions.” JONATHAN FERRARA

ASHLEY VARDONDirector, Private Equity (Funds)

Jersey

t. +44 (0) 1534 702184

e. [email protected]

JONATHAN FERRARAManaging Director

Channel Islands

t. +44 (0) 1534 755023

e. [email protected]

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To find out more about SANNE, please email Jonathan Ferrara, Managing Director – Channel Islands, [email protected] or alternatively visit us online, sannegroup.com

Information on Sanne and its regulators can be accessed via sannegroup.com

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EDITOR: Sivani Pillay – Marketing & Communications ManagerDESIGN: Kieran Blake – Marketing Administrator