Discretionary Exemption from Licensing

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Applicable law

Exemption from licensing is issued under the Regulation of Fiduciaries, Administration Businesses and Company Directors, etc. (Bailiwick of Guernsey) Law, 2020 (“the Law”). 

Application pack

The exemption application pack must contain:

Application form and supporting documentation: Scan the fully completed application form signed and dated by the relevant officers of the applicant and supporting documentation, as itemised in the application form, together with an explanatory covering letter scheduling the contents and send electronically to [email protected].

Application for exemption: Corporate and Personal

Application Form for Exemption for Corporate and Personal  

Application for exemption: Private Trust Company

Application Form for Exemption for Private Trust Company

Application for exemption: Pension Scheme or Gratuity Scheme

Application Form for Exemption for Pension Scheme or Gratuity Scheme

Application fee

The fee is non-refundable;  Fees

Application process

We will assess and review the application pack and inform the applicant, or its professional advisers, of any matters requiring expansion and/or clarification. Once all queries have been satisfied, the application will be referred to a decision-maker. A formal response will follow decision-making.

Please note that, since October 2019, all discretionary exemption approvals have been issued with a 3 year time limit. Further information on the renewal process can be found in the news item published on 1 October 2019.

Time frame

Indicative timeframe

Exemption from Primary Fiduciary Licence: Within 14 calendar days of receipt of the application we will advise as to whether the submission is complete or requires further expansion and/or clarification. If the submission is complete, we aim to grant or refuse an exemption within 14 calendar days of receipt of the fully completed application pack.

Exemption from Personal Fiduciary Licence: Within 7 calendar days of receipt of the application we will advise whether the submission is complete or requires further expansion and/or clarification. If the submission is complete, we aim to grant or refuse an exemption within 7 calendar days of receipt of the fully completed application pack.

Exemption from Private Trust Company Licence: Within 14 calendar days of receipt of the application we will advise as to whether the submission is complete or requires further expansion and/or clarification. If the submission is complete, we aim to grant or refuse an exemption within 14 calendar days of receipt of the fully completed application pack.

Application quality

The response time may be advanced or substantially delayed depending on the quality of the submitted application pack.

Written response

We will send a written response detailing any matters that require expansion and/or clarification to enable the application to be referred to a decision-maker.

Application conclusion

Exemption granted

Successful applicants will be issued with an exemption by way of a letter.

Conditions

Any conditions which may be imposed on the exemption will be scheduled in the letter.

Annual fee

None.