1. Executive Summary

Limited Liability Companies (“LLC”) are commonly used in the United States of America (“US”) as structures for trading businesses, holding vehicles and special purpose vehicles in finance and investment structures. The US LLC is recognised as providing a flexible hybrid structure, combining features of both US corporations and partnerships. A LLC may be formed for any lawful business purpose, or activity, whether or not for profit.

They offer legal personality and limited liability in a tax transparent structure with, in many jurisdictions, the opportunity to elect to be taxed in the same way as a corporation.

This consultation paper is being issued to seek feedback on the merits, and potential economic benefits, of enacting LLC legislation in Guernsey (the “Proposal”).

The Committee for Economic Development (the “Committee”) is launching this consultation in order to:

i) understand the level of demand for LLC legislation in Guernsey;

ii) seek to identify the potential economic benefits to the island, in respect of the introduction of LLC’s to Guernsey;

iii) gather information, views and evidence, which will allow an informed decision to be made regarding potential policy proposals; and

iv) seek feedback on the core features that should be included, if such legislation were to be enacted.

The Committee invites comments from all businesses, stakeholders, consumers, industry associations, practitioners and any other interested parties in respect of the Proposal. Recipients are invited to respond to all, or some, of the questions at their discretion.

Responses will be considered, by the Committee, with a view to further developing the Proposal.

Closing date: 18th September 2019