The team works with asset managers, corporates and investors which are looking to incorporate environmental, social and governance (ESG) factors into their operations and/or investment processes.
Ogier is the first offshore law firm to establish a dedicated Sustainable Investing and Impact Funds practice, committed to providing thought leadership in this area. Many of our practitioners continue to take part in shaping the responses of our jurisdictions to assist in green, community and good governance initiatives in the finance industry through involvement in governmental, regulatory and industry groups. We are in a unique position to be able to offer cross-jurisdictional advice covering each of BVI, Cayman, Guernsey, Jersey, and Luxembourg laws.
In recent years we have witnessed global momentum building in green and sustainable finance particularly since the 2015 Paris Agreement on climate change, which called for "making finance flows consistent with a pathway towards low greenhouse gas emissions and climate-resilient development". This has been evidence by the creation of FC4S by the UN, members of which include Guernsey and Luxembourg, and specific initiatives taken by individual jurisdictions, including Guernsey's Green Finance Initiative with its strong links to the UK's Green Finance.
In Luxembourg, LuxFLAG, the Luxembourg-based labeling agency, launched the Climate Finance Label in 2016 and the Green Bond Label in 2017 in order to improve the transparency of climate and green investments and to encourage investor confidence in this market. In 2016, the Luxembourg government joined forces with the European Investment Bank (EIB) to create the Luxembourg-EIB Climate Finance Platform, aimed at catalyzing investments in climate action projects.
In 2005 the United Nations created the Principles for Responsible Investment to encourage institutional investors to commit to incorporating ESG factors into investment decisions in order to better manage risk and generate sustainable long term returns. As the understanding of the benefit of incorporating ESG considerations into investment strategies has grown, we have witnessed investors move beyond simple inclusion/exclusion portfolio decisions to strategies that assess and mitigate the ESG impact of all assets in the portfolio. In addition, impact investing has become increasing important for our private equity clients as allocators have put greater emphasis on incorporating ESG assessments into their investment decision making processes, recognising the links between sustainability, long term asset growth and resilience of the global financial system.
The sustainability agenda is now touching every element of industry and commerce and there is demand for initiatives and innovation at every level from individuals and households, to governments, corporates and global institutions.
At Ogier we recognise that there is no one size fits all approach when it comes to responsible or sustainable investing and Ogier endeavours to provide tailored advice according to the needs of its clients.
Ogier is not simply outward looking in terms of its approach to sustainability, it also carries out a number of grassroots environmental initiatives through our local Greenteams.
Advising on the structuring of investment funds, choice of domicile as well as advising on the ongoing fund operation and related regulatory advice.
Green & ESG fund labels
Advising on recognised green & ESG fund designations such as under:
- the LuxFlag Environment Label or LuxFlag Climate Label; and
- the Guernsey Green Fund.
We also advise on disclosures related to the ESG considerations undertaken by funds and managers in their operations and management strategies.
Advising on fiduciary duties of directors, including in connection with ESG considerations.
Advice on the governance of funds and asset managers including:
- anti-bribery and corruption
- anti-money laundering (AML) and reporting obligations
- responsible outsourcing
- data protection
- regulatory training and audit
- applicable economic substance compliance
- drafting ESG policies and guidelines
The International Stock Exchange (TISE) Green segment
Advising on the listing of debt and equity securities on the TISE green segment
Luxembourg Green Exchange
Advising on the listing of securities on the Luxembourg Green Exchange
Guernsey Green Fund
Advising on fund documentation and the portfolio and governance requirements to obtain a Guernsey Green Fund designation.
Ogier CSR activities
To read more about our CSR policy click here
To view examples of Ogier's CSR activities click here