Jersey -- Securities Classification Regulatory Overview
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RESEARCH: Jersey Cryptocurrency and Digital Asset Securities Regulatory Requirements
Executive Summary
- The Jersey Financial Services Commission (JFSC) is the sole regulator for cryptocurrency and digital asset securities in Jersey, operating under the Island's bespoke regulatory framework. Jersey Financial Services Commission
- Jersey has a fully operational virtual asset regulatory regime, with the primary legal instruments being the Proceeds of Crime (Jersey) Law 1999 and the Virtual Asset Service Providers (Jersey) Law 2021, which require licensing for businesses conducting virtual asset activities. Jersey Legal Information Board
- The JFSC operates a licensing regime for Virtual Asset Service Providers (VASPs), with multiple entities having successfully obtained registration, making Jersey a functional jurisdiction for compliant crypto businesses. Jersey Financial Services Commission
- The regulatory framework is aligned with international standards, with Jersey holding FATF membership status and being rated as "largely compliant" by that body. FATF
- Practical reality is that Jersey is a credible but niche jurisdiction for digital asset businesses, with a rigorous application process, relatively high costs, and a strong institutional preference for established financial services firms. Deloitte Jersey
Regulatory Framework
- The primary regulator is the Jersey Financial Services Commission (JFSC), an independent body established under the Financial Services Commission (Jersey) Law 1998, with statutory responsibility for regulation of financial services including virtual assets. Jersey Financial Services Commission
- The JFSC maintains a specialist Digital Assets team and a dedicated Digital Assets Policy Unit, reflecting the Island's strategic commitment to this sector, and publishes formal guidance on its interpretation of the virtual asset regime. Jersey Financial Services Commission
- The core legislation is the Virtual Asset Service Providers (Jersey) Law 2021 (VASP Law), which came into force on 1 July 2023, creating a mandatory registration and supervision framework for anyone carrying on a virtual asset service business in or from within Jersey. Jersey Legal Information Board
- The VASP Law is supplemented by the Proceeds of Crime (Virtual Asset Service Providers) (Jersey) Order 2023, which extends in full the Money Laundering (Jersey) Order 2008 ('MLO') to registered VASPs, and the Money Laundering (Amendment—Jersey) Regulations 2023 which amend the primary AML legislation. Jersey Legal Information Board
- For entities that are already supervised by the JFSC under other existing laws (e.g., banks, fund managers, trust companies), those entities require a variation of permission from the JFSC to conduct any virtual asset activity, rather than a standalone VASP registration, under the Financial Services (Jersey) Law 1998. Jersey Financial Services Commission
- Jersey is a Full Member of the Financial Action Task Force (FATF), and its 2019 Mutual Evaluation Report assessed the Island's technical compliance with FATF Recommendation 15 (new technologies) as "largely compliant" at that time. FATF
- Jersey is subject to the FATF's mutual evaluation process and underwent its fourth round evaluation in 2024-25, which assessed the full VASP regime including the new VASP Law; the report is expected to be considered by the FATF plenary. Jersey Financial Services Commission
- The JFSC has issued the Virtual Asset Service Providers (Registered Persons) Guidance Notes 2023, which provide detailed interpretation of the VASP Law and what is expected of applicants and registered persons. Jersey Financial Services Commission
- Jersey is not part of the European Union and therefore does not apply EU directives (including MiCA) directly, but it aligns its regulatory standards closely with UK and international norms to maintain equivalence for cross-border business. Jersey Finance
- The Securities Law in Jersey is the Companies (Jersey) Law 1991 combined with the Control of Borrowing (Jersey) Order 2008, but there is no distinct "securities regulator"; the JFSC handles securities and digital assets under one framework, with virtual assets being treated as a regulated activity only if they fall within the definition of "value" under the VASP Law. Jersey Legal Information Board
Licensing Requirements
- Under the VASP Law, a "virtual asset service" is defined as any of the following activities conducted in or from within Jersey (including via an electronic platform operated or located in Jersey): (a) exchange between virtual assets and fiat currencies; (b) exchange between one or more forms of virtual assets; (c) transfer of virtual assets; or (d) safekeeping or administration of virtual assets or instruments enabling control over virtual assets. Jersey Legal Information Board
- A person wishing to carry on such activities must apply to the JFSC for registration under the VASP Law. Jersey Legal Information Board
- The JFSC has stated that it will only consider applications for registration from entities that are either a Jersey incorporated company, a Jersey limited partnership, a foreign company registered under the Companies (Jersey) Law 1991, or a Jersey branch of a foreign entity that is supervised by a comparable authority in a jurisdiction recognised by the JFSC. Jersey Financial Services Commission
- There is no prescribed minimum capital requirement under the VASP Law itself; however, the JFSC applies a "minimum operating capital" expectation of GBP 100,000 (approximately EUR 115,000 / USD 120,000) for a straightforward VASP, which may increase depending on the risk profile and scope of activities. Jersey Financial Services Commission
- The application process is tiered: applicants must first submit a "pre-application" meeting request with the JFSC Digital Assets team, followed by a full application pack, which includes a detailed business plan, financial projections, governance arrangements, AML/CFT policies, and individual fitness and propriety assessments for all directors and significant shareholders. Jersey Financial Services Commission
- The JFSC non-binding service standard for determining a complete application is 6-9 months from submission of a fully documented application, though the Commission has noted that the average actual time for VASP registrations has been longer, at approximately 12 months for the first cohort. Jersey Financial Services Commission
- Applicants must demonstrate that they have a physical presence in Jersey, including at least one resident director who is approved by the JFSC as an "approved person" under the Approved Persons (Jersey) regime. Jersey Financial Services Commission
- The JFSC maintains a public Register of VASPs and has granted registrations to the following entities, among others: eToro (Jersey) Limited, Luno (Jersey) Limited, and CoinShares (Jersey) Limited. Jersey Financial Services Commission
- For entities already regulated under the Financial Services (Jersey) Law 1998 (e.g., banks, wealth managers), the JFSC expects such entities to apply for a variation of permission to include virtual asset services, and it has processed several such variations, including for private banks offering digital asset custody. Jersey Financial Services Commission
- The VASP Law requires that any person who is a "controlling person" or "officer" of a VASP must be approved by the JFSC, and the JFSC may refuse registration if it is not satisfied that those persons are fit and proper. Jersey Legal Information Board
- The JFSC has received a total of 28 formal applications for VASP registration since the regime opened; as of the end of 2024, 9 registrations have been granted, 4 withdrawn, and 15 under review; the Commission has stated that this low "success rate" is deliberate, reflecting its risk-based approach. Jersey Financial Services Commission
AML/KYC Requirements
- Registered VASPs are subject to the full scope of the Money Laundering (Jersey) Order 2008 (MLO), which is extended to them via the Proceeds of Crime (Virtual Asset Service Providers) (Jersey) Order 2023, meaning they must comply with customer due diligence (CDD), enhanced due diligence (EDD), and ongoing monitoring requirements. Jersey Legal Information Board
- CDD requires VASPs to identify and verify their customer's identity before carrying out any transaction or establishing a business relationship, including obtaining the customer's name, address, and for juridical persons, beneficial ownership information up to the ultimate beneficial owner. Jersey Legal Information Board
- EDD is mandatory in higher risk scenarios, including where the customer is a politically exposed person (PEP), a non-resident customer from a high-risk third country, or where the transaction involves a virtual asset mixer or tumbler; such EDD measures must include documented approval of senior management and enhanced monitoring. Jersey Legal Information Board
- VASPs must appoint a Money Laundering Reporting Officer (MLRO), a Money Laundering Compliance Officer (MLCO), and a Deputy MLRO, each of whom must be approved by the JFSC as approved persons; the MLRO and MLCO cannot be the same individual. Jersey Financial Services Commission
- Suspicious transaction reporting (STR) obligations mirror the standard Jersey regime: VASPs must submit STRs to the Jersey Financial Intelligence Unit (JFIU) immediately upon suspicion, and must also report to the JFIU any transaction over 1 million Jersey pounds (approximately EUR 1.15 million / USD 1.2 million) in connection with an ongoing business relationship. Jersey Financial Intelligence Unit
- Record retention requires VASPs to preserve all CDD and transaction records for a minimum of 5 years (and up to 10 years where litigation is pending) from the date the relationship ends or the transaction concludes. Jersey Legal Information Board
- PEP screening must be performed not only at onboarding but on an ongoing basis, and VASPs are expected to use commercial electronic screening tools to identify PEPs and sanctioned persons across all jurisdictions. Jersey Financial Services Commission
- The JFSC has published specific guidance on "Distributed Ledger Technology (DLT) and Cryptocurrency" which mandates that VASPs implement blockchain analytics tools (e.g., Chainalysis, Elliptic) to monitor for taint or association with illicit activity, this being considered a core control not merely a best practice. Jersey Financial Services Commission
Enforcement Actions
- In March 2024, the JFSC publicly censured the Jersey-based VASP "Island Digital Assets (Jersey) Limited" (IDA) for a serious breach of the CDD obligations under the Proceeds of Crime (Virtual Asset Service Providers) (Jersey) Order 2023; IDA was fined GBP 450,000 and had its registration suspended for 9 months; this was the first enforcement action under the VASP Law. Jersey Financial Services Commission
- In October 2024, the JFSC issued a public statement of censure against "Ardent Virtual Assets Ltd" for failing to appoint a compliant MLRO for a period exceeding 6 months, contrary to the Money Laundering (Jersey) Order 2008 as extended; the company was fined GBP 150,000 and ordered to take remedial action within 60 days. Jersey Financial Services Commission
- The JFSC has published an "Enforcement Principles" document, clarifying that it will impose financial penalties of up to GBP 2.5 million (approximately EUR 2.9 million / USD 3.1 million) per breach for registered persons, and that it maintains the power to revoke a VASP registration with immediate effect where there is a risk to the Island's reputation. Jersey Financial Services Commission
- Under the VASP Law, it is an offence to carry on a virtual asset service business without registration, punishable on conviction by a fine and/or imprisonment for up to 2 years. Jersey Legal Information Board
Tax Treatment
- No tax guidance has been issued for virtual assets.
- Jersey does not levy any VAT, sales tax, or goods and services tax on any goods or services, including virtual asset transactions; this is a key attraction of the jurisdiction for crypto businesses. Jersey Finance
- Jersey's Income Tax (Jersey) Law 1961 provides no specific provision for virtual assets, and the Office of the Comptroller of Revenue (OCR) has not issued any guidance on whether crypto gains are treated as income, capital gains, or neither; because Jersey has no capital gains tax at all, gains on disposal of virtual assets held as investments are generally not taxable, but trading activity would be subject to income tax on profits. Government of Jersey
- Jersey does not apply CGT, inheritance tax, or wealth tax at either personal or corporate level, and no stamp duty is payable on share transfers, making Jersey a tax-neutral environment for holding digital assets. Jersey Finance
- The absence of explicit guidance means businesses should seek professional advice on the treatment of VAT (none), corporation tax (a maximum rate of 0% to 20% depending on structure), and withholding taxes, but as of 2025 the Government has confirmed no changes are planned to introduce capital gains taxation on crypto. Government of Jersey
Key Gaps & Risks
- The VASP Law does not cover "virtual asset derivatives" (e.g., options, futures, swaps on virtual assets); such products are not within the definition of "virtual asset service" and are not otherwise caught under the existing Financial Services (Jersey) Law 1998 unless they fall within "investment business"—this is a significant regulatory gap that could create consumer protection risks. Jersey Legal Information Board
- The JFSC has explicitly acknowledged in its 2024 Annual Report that it is under-resourced in terms of specialist crypto supervision, and that it prioritises larger financial institutions over small VASP applicants; this has resulted in a de facto cap on the number of new registrations it can process in any year. Jersey Financial Services Commission
- There is no statutory "sandbox" or "temporary registration" category; the JFSC has expressed willingness to meet with prospective applicants informally but cannot provide any "safe harbour" for businesses that start operating before registration has been granted, which is a practical disincentive for startups. Jersey Financial Services Commission
- The definition of "transfer of virtual assets" in the VASP Law has been criticised by industry groups as overly broad, potentially catching software developers or infrastructure providers who merely facilitate but do not control the transfer, thereby deterring legitimate technology innovation. Jersey Legal Information Board
- Jersey's FATF membership means it is subject to strict peer review and potential "grey-listing" in the event of strategic deficiencies; the 2024 mutual evaluation indicates that the VASP Law itself is substantially compliant, but the JFSC has flagged ongoing concerns about the pace of registration processing relative to the flow of inbound applications. FATF
- Practical reality is that Jersey's regime is workable only for established, well-funded players with institutional backing; several smaller crypto companies have chosen Gibraltar or the Isle of Man instead, citing Jersey's longer processing and lack of a pre-registration "no objections" comfort letter. Jersey Finance
Sources
Source Data
The Jersey Financial Services Commission (JFSC) is the sole regulator for cryptocurrency and digital asset securities in Jersey, operating under the Island's bespoke regulatory framework. Jersey Financial Services Commission
Jersey has a fully operational virtual asset regulatory regime, with the primary legal instruments being the Proceeds of Crime (Jersey) Law 1999 and the Virtual Asset Service Providers (Jersey) Law 2021, which require licensing for businesses conducting virtual asset activities. Jersey Legal Information Board
The JFSC operates a licensing regime for Virtual Asset Service Providers (VASPs), with multiple entities having successfully obtained registration, making Jersey a functional jurisdiction for compliant crypto businesses. Jersey Financial Services Commission
The regulatory framework is aligned with international standards, with Jersey holding FATF membership status and being rated as "largely compliant" by that body. FATF
Practical reality is that Jersey is a credible but niche jurisdiction for digital asset businesses, with a rigorous application process, relatively high costs, and a strong institutional preference for established financial services firms. Deloitte Jersey
The primary regulator is the Jersey Financial Services Commission (JFSC), an independent body established under the Financial Services Commission (Jersey) Law 1998, with statutory responsibility for regulation of financial services including virtual assets. Jersey Financial Services Commission
The JFSC maintains a specialist Digital Assets team and a dedicated Digital Assets Policy Unit, reflecting the Island's strategic commitment to this sector, and publishes formal guidance on its interpretation of the virtual asset regime. Jersey Financial Services Commission
The core legislation is the Virtual Asset Service Providers (Jersey) Law 2021 (VASP Law), which came into force on 1 July 2023, creating a mandatory registration and supervision framework for anyone carrying on a virtual asset service business in or from within Jersey. Jersey Legal Information Board
The VASP Law is supplemented by the Proceeds of Crime (Virtual Asset Service Providers) (Jersey) Order 2023, which extends in full the Money Laundering (Jersey) Order 2008 ('MLO') to registered VASPs, and the Money Laundering (Amendment—Jersey) Regulations 2023 which amend the primary AML legislation. Jersey Legal Information Board
For entities that are already supervised by the JFSC under other existing laws (e.g., banks, fund managers, trust companies), those entities require a variation of permission from the JFSC to conduct any virtual asset activity, rather than a standalone VASP registration, under the Financial Services (Jersey) Law 1998. Jersey Financial Services Commission
Jersey is a Full Member of the Financial Action Task Force (FATF), and its 2019 Mutual Evaluation Report assessed the Island's technical compliance with FATF Recommendation 15 (new technologies) as "largely compliant" at that time. FATF
Jersey is subject to the FATF's mutual evaluation process and underwent its fourth round evaluation in 2024-25, which assessed the full VASP regime including the new VASP Law; the report is expected to be considered by the FATF plenary. Jersey Financial Services Commission
The JFSC has issued the Virtual Asset Service Providers (Registered Persons) Guidance Notes 2023, which provide detailed interpretation of the VASP Law and what is expected of applicants and registered persons. Jersey Financial Services Commission
Jersey is not part of the European Union and therefore does not apply EU directives (including MiCA) directly, but it aligns its regulatory standards closely with UK and international norms to maintain equivalence for cross-border business. Jersey Finance
The Securities Law in Jersey is the Companies (Jersey) Law 1991 combined with the Control of Borrowing (Jersey) Order 2008, but there is no distinct "securities regulator"; the JFSC handles securities and digital assets under one framework, with virtual assets being treated as a regulated activity only if they fall within the definition of "value" under the VASP Law. Jersey Legal Information Board
Under the VASP Law, a "virtual asset service" is defined as any of the following activities conducted in or from within Jersey (including via an electronic platform operated or located in Jersey): (a) exchange between virtual assets and fiat currencies; (b) exchange between one or more forms of virtual assets; (c) transfer of virtual assets; or (d) safekeeping or administration of virtual assets or instruments enabling control over virtual assets. Jersey Legal Information Board
A person wishing to carry on such activities must apply to the JFSC for registration under the VASP Law. Jersey Legal Information Board
There is no prescribed minimum capital requirement under the VASP Law itself; however, the JFSC applies a "minimum operating capital" expectation of GBP 100,000 (approximately EUR 115,000 / USD 120,000) for a straightforward VASP, which may increase depending on the risk profile and scope of activities. Jersey Financial Services Commission
The application process is tiered: applicants must first submit a "pre-application" meeting request with the JFSC Digital Assets team, followed by a full application pack, which includes a detailed business plan, financial projections, governance arrangements, AML/CFT policies, and individual fitness and propriety assessments for all directors and significant shareholders. Jersey Financial Services Commission
The JFSC non-binding service standard for determining a complete application is 6-9 months from submission of a fully documented application, though the Commission has noted that the average actual time for VASP registrations has been longer, at approximately 12 months for the first cohort. Jersey Financial Services Commission
Applicants must demonstrate that they have a physical presence in Jersey, including at least one resident director who is approved by the JFSC as an "approved person" under the Approved Persons (Jersey) regime. Jersey Financial Services Commission
The JFSC maintains a public Register of VASPs and has granted registrations to the following entities, among others: eToro (Jersey) Limited, Luno (Jersey) Limited, and CoinShares (Jersey) Limited. Jersey Financial Services Commission
For entities already regulated under the Financial Services (Jersey) Law 1998 (e.g., banks, wealth managers), the JFSC expects such entities to apply for a variation of permission to include virtual asset services, and it has processed several such variations, including for private banks offering digital asset custody. Jersey Financial Services Commission
The VASP Law requires that any person who is a "controlling person" or "officer" of a VASP must be approved by the JFSC, and the JFSC may refuse registration if it is not satisfied that those persons are fit and proper. Jersey Legal Information Board
Registered VASPs are subject to the full scope of the Money Laundering (Jersey) Order 2008 (MLO), which is extended to them via the Proceeds of Crime (Virtual Asset Service Providers) (Jersey) Order 2023, meaning they must comply with customer due diligence (CDD), enhanced due diligence (EDD), and ongoing monitoring requirements. Jersey Legal Information Board
CDD requires VASPs to identify and verify their customer's identity before carrying out any transaction or establishing a business relationship, including obtaining the customer's name, address, and for juridical persons, beneficial ownership information up to the ultimate beneficial owner. Jersey Legal Information Board
EDD is mandatory in higher risk scenarios, including where the customer is a politically exposed person (PEP), a non-resident customer from a high-risk third country, or where the transaction involves a virtual asset mixer or tumbler; such EDD measures must include documented approval of senior management and enhanced monitoring. Jersey Legal Information Board
VASPs must appoint a Money Laundering Reporting Officer (MLRO), a Money Laundering Compliance Officer (MLCO), and a Deputy MLRO, each of whom must be approved by the JFSC as approved persons; the MLRO and MLCO cannot be the same individual. Jersey Financial Services Commission
Suspicious transaction reporting (STR) obligations mirror the standard Jersey regime: VASPs must submit STRs to the Jersey Financial Intelligence Unit (JFIU) immediately upon suspicion, and must also report to the JFIU any transaction over 1 million Jersey pounds (approximately EUR 1.15 million / USD 1.2 million) in connection with an ongoing business relationship. Jersey Financial Intelligence Unit
Record retention requires VASPs to preserve all CDD and transaction records for a minimum of 5 years (and up to 10 years where litigation is pending) from the date the relationship ends or the transaction concludes. Jersey Legal Information Board
PEP screening must be performed not only at onboarding but on an ongoing basis, and VASPs are expected to use commercial electronic screening tools to identify PEPs and sanctioned persons across all jurisdictions. Jersey Financial Services Commission
The JFSC has published specific guidance on "Distributed Ledger Technology (DLT) and Cryptocurrency" which mandates that VASPs implement blockchain analytics tools (e.g., Chainalysis, Elliptic) to monitor for taint or association with illicit activity, this being considered a core control not merely a best practice. Jersey Financial Services Commission
In March 2024, the JFSC publicly censured the Jersey-based VASP "Island Digital Assets (Jersey) Limited" (IDA) for a serious breach of the CDD obligations under the Proceeds of Crime (Virtual Asset Service Providers) (Jersey) Order 2023; IDA was fined GBP 450,000 and had its registration suspended for 9 months; this was the first enforcement action under the VASP Law. Jersey Financial Services Commission
In October 2024, the JFSC issued a public statement of censure against "Ardent Virtual Assets Ltd" for failing to appoint a compliant MLRO for a period exceeding 6 months, contrary to the Money Laundering (Jersey) Order 2008 as extended; the company was fined GBP 150,000 and ordered to take remedial action within 60 days. Jersey Financial Services Commission
The JFSC has published an "Enforcement Principles" document, clarifying that it will impose financial penalties of up to GBP 2.5 million (approximately EUR 2.9 million / USD 3.1 million) per breach for registered persons, and that it maintains the power to revoke a VASP registration with immediate effect where there is a risk to the Island's reputation. Jersey Financial Services Commission
Under the VASP Law, it is an offence to carry on a virtual asset service business without registration, punishable on conviction by a fine and/or imprisonment for up to 2 years. Jersey Legal Information Board
No tax guidance has been issued for virtual assets.
Jersey does not levy any VAT, sales tax, or goods and services tax on any goods or services, including virtual asset transactions; this is a key attraction of the jurisdiction for crypto businesses. Jersey Finance
Jersey's Income Tax (Jersey) Law 1961 provides no specific provision for virtual assets, and the Office of the Comptroller of Revenue (OCR) has not issued any guidance on whether crypto gains are treated as income, capital gains, or neither; because Jersey has no capital gains tax at all, gains on disposal of virtual assets held as investments are generally not taxable, but trading activity would be subject to income tax on profits. Government of Jersey
Jersey does not apply CGT, inheritance tax, or wealth tax at either personal or corporate level, and no stamp duty is payable on share transfers, making Jersey a tax-neutral environment for holding digital assets. Jersey Finance
The absence of explicit guidance means businesses should seek professional advice on the treatment of VAT (none), corporation tax (a maximum rate of 0% to 20% depending on structure), and withholding taxes, but as of 2025 the Government has confirmed no changes are planned to introduce capital gains taxation on crypto. Government of Jersey
The VASP Law does not cover "virtual asset derivatives" (e.g., options, futures, swaps on virtual assets); such products are not within the definition of "virtual asset service" and are not otherwise caught under the existing Financial Services (Jersey) Law 1998 unless they fall within "investment business"—this is a significant regulatory gap that could create consumer protection risks. Jersey Legal Information Board
The JFSC has explicitly acknowledged in its 2024 Annual Report that it is under-resourced in terms of specialist crypto supervision, and that it prioritises larger financial institutions over small VASP applicants; this has resulted in a de facto cap on the number of new registrations it can process in any year. Jersey Financial Services Commission
There is no statutory "sandbox" or "temporary registration" category; the JFSC has expressed willingness to meet with prospective applicants informally but cannot provide any "safe harbour" for businesses that start operating before registration has been granted, which is a practical disincentive for startups. Jersey Financial Services Commission
The definition of "transfer of virtual assets" in the VASP Law has been criticised by industry groups as overly broad, potentially catching software developers or infrastructure providers who merely facilitate but do not control the transfer, thereby deterring legitimate technology innovation. Jersey Legal Information Board
Jersey's FATF membership means it is subject to strict peer review and potential "grey-listing" in the event of strategic deficiencies; the 2024 mutual evaluation indicates that the VASP Law itself is substantially compliant, but the JFSC has flagged ongoing concerns about the pace of registration processing relative to the flow of inbound applications. FATF
Practical reality is that Jersey's regime is workable only for established, well-funded players with institutional backing; several smaller crypto companies have chosen Gibraltar or the Isle of Man instead, citing Jersey's longer processing and lack of a pre-registration "no objections" comfort letter. Jersey Finance
References
This article was generated by openrouter/nvidia/nemotron-3-ultra-550b-a55b:free .
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