Insights - Briefings

BVI beneficial ownership registration regime
Briefings | 28 Nov 2017

The topic of corporate transparency through the creation of a central registry of company beneficial ownership information has been extensively debated in recent years and came to the political fore at the Lough Erne G8 Summit in June 2013, at which the off...

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Sham trusts, the High Court and "Putin's Banker"
Briefings | 03 Nov 2017

On 11 October 2017, the High Court released its latest judgment in the long running saga between Mezhprom Bank and its liquidator, the Deposit Insurance Agency (the "DIA"), and Russian businessman Mr Sergei Pugachev (also known as "Putin's banker").

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UK REITs and The International Stock Exchange
Briefings | 13 Sep 2017

In this briefing we focus on the changes to the UK Real Estate Investment Trust (REIT) regime introduced by the UK Finance Act 2012 and the way in which Jersey companies and The International Stock Exchange (TISE) (formerly known as The Channel Islands Secu...

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Private trust companies
Briefings | 01 Sep 2017

A private trust company ("PTC") is a useful vehicle to consider in the planning and establishment of trust structures for high net worth and ultra high net worth families. Rather than transferring assets to a service provider's professional trustee company,...

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Foundations: migrating to Jersey
Briefings | 01 Sep 2017

The Foundations (Jersey) Law 2009 (the "Law") allows for the establishment of Jersey foundations, and adds significantly to the structuring opportunities available to clients selecting Jersey as a jurisdiction for private wealth management purposes.

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Jersey foundations: how are they being used?
Briefings | 01 Sep 2017

The Jersey foundation was introduced in July 2009 as a new form of incorporated vehicle. From the beginning, three broad categories of use for the Jersey foundation - for succession planning, as orphan structures for specified purposes, and for philanthrop...

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Jersey foundations
Briefings | 01 Sep 2017

The Foundations (Jersey) Law 2009 (the "Law") allows for the incorporation of Jersey foundations.

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Non-charitable purpose trusts
Briefings | 01 Sep 2017

Non-charitable purpose trusts are expressly provided for by the Trusts (Jersey) Law 1984 as amended (the "Trusts Law"). Whilst the Trusts Law provides that a trust will be invalid to the extent that "it is created for a purpose in relation to which there is...

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Foundations: mergers
Briefings | 01 Sep 2017

The Foundations (Jersey) Law 2009 (the "Law") allows for the establishment of Jersey foundations, and adds significantly to the structuring opportunities available to clients selecting Jersey as a jurisdiction for private wealth management purposes.

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EU General Data Protection Regulation
Briefings | 07 Jul 2017

This briefing provides an overview of the key changes introduced by the EU's General Data Protection Regulation (the "GDPR"), which will have extra-territorial effect in the Channel Islands in relation to the personal data of EU citizens, and the provisions...

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The International Stock Exchange - Listings
Briefings | 06 Jul 2017

The key advantages to listing on the Official List of The International Stock Exchange (TISE) as operated by The International Stock Exchange Authority Limited (TISEA) are: – TISE is licensed, regulated and supervised by the Guernsey Financial Services Com...

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Jersey investment funds: an overview
Briefings | 05 Jul 2017

Jersey is one of the premier offshore jurisdictions for the establishment of investment funds and other investment structures. Jersey is highly regarded for the quality of its regulatory regime and its legal and other service providers. Investment funds con...

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Insolvent trusts: the Z Trust cases
Briefings | 16 Jun 2017

For the first time the Royal Court of Jersey has given guidance on the issues facing trustees of trusts who find that they are unable to pay trust liabilities out of trust assets as they fall due, or where the trust liabilities exceed the trust assets. Whi...

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Jersey corporate insolvency - the two regimes
Briefings | 16 Jun 2017

There are two principal regimes for corporate insolvency in Jersey: désastre and winding-up. This Briefing seeks to highlight the major features of each and some of the differences between the two.

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Putting Jersey companies into English administration
Briefings | 16 Jun 2017

A Jersey company or one of its creditors may wish the company to be placed into administration in England under Schedule B1 of the UK's Insolvency Act 1986 (the "Act").

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Recognising and assisting foreign insolvency office-holders in Jersey
Briefings | 16 Jun 2017

Insolvency office-holders appointed under a law or by a court outside Jersey will have no authority, as a matter of Jersey law, to act in Jersey. It is normal therefore for an application to be made for recognition of their appointment and authority to exe...

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EU Market Abuse Regulation increases the attraction of the Channel Islands Securities Exchange for listing high yield bonds
Briefings | 15 Jun 2017

The International Stock Exchange (TISE) (formerly known as The Channel Islands Securites Exchange or CISE) has experienced an increased interest in listing specialist securities, particularly high yield bonds, since the introduction of a new European Union ...

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Guernsey freezing injunctions
Briefings | 18 May 2017

The Royal Court of Guernsey has jurisdiction to grant freezing injunctions in support of domestic and international proceedings, both before and after judgment.

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Cross-border disputes and asset tracing - pre-action disclosure regimes in Guernsey
Briefings | 18 May 2017

In modern cross-border litigation it is often absolutely critical to be able to secure evidence and to identify assets in advance of commencing a legal claim. Sophisticated operators commonly deploy a complex and opaque web of international vehicles. Corpor...

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The new Arbitration (Guernsey) Law, 2016 - a guide to the key provisions
Briefings | 10 May 2017

Historically, parties in Guernsey have been reluctant to use arbitration as a means of resolving a dispute, largely due to perceived shortcomings in the previous 1982 legislation. The new Law seeks to address these concerns by introducing provisions akin to...

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The Arbitration (Guernsey) Law, 2016 - a summary
Briefings | 10 May 2017

This much anticipated Law came into force on 12 December 2016. It replaces the previous legislation from 1982 which was widely considered to be outdated and inefficient - conferring too few powers upon the tribunal and requiring too much judicial interventi...

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Guernsey funds
Briefings | 02 May 2017

Guernsey is, for many, the jurisdiction of choice for the establishment and/or administration of all types of collective investment vehicle, including private equity, hedge and property funds, across a wide range of asset classes.

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Islamic finance in Jersey
Briefings | 25 Apr 2017

The Islamic finance sector has grown in recent years from being a specialised niche to a multi-billion dollar global mainstream industry. It has proved dynamic and innovative and has provided an increasing range of sophisticated products. It now offers a re...

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Jersey takes a step closer to modern mental capacity law
Briefings | 29 Mar 2017

The Capacity and Self Determination (Jersey) Law 2016 (the 'new Law') has been approved by the States of Jersey and is expected to come into force in April 2018, radically altering the way in which mental health issues are dealt with in Jersey.

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Jersey private funds
Briefings | 28 Mar 2017

With effect from 18 April Jersey is introducing a new regime in respect of private funds - simplifying the regulatory regime, and extending the benefits of flexibility and speed across Jersey's private funds space.

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Guernsey document and records retention
Briefings | 07 Mar 2017

Over recent years, businesses and employers in Guernsey (as in the rest of the world) have come under increased pressure from legislators and regulators alike to take steps to combat financial crime, including money laundering and terrorist financing. Some ...

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Guernsey register of beneficial ownership
Briefings | 17 Feb 2017

Guernsey's Policy and Resources Committee has recently submitted its proposals for the establishment of a register of beneficial ownership for consideration by the States of Guernsey at its sitting on 15 February 2017. Following consultation papers issued ...

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The Access to Neighbouring Land (Guernsey) Law, 2016
Briefings | 03 Feb 2017

The Project de Loi entitled The Access to Neighbouring Land (Guernsey) Law, 2016 was registered on 16 January 2017, although it remains subject to Royal Assent. The new legislation provides that where a person requires entry onto neighbouring property for ...

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Enforcement of foreign arbitral awards in Jersey
Briefings | 20 Jan 2017

This briefing explains how foreign arbitral awards may be enforced in Jersey.

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Enforcement of foreign judgments in Jersey
Briefings | 20 Jan 2017

This briefing explains how foreign judgments may be enforced in Jersey. Jersey has its own legal system and is a separate jurisdiction from that of England and Wales. Judgments obtained outside Jersey which provide for the payment of a sum of money may be ...

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Jersey probate for non-Jersey domiciliaries
Briefings | 11 Jan 2017

The purpose of this document is to provide general information and outline how to apply for a Jersey Grant of Probate or Administration for non-Jersey domiciled deceased estates.

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Guernsey legal opinions
Briefings | 25 Oct 2016

In finance transactions, legal opinions are often sought from local counsel as to the capacity of entities formed under the laws of Guernsey to enter into transactions and documents and as to the laws of Guernsey generally. This briefing summarises issues ...

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The Companies (Treasury Shares) Regulations, 2016 and The Companies (Treasury Shares) (Amendment) Regulations, 2016
Briefings | 18 Oct 2016

The Companies (Treasury Shares) Regulations, 2016 and The Companies (Treasury Shares) (Amendment) Regulations, 2016 (together the "Regulations") were both implemented on 22 July 2016. The Regulations have had a significant impact on how companies in Guerns...

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The Population Management (Guernsey) Law, 2016
Briefings | 18 Oct 2016

In April 2017 the Population Management (Guernsey) Law, 2016 (the "New Law") will come into effect, reforming Guernsey's current population regime in a bid to diversify the demographic of an ageing population. This new strategy is the result of a political...

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Public access to documents in Guernsey civil proceedings
Briefings | 16 Aug 2016

The presumption in Guernsey is that justice must be done in public. Accordingly, unless there is some exceptional factor in any particular case which means the interests of justice can only be served by conducting proceedings in private, all civil hearings ...

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BVI business companies
Briefings | 21 Jul 2016

The British Virgin Islands ("BVI") have become the world’s premier international corporate domicile, with over 465,000 active companies.

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Procedure for voluntary liquidation under the BVI Business Companies Act
Briefings | 21 Jul 2016

This briefing addresses the usual manner in which solvent voluntary liquidations proceed under the BVI Business Companies Act 2004, as amended (the "Act"). The observations that follow are subject to the particular provisions of the Memorandum and Articles ...

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Structuring venture capital deals in the BVI
Briefings | 21 Jul 2016

The British Virgin Islands ("BVI") is a popular jurisdiction in which to form venture capital funds and incorporate start-up companies. It is estimated that 60% of all the world’s alternative investment funds are domiciled in offshore jurisdictions such as ...

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Taking and registering security in the British Virgin Islands
Briefings | 21 Jul 2016

This briefing will examine key aspects of taking and registering security in the British Virgin Islands.

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BVI hedge fund overview
Briefings | 21 Jul 2016

The BVI Securities and Investment Business Act (the "SIBA") and the Mutual Fund Regulations (the "Regulations") under which all hedge funds are regulated defines a mutual fund as a company, partnership or unit trust.

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Protectors: are their powers fiduciary and does the court have power to intervene?
Briefings | 15 Mar 2016

This briefing formed the basis of a presentation delivered by Zillah Howard at the IBC conference "Challenging Fiduciary Decisions" held in London on 3 March 2016.

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The Common Reporting Standard: Jersey Guidance Notes update
Briefings | 07 Mar 2016

Further to our briefing note "The Common Reporting Standard: draft Jersey legislation released" dated November 2015 ("November Briefing Note"), the Chief Minister's Department has published draft guidance notes dated February 2016 ("Guidance Notes") which p...

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Registered charities in Jersey
Briefings | 05 Feb 2016

The Charities (Jersey) Law 2014 (the "Charities Law") is a new piece of legislation which forms part of the Island's initiative to strengthen and develop Jersey's position as a centre of excellence for philanthropic wealth management. It is being brought i...

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Summary winding up of Jersey companies
Briefings | 15 Jan 2016

A summary winding up is a statutory procedure used to wind up a solvent Jersey company.

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Special purpose vehicles and securitisation in Jersey
Briefings | 07 Dec 2015

This briefing relates to the use of Jersey companies as special purpose vehicles ("SPVs") specifically established for the purposes of securitisations and other structured financing transactions.

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Bedell Cristin acts for Joint Liquidators in high value winding up proceedings
Briefings | 25 Nov 2015

Bedell Cristin has acted for the Joint Liquidators in the winding up of three Jersey incorporated companies ordered under the Companies (Jersey) Law 1991 (the "Companies Law"). The winding up proceedings are particularly significant as they involved the su...

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The Common Reporting Standard: draft Jersey legislation released
Briefings | 04 Nov 2015

The draft Taxation (Implementation) (International Tax Compliance) (Common Reporting Standard) (Jersey) Regulations 201- (the "Regulations") were lodged au Greffe on 13 October 2015. The purpose of the Regulations is to give effect to Jersey's obligations ...

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Striking off, dissolution and restoration under the BVI Business Companies Act, 2004
Briefings | 03 Nov 2015

The British Virgin Islands has, for a long time, been a popular destination for the establishment and management of offshore vehicles, the majority of which have been established pursuant to, and continue to be operated in accordance with, the framework of ...

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Jersey Very Private Funds
Briefings | 19 Oct 2015

A popular choice with those fund promoters looking for a flexible vehicle with a light-touch regulatory regime is the Jersey 'Very Private Fund' ("VPF"). The key criteria for establishing a fund as a VPF is that it must not be offered to more than 15 potent...

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Amendments to Guernsey's company legislation
Briefings | 03 Sep 2015

This briefing summarises the key changes made by the Companies (Guernsey), Law, 2008 (Amendment) Ordinance, 2015.

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Bribery and corruption - Guernsey
Briefings | 18 Aug 2015

Historically, the law against bribery in Guernsey and Sark consisted of a common law offence which was rather uncertain in its ambit and seldom, if ever, tested in court. The position in Alderney was similar, albeit reinforced to some extent by a 1994 statu...

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Statutory "Family Friendly" Rights
Briefings | 18 Aug 2015

This briefing summarises key changes to the Employment (Jersey) Law 2003 (the "Law") in connection with maternity, adoption, parental and flexible working rights (the "Family Friendly Rights").

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An introduction to Guernsey's legal system
Briefings | 18 Aug 2015

This briefing is intended to provide a high-level overview of Guernsey's status as a self-governing jurisdiction with its own independent legal system and jurisprudence. It will be of interest to clients who may not be familiar with Guernsey's unique const...

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Appeals in Guernsey civil proceedings
Briefings | 18 Aug 2015

This briefing provides an outline of the routes of appeal from Guernsey's principal court of first instance, the Royal Court. Note that in minor civil cases which are heard in the Magistrate's Court in Guernsey, or any civil cases which are heard in the Cou...

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Guernsey case management and civil proceedings
Briefings | 18 Aug 2015

Proactive case management is a concept that pervades modern Guernsey civil procedure. This briefing outlines the powers of the court with respect to case management, together with various interlocutory procedures which form part of the civil litigation tool...

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Responding to a Guernsey civil claim
Briefings | 18 Aug 2015

This briefing outlines the procedural steps which follow commencement of a Guernsey civil claim, including consideration of the types of pleadings which are lodged in Guernsey proceedings and the procedure for amending those pleadings.

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A guide to civil proceedings in Guernsey
Briefings | 03 Aug 2015

This briefing is intended to provide a high-level overview of how one brings proceedings and for the sake of simplicity this note will cover proceedings in Guernsey alone. It is important to note that the Bailiwick consists of the three separate and distinc...

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Introduction to Employment (Jersey) Law 2003
Briefings | 28 Jul 2015

The Employment (Jersey) Law 2003 (the "Law") came into force on 1 July 2005. Since this date there have been a number of amendments to the Law. Laws in connection with discrimination and "family friendly" rights (including maternity, paternity and adoption)...

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Recent developments in the funding of litigation in Jersey
Briefings | 17 Jul 2015

There have been significant developments in the United Kingdom during the past two decades in the funding of commercial litigation. Some, although not all, of these developments have also impacted on the Jersey commercial litigation market.

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Using a Jersey company for a stock market listing
Briefings | 25 Jun 2015

This briefing looks at Jersey's attractiveness as a location for companies seeking a stock market listing, and considers the practical issues that are likely to be of relevance when structuring a public offering using a Jersey-based vehicle.

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Incubator and approved funds now available in the BVI
Briefings | 28 May 2015

Two new fund products have been added in the British Virgin Islands under the Securities and Investment Business (Incubator and Approved Funds) Regulations, 2015 (the "Regulations"); the incubator fund and the approved fund. Following the success of the Ap...

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Change of Control Obligations under the Financial Services (Jersey) Law 1998
Briefings | 19 May 2015

This briefing is of interest to entities carrying on financial service business for the purposes of the Financial Services (Jersey) Law 1998, as amended (the "FSJL") and highlights a common pitfall among registered persons (including licensed investment adv...

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Russia and CIS: Jersey structures for private clients
Briefings | 14 Apr 2015

For Russian and CIS clients wishing to establish a structure for the preservation of private wealth, Jersey represents a very attractive choice. A British Crown Dependency, but not part of the United Kingdom, the Island has operated as an international fina...

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Philanthropy
Briefings | 14 Apr 2015

For many people, philanthropy is a topic of increasing importance. Whilst philanthropy may, in strict terms, focus on the wellbeing of human kind, the term tends to be given a wider meaning, encompassing a broad range of giving initiatives. Some of those i...

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The duties of directors under Jersey law
Briefings | 06 Feb 2015

The text of this briefing is limited in its application to Jersey companies. This is a complex area of law not easily summarised into short form. It follows that this briefing should in no way be regarded as exhaustive.

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UK QROPS changes will affect Jersey pension plans
Briefings | 28 Jan 2015

The draft regulations on Qualifying Recognised Overseas Pension Schemes ("QROPS") (The Overseas Pension Schemes (Miscellaneous) Regulations 2015) (the "Draft Regulations")) published by HMRC on 19 December 2014 will have an impact on all Jersey pension sche...

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The deep freeze: the growing impact of sanctions on Jersey
Briefings | 20 Jan 2015

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Trusts - Mistake (including Hastings-Bass) in Jersey: setting aside decisions to help settlors, trustees, other fiduciaries and beneficiaries
Briefings | 20 Jan 2015

This briefing describes a remedy where a settlor or a fiduciary has made a transfer of property to a trust or where a trustee or fiduciary makes a decision that amounts to a mistake and in either case that transfer or that decision had adverse or unintended...

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BVI corporate guarantees - cakes and ale all around
Briefings | 24 Dec 2014

Corporate guarantees are perhaps more common in the British Virgin Islands ("BVI") than in other jurisdictions given the accommodating nature of the statutory environment in which BVI companies operate. As a result when structuring security packages for BVI...

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Privy Council rules on trust jurisdiction clauses: Crociani & O'rs v Crociani & O'rs [2014] UKPC 40
Briefings | 26 Nov 2014

In Crociani & O'rs v Crociani & O'rs & Camilla de Bourbon des deux Siciles [2014] UKPC 40 ("Crociani"), the Privy Council has delivered a significant ruling which will have far reaching effects for trust lawyers (both contentious and non-contentious) all ov...

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Jersey eligible investor funds
Briefings | 07 Oct 2014

Jersey launched a new fund product aimed at "eligible investors", with the issue of the Jersey Eligible Investor Fund Guide (the "Guide") by the Jersey Financial Services Commission ("JFSC") on 22 July 2013.

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Jersey schemes of arrangement
Briefings | 01 Oct 2014

This briefing outlines the statutory provisions relating to Jersey schemes of arrangement.

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Alternative Investment Fund Managers Directive: new Jersey regulations and the impact on existing Jersey structures
Briefings | 01 Oct 2014

This briefing provides an overview of the regulatory authorisations which Jersey AIFs, Jersey AIFMs and other Jersey service providers require in order to continue their EU activities. The regulatory regime for Jersey funds has always distinguished between ...

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Making a will in Jersey for Jersey domiciled individuals
Briefings | 26 Aug 2014

This briefing provides answers to some of the key questions which you may have regarding the need for you to make a will. It should be noted that this briefing only applies to individuals who are domiciled in Jersey.

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Pensions changes finalised and coming into effect on 1 January 2015
Briefings | 13 Aug 2014

Our pensions briefing of November 2013 summarised the consultation paper entitled "Tax rules applying to pensions and pension schemes" ("Consultation"). A summary of the responses to the Consultation was subsequently presented to the States by the Minister ...

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Amendments to the Companies (Jersey) Law 1991
Briefings | 06 Aug 2014

The Companies (Amendment No. 11) (Jersey) Law 2014 (the "Amendment Law") came into force on 1 August 2014. The Amendment Law makes a number of significant amendments to the Companies (Jersey) Law 1991 (the "1991 Law") which are designed to bring greater fle...

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Court of Appeal in Jersey orders first ever interim payment on account of costs
Briefings | 14 Jul 2014

In Crociani, Foortse, BNP Paribas Jersey Trust Corporation Ltd & Appleby Trust (Mauritius) Ltd v Crociani & O'rs [2014] JCA 095 ("Crociani"), the Jersey Court of Appeal has awarded an interim payment on account of costs to the successful Respondents to the ...

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Investment Business (Approved Managers) Regulations, 2012, as amended
Briefings | 09 Jul 2014

Much anticipated and welcomed change was introduced to the regulatory regime that applies to British Virgin Islands (BVI) domiciled fund managers and advisors by the Investment Business (Approved Managers) Regulations, 2012 (the "Regulations") as amended wh...

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Guernsey security
Briefings | 23 Jun 2014

This briefing is intended to summarise the issues usually encountered when taking security in finance transactions involving Guernsey situs intangible assets.

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BVI FATCA update
Briefings | 06 Jun 2014

The Foreign Account Tax Compliance Act ("FATCA") was introduced by the United States in 2010 as part of the US Hiring Incentives to Restore Employment Act (known as the HIRE Act). The purpose of FATCA is to reduce tax evasion by US citizens. FATCA requires ...

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Why use a BVI company in your cross border transaction or global group structure?
Briefings | 15 May 2014

A BVI Business Company can be incorporated within 24 hours of the BVI registered agent having received all of the required anti-money laundering due diligence information on the proposed shareholders and directors of the company.

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Cell companies in Jersey
Briefings | 06 May 2014

This briefing provides a summary of the main provisions of Jersey law relating to protected and incorporated cell companies.

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The art of decision making by pension trustees: clarity provided by the Element Six Pension case
Briefings | 01 May 2014

On 4 February 2014 the Commercial Court in Ireland (the "Court") gave its judgment in Greene and Others v Coady & Others [2014] IEHC 38, otherwise known as the "Element Six" case. The judgment provides insight into the duties of pension trustees and fundame...

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BVI - Relaxing the rules on use of the word "fund"
Briefings | 25 Apr 2014

Using the word "fund" when naming a BVI entity was previously restricted by the Securities and Investment Business Act, 2010 ("SIBA") to companies which obtained recognition from the BVI Financial Services Commission ("Commission") as a public, professional...

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Overruled: Court of Appeal sets new test for permission to appeal applications in Jersey
Briefings | 14 Apr 2014

In Crociani, Foortse, BNP Paribas Jersey Trust Corporation Ltd & Appleby Trust (Mauritius) Ltd v Crociani & Others [2014] JCA 089 ("Crociani"), Bedell Cristin appeared for the successful Respondents to the appeal in what is already being hailed as a landmar...

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Landmark ruling on trust jurisdiction clauses: Crociani, Foortse, BNP Paribas Jersey Trust Corporation Ltd & Appleby Trust (Mauritius) Ltd v Crociani & Others [2014] JCA 089
Briefings | 09 Apr 2014

In Crociani, Foortse, BNP Paribas Jersey Trust Corporation Ltd & Appleby Trust (Mauritius) Ltd v Crociani & Others [2014] ("Crociani"), the Jersey Court of Appeal has delivered a landmark ruling which will have far reaching effects for trust lawyers (both c...

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Jersey limited liability partnerships
Briefings | 08 Apr 2014

Jersey LLPs are governed by the Limited Liability Partnerships (Jersey) Law 1997 (as amended, the "Law"). This briefing summarises the main requirements to form an LLP and highlights its principal features.

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Jersey trusts
Briefings | 18 Feb 2014

A "trust" is a legal arrangement which exists in many jurisdictions when one person (a "trustee") owns assets not for his own use and benefit but for the benefit of others (the "beneficiaries"). It is normal, but not essential, for a trust to be constituted...

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The status of Jersey as a well regulated international financial centre
Briefings | 03 Feb 2014

The Channel Islands comprise Jersey, Guernsey, Alderney, Sark, other islands and islets. The relationship with the British monarchy is a long and strong one. Continental Normandy and the Channel Islands were one duchy at the time of the Norman Conquest of ...

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Wills & Successions (Amendment No.2) (Jersey) Law 2013
Briefings | 15 Jan 2014

The Wills & Successions (Jersey) Law 1993, as amended (the "Law") was the subject of a Report by Professor Meryl Thomas ("Professor Thomas") dated 12 October 2009, which was commissioned by the Jersey Community Relations Trust in 2009 (the "Report"). The Re...

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Financial services regulation in Jersey
Briefings | 15 Jan 2014

Jersey's reputation as a leading international finance centre has been assisted by being a well-regulated jurisdiction which applies global standards upon which clients and investors alike can rely. Jersey has been independently assessed by a number of supr...

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Security Interests (Jersey) Law 2012
Briefings | 02 Jan 2014

The Security Interests (Jersey) Law 2012 (the "Law") came into full force on 2 January 2014. The Law significantly reforms the way in which security may be taken over Jersey intangible movable property and will enhance the remedies that are available to a s...

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Overview of Jersey Investment Funds which are subject to the AIFMD
Briefings | 13 Dec 2013

This table provides an overview of the different regulatory classifications that are available when establishing a fund in Jersey which is compliant with the AIFMD. Bedell Cristin is able to offer specific advice on the selection of the most appropriate cl...

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Overview of Jersey Investment Funds which are not subject to the AIFMD
Briefings | 13 Dec 2013

This table provides an overview of the different regulatory classifications that are available when establishing a fund in Jersey which is not required to be compliant with the AIFMD. Bedell Cristin is able to offer specific advice on the selection of the ...

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Tax Information Exchange Agreements
Briefings | 06 Dec 2013

Tax Information Exchange Agreements ("TIEAs") are international agreements which allow governments to exchange information relevant to their domestic tax laws and as provided for within the TIEAs. Jersey has entered into numerous TIEAs, in compliance with t...

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The test for administrative appeals: JT (Jersey) Limited v Jersey Competition Regulatory Authority [2013]JRC238
Briefings | 04 Dec 2013

The judgment issued on 29 November, 2013 in JT (Jersey) Limited v Jersey Competition Regulatory Authority [2013]JRC238 ("JT v JCRA") provides some much needed clarity with regard to the legal test for administrative appeals. The case relates to an appeal u...

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New guidance for public body decision-makers: JT (Jersey) Limited v Jersey Competition Regulatory Authority [2013]JRC238
Briefings | 29 Nov 2013

Public body decision-makers are often concerned to ensure that decisions they take will not be susceptible to challenge, for instance by making sure they comply with a fair and proper process and taking into account all relevant factors. The judgment of the...

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Rejuvenation of Jersey's pensions regime
Briefings | 08 Nov 2013

On 8 October 2013, the tax policy unit of the States of Jersey issued a consultation paper entitled "tax rules applying to pensions and pension schemes" ("Consultation Paper"). The Consultation Paper seeks to modernise and simplify the current arcane rules...

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Planning introduces new system for pre-application advice
Briefings | 25 Oct 2013

The Planning Department ("the Department"), on Monday 21st October, issued a press release entitled "Planning Revamps Pre-Application Advice".

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Enforcing English matrimonial orders against Jersey trusts
Briefings | 16 Oct 2013

The English matrimonial courts have jurisdiction to vary a trust in accordance with domestic law. This is so, even where the trust is located abroad and governed by the law of another jurisdiction. Thus, 'nuptial settlements' (whether on-shore or off-shore)...

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Control of Housing and Work (Jersey) Law 2012
Briefings | 01 Oct 2013

This briefing note provides a summary of the key provisions of the Control of Housing and Work (Jersey) Law 2012 (the "Law"). The Law has been devised to establish a registration process for Jersey residents and to provide for the control of both work and ...

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Intellectual Property (Unregistered Rights) (Jersey) Law 2011
Briefings | 18 Jul 2013

The Intellectual Property (Unregistered Rights) (Jersey) Law 2011 (the "Law") came into force on 18 December 2012. The introduction of the Law marks a significant change to the legal framework in Jersey in relation to unregistered intellectual property rig...

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Costs in trustee applications
Briefings | 25 Jun 2013

This briefing looks at the principles which apply in relation to the recovery of costs from a trust fund.

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Due diligence in the BVI - simple but effective
Briefings | 17 Jun 2013

In the aftermath of the financial crisis of 2008, there has been greater emphasis placed on effective due diligence on investments and acquisition targets. Important lessons should have been learnt from the many high profile hedge fund frauds and failures o...

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Guernsey foundations
Briefings | 11 Jun 2013

In this briefing, we will provide a general summary of the key features of Guernsey foundations, including their creation and administration, and we will explore some of the issues which will be of interest to those considering setting up a Guernsey foundat...

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Guernsey trusts
Briefings | 11 Jun 2013

A "trust" is a legal arrangement which exists in many jurisdictions when one person (a "trustee") owns assets not for his own use and benefit but for the benefit of others (the "beneficiaries"). It is normal, but not essential, for a trust to be constitute...

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Cell companies in Guernsey
Briefings | 10 Jun 2013

This briefing provides a summary of the main provisions of Guernsey law relating to protected and incorporated cell companies.

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Real estate holding structures in Jersey
Briefings | 07 Jun 2013

A wide range of Jersey entities may be used for real estate holding structures, with companies, limited partnerships and unit trusts being the most commonly favoured, often in combination. The choice of entity will depend principally on the proposed use of ...

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A chilling end for R22 - but who will catch a cold?
Briefings | 16 May 2013

EU Regulation 1005/2009 on substances that deplete the ozone layer prohibits, with effect from 1st January 2015, the use of R22 and similar gases in air conditioning systems. As is explained later in this briefing, there are issues in Jersey as to whether t...

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Jersey residential property - a guide to letting
Briefings | 18 Apr 2013

Letting residential property may seem like an easy source of income, but it can also be a legal and practical minefield. If there are disagreements between you and your tenants, it can quickly become a drain on your time and resources. The best way to avoi...

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Is your pension scheme compliant with the requirements for QROPS?
Briefings | 08 Apr 2013

This briefing is relevant for trustees, employers, members and administrators of Jersey pension schemes that receive transfers from UK pension schemes or other Qualifying Recognised Overseas Pension Schemes ("QROPS") for Jersey residents. In practice this i...

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The new frontiers of discovery
Briefings | 28 Mar 2013

Litigation Partner, David Cadin, recently obtained orders from the Master of the Royal Court which extended the boundaries of discovery in Jersey. Proceedings were started by Order of Justice in 2010 for breach of trust against Bedell Cristin's clients and...

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Storm cloud on the horizon - How safe is your information and how safe are you?
Briefings | 19 Mar 2013

2012 has been the year of the cloud. It is estimated that Amazon's cloud services alone now account for at least 1% of all internet consumer traffic and that this is likely to only increase over the next few years. The big internet companies, in particular ...

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Disclosure in Guernsey litigation
Briefings | 13 Mar 2013

In any litigation, documents are likely to feature as evidence. Those documents may be significant in their own right or may be crucial in refreshing the memories of witnesses. Disclosure is the legal process pursuant to which the parties to litigation reve...

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Third party disclosure in Guernsey
Briefings | 13 Mar 2013

The Guernsey courts have a selection of tools available to them to enable documents to be obtained from third parties who may be caught up in fraud or other wrongdoing.

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AIFMD and Channel Island AIFMs: The private placement regime - obligations and opportunities
Briefings | 01 Mar 2013

The Alternative Investment Fund Managers Directive (the "Directive") was published in July 2011. It seeks to regulate alternative investment fund managers ("AIFMs") managing or marketing alternative investment funds ("AIFs") in the European Union.

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Company migration to and from Guernsey
Briefings | 25 Feb 2013

Part VII of the Companies (Guernsey) Law, 2008 as amended (the "Law") allows companies to migrate into and out of Guernsey (i.e. to or from the Guernsey Register of Companies (the "Register") to or from a jurisdiction with equivalent legislation).

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Guernsey insurance overview
Briefings | 18 Feb 2013

Although Guernsey has a distinctive French-Norman legal heritage, its 20th century corporate and commercial laws have largely been based on equivalent UK legislation. Consequently, much of Guernsey's legislation in this area will be familiar to those used t...

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With or without prejudice?
Briefings | 18 Feb 2013

The settlement of disputes through without prejudice negotiations, particularly at mediation, is a prominent feature of the post-Woolf litigation world, even in offshore jurisdictions such as Jersey. Parties are encouraged to put their cards on the table wi...

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Guernsey limited partnerships
Briefings | 18 Feb 2013

The Limited Partnerships (Guernsey) Law, 1995 (as amended) (the "Partnerships Law") was enacted to provide the finance industry in Guernsey with an additional flexible vehicle. It provides a limited liability option for a person who wishes to participate fi...

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Overriding provisions of Guernsey law affecting third parties contracting with Guernsey companies
Briefings | 07 Feb 2013

Guernsey companies are utilised for significant structuring and offshore transactions including captive insurance, investment funds and special project vehicles owning property. Generally, contractual relations with banks, insurers, reinsurers and investme...

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Security options for insurance transactions
Briefings | 07 Feb 2013

It is common for a Guernsey captive to reinsure a fronting insurer which in turn insures the captive's parent. Consequently, the issue of security is a common theme in Guernsey captive arrangements. Some of the security options available and some legal iss...

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A modern take on an old classic - equity aiding the defective execution of a power
Briefings | 15 Jan 2013

There is a long-standing principle in English law that, in certain circumstances, equity will aid the defective execution of a power. In the recent case of In the matter of the Shinorvic Trust, the Royal Court of Jersey had to consider whether this principl...

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Making a will in Jersey for non-Jersey domiciled individuals
Briefings | 14 Jan 2013

This briefing explains when you should make a Jersey will if you are not domiciled in Jersey. It only deals with movable assets in Jersey and not, therefore, land or other immovable property situate in Jersey.

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Continuation of a foreign jurisdiction company to the British Virgin Islands
Briefings | 14 Dec 2012

A foreign company may continue as a company incorporated under the BVI Business Companies Act 2004 as amended (the "Act") if the laws of the jurisdiction in which it is registered permit it to continue in another jurisdiction, including the Virgin Islands. ...

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Corporate wealth protection on divorce given boost by English Court of Appeal
Briefings | 13 Nov 2012

In Petrodel Resources Ltd & Ors v Prest & Ors [2012] EWCA Civ 1395 ("Prest"), the English Court of Appeal has delivered a startling ruling which will have far reaching effects for wealthy individuals seeking to protect their assets on divorce.

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British Virgin Islands Securities and Investment Business Act, 2010 ("SIBA")
Briefings | 12 Nov 2012

On-going requirements for funds recognised as professional funds or private funds under the provisions of the British Virgin Islands Securities and Investment Business Act, 2010 and the Mutual Funds Regulations, 2010 (together, "SIBA").

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Iniquitous acts and sharp practice - fraud unravels all
Briefings | 07 Nov 2012

This briefing explains the crime/fraud exception to legal professional privilege and considers the position in Jersey in light of the English case of BBGP Managing General Partner Ltd and others v Babcock & Brown Global Partners ("BBGP").

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Trusts (Amendment No.5) (Jersey) Law 2012
Briefings | 02 Nov 2012

The Trusts (Jersey) Law 1984, as amended (the "1984 Law") has been the backbone of Jersey's success story as one of the private wealth jurisdictions of choice. Indeed, the 1984 Law has been used as the model for similar laws in other jurisdictions. The late...

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Changes to the rules on Jersey fund prospectuses
Briefings | 25 Oct 2012

Changes are being made to the regulation of prospectuses issued by Jersey "certified funds" - that is, collective investment funds established under the Collective Investment Funds (Jersey) Law 1988. (This includes Jersey expert funds, but not private schem...

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The BVI Business Companies (Amendment) Act, 2012 and the BVI Business Companies Regulations, 2012
Briefings | 28 Sep 2012

The BVI Company is the most popular offshore corporate vehicle in use today with roughly 450,000 active companies and closing in on 1,000,000 entities formed to date. This popularity, in part, comes from the flexibility afforded by the BVI Business Companie...

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Bribery and corruption - Jersey
Briefings | 19 Sep 2012

This briefing explains the laws governing bribery and corruption in Jersey. Jersey has its own legal system and is a separate jurisdiction from that of England and Wales. To combat bribery and corruption, it enacted the Corruption (Jersey) Law 2006 (the "C...

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Instituting civil proceedings in Jersey
Briefings | 31 Aug 2012

Jersey has a legal system which is separate from that of any other jurisdiction. Whilst it is judicially independent, unsurprisingly, it reflects many of the practices and procedures to be found in the courts of England and Wales, but with distinct differen...

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The discovery process in Jersey litigation
Briefings | 31 Aug 2012

In any litigation, documents are likely to feature as evidence. Those documents may be significant in their own right or may be crucial in refreshing the memories of witnesses. Discovery is the legal process pursuant to which the parties to litigation reve...

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Disclosure from third parties – a panoply of remedies
Briefings | 31 Aug 2012

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The pre-nups and downs of modern marriage
Briefings | 10 Aug 2012

As divorce and remarriage become more commonplace, many are realising that it may be prudent not to rely on the promise of ever lasting love, especially where finances are concerned. Paradoxically, your spouse is probably the greatest threat to your wealth ...

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Family law in Jersey
Briefings | 10 Aug 2012

This briefing is intended to provide answers to some of the key questions that you may have regarding family law proceedings in Jersey whether you are married, unmarried or in a civil partnership.

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Mediation in Jersey
Briefings | 10 Aug 2012

This briefing focuses on mediation, perhaps the most common form of alternative dispute resolution ("ADR") procedures. Mediation is widely used in the UK and has well established advantages over traditional litigation including: substantial costs savings a...

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Jersey private placement funds
Briefings | 27 Jul 2012

A new private placement fund regime has been introduced in Jersey, with the issue of the Jersey Private Placement Fund Guide (the "Guide") by the Jersey Financial Services Commission ("JFSC") on 26 January 2012. The Guide sets out new criteria for the regul...

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The informal freeze under the Proceeds of Crime (Jersey) Law 1999
Briefings | 24 Jul 2012

This briefing looks at the importance of "knowing your client", an important obligation that sits on many financial and non-financial services businesses, including law firms, in the context of recent Jersey litigation where the client of a bank had his ass...

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Obtaining evidence in Jersey at the request of a foreign court
Briefings | 24 Jul 2012

The purpose of this briefing is to summarise the procedure for obtaining evidence in Jersey at the request of a foreign court (the "Requesting Court") in civil or commercial proceedings pending or in contemplation outside the Island.

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Dispute resolution in Jersey
Briefings | 23 Jul 2012

In many cases, Alternative Dispute Resolution ("ADR") might offer a more cost effective, time efficient solution to dealing with a dispute than traditional litigation. This briefing gives an overview of the approach to ADR in Jersey.

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Mareva relief in Jersey in aid of foreign litigation
Briefings | 23 Jul 2012

The purpose of this briefing is to set out how and when the Jersey courts will grant Mareva relief to assist litigants in foreign jurisdictions.

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The new Foundations (Guernsey) Law: Solid foundations built on Guernsey granite
Briefings | 12 Jul 2012

Guernsey has a long and successful history in demonstrating its flexibility and pragmatism in reflecting and adapting to changes in world trade and commercial needs. Stretching back to the days of the "impôt" and merchant trading with the European continen...

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Jersey expert funds
Briefings | 11 Jul 2012

This briefing explains the regulatory classification for collective investment funds established in Jersey qualifying as "expert funds". The expert fund classification provides a flexible "fast track" procedure for the establishment of investment funds in J...

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Jersey listed funds
Briefings | 11 Jul 2012

This briefing explains a new regulatory classification for listed investment funds established in Jersey, which was introduced by the Jersey Financial Services Commission (the "JFSC") with effect from 9 January 2007.

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Jersey unregulated funds
Briefings | 11 Jul 2012

Funds established in Jersey are generally subject to regulation by the Jersey Financial Services Commission ("JFSC"). The degree of regulation varies depending upon the type of fund.

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Private equity funds in Jersey
Briefings | 11 Jul 2012

Private equity funds are typically established as limited partnerships and this overview therefore focuses upon the principal features, formation, regulation and taxation of limited partnerships for such purposes.

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BVI segregated portfolio company
Briefings | 16 May 2012

This briefing looks at segregated portfolio companies.

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Features of BVI limited partnerships
Briefings | 16 May 2012

The British Virgin Islands Partnership Act 1996 (the "Act") reflects many recent developments in partnership law and codifies the law for general partnerships, local limited partnerships and international limited partnerships into one piece of legislation.

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Codes of practice for certified funds
Briefings | 15 Mar 2012

The Jersey funds industry is anticipating the launch of new codes of practice for certified funds (the "Codes") by the Jersey Financial Services Commission (the "JFSC") on 2 April 2012 (the "Effective Date").

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Powers of attorney
Briefings | 14 Mar 2012

The Powers of Attorney (Jersey) Law 1995 (the "Powers of Attorney Law"), which came into force on 1 October 1995, effected a number of significant changes to the previous law on powers of attorney in the Island.

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Supply of Goods and Services (Jersey) Law 2009
Briefings | 07 Mar 2012

The Supply of Goods and Services (Jersey) Law 2009 (the "Law") came into force on 1 September 2009. The Law is aimed at consolidating consumer protection in relation to contracts for the supply of goods, hire purchase arrangements and the supply of service...

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Statutory recognition of netting, contractual subordination and non-petition provisions
Briefings | 26 Jan 2012

With the continuing development of sophisticated cross-border financial transactions, certain contractual practices have evolved and, with the passage of time, become recognised as standard in the relevant marketplace. Financial centres such as Jersey monit...

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The precarious business of providing a reference
Briefings | 10 Jan 2012

Providing a reference for a departing or former employee can be a tricky task. Any negligent or deliberate errors could lead to compensation pay-outs and it is therefore crucial to strike the right balance. If he or she was a model employee and is departi...

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Limited Partnerships (Jersey) Law 1994
Briefings | 20 Sep 2011

Limited partnerships in Jersey are governed by the Limited Partnerships (Jersey) Law 1994 (the "Partnerships Law"). Jersey limited partnerships are transparent for the purposes of Jersey taxation. Non-Jersey tax resident investors participating as limited ...

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Managing conduct issues in the workplace
Briefings | 04 Aug 2011

This briefing discusses the management of conduct issues in the workplace. It sets out how the Jersey Employment Tribunal (the "Tribunal") has approached misconduct dismissals, and is accompanied by a summary of the procedure to be followed by employers whe...

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The AIFM directive - the Channel Islands' perspective
Briefings | 04 Aug 2011

On 11 November 2010 the European Parliament approved the Directive on Alternative Investment Fund Managers (the "Directive"), following months of negotiation.

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Guernsey insolvency law – administration orders
Briefings | 03 Aug 2011

In everThe concept of administration under Guernsey insolvency law is a relatively recent one. Since the changes to Guernsey company law in 2008 it is now possible to obtain an administration order from the Royal Court in Guernsey. The purpose of such an or...

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Jersey separate and incorporated limited partnerships
Briefings | 29 Jul 2011

It is now possible to establish separate limited partnerships ("SLP") and incorporated limited partnerships ("ILP") in Jersey.

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Cell companies: the segregation of assets and liabilities
Briefings | 22 Jul 2011

The concept of cell companies was first introduced to Jersey in February 2006. In addition to the widely recognised structure of a protected cell company, Jersey also introduced a completely new concept - the incorporated cell company.

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Class G trust company business: the regulation of natural persons acting as directors under the Financial Services (Jersey) Law 1998
Briefings | 22 Jul 2011

This briefing is of interest to Jersey resident individuals who act as company directors, in Jersey or elsewhere, or whose employment (other than by a licensed trust company) requires them to act as company directors to other entities.

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Guernsey litigation update – admission of hearsay evidence in civil proceedings
Briefings | 10 Jun 2011

The law relating to the admission of evidence in civil proceedings in Guernsey has been overhauled. On 28 April, 2011 the Evidence in Civil Proceedings (Guernsey and Alderney) Law 2009 came into force and it has removed many previous restrictions concerning...

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Enforcement of foreign judgments in Guernsey
Briefings | 08 Jun 2011

This briefing explains how foreign judgments may be recognised and enforced in Guernsey.

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An overview of Jersey company law
Briefings | 05 Apr 2011

The Companies (Jersey) Law 1991 (the "Law") came into force on 30 March 1992. Since that date, the Law has been periodically amended and updated so as to ensure that Jersey company law is modern and flexible. This briefing summarises some of the provisions ...

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Rectification of trust documents
Briefings | 18 Mar 2011

In circumstances where an error is identified in trust documents, one of the possible solutions to consider is the remedy of rectification. Rectification is awarded by the Royal Court in the exercise of its discretion. Where the remedy is awarded, the usua...

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Record management within the financial services sector
Briefings | 10 Mar 2011

The purpose of this briefing is to address some of the issues a business may have to consider in relation to its record management policy and procedures in order to comply with the provisions of the Law.

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Redundancy: summary of the provisions of Amendments No.5 and No.6 to the Employment (Jersey) Law 2003
Briefings | 10 Mar 2011

This briefing provides a summary of the key provisions of Amendments No.5 ("Amendment No.5") and No.6 ("Amendment No.6") to the Employment (Jersey) Law 2003 (the "Law"). Please note that the amendments are complex. If employment issues arise to which these ...

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Security for costs and the corporate plaintiff - paying for the privilege of limited liability?
Briefings | 28 Jan 2011

The usual costs rule in litigation is that the losing party pays the winning party's reasonable legal costs. If a Defendant fears that a Plaintiff will not or will be unable to pay those costs, it can attempt to safeguard against that risk by bringing an ap...

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Structuring an AIM or LSE IPO using a Jersey or Guernsey vehicle
Briefings | 23 Nov 2010

This briefing covers the practical issues that are likely to be considered by UK advisers when structuring an AIM or LSE IPO using a Jersey or Guernsey based vehicle ("FloatCo").

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Selling a property in Jersey
Briefings | 21 Oct 2010

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Money Laundering (Jersey) Order 2008 - individual client identification
Briefings | 07 Oct 2010

In order that we are able to act for you, the Money Laundering (Jersey) Order 2008 requires us to obtain certain information about you.

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High hedges legislation in Jersey
Briefings | 05 Jul 2010

The High Hedges (Jersey) Law 2008 (the "Law") came into force in January 2008, and defines a high hedge as being "so much of a barrier to light as….formed…. by a line of two or more evergreens….and a height of more than 2 metres above ground level". The La...

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The extraction of water from wells and boreholes pursuant to the Water Resources (Registration) (Jersey) Order 2008
Briefings | 05 Jul 2010

The Water Resources (Registration) (Jersey) Order 2008 (the "Order") came into force on 1 January 2009. The Order was made pursuant to a provision in the Water Resources (Jersey) Law 2007 (the "Law") which empowers the Minister for Planning and Environment ...

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The Companies (Guernsey) Law 2008
Briefings | 02 Jul 2010

On 1 July 2008, Guernsey's new companies law, the Companies (Guernsey) Law 2008 (the "Law") came into force. This briefing summarises the major changes to this area of law and outlines important administrative steps which need to be taken by company admini...

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Jersey property: The Taxation (Land Transaction) (Jersey) Law 2009
Briefings | 07 Jun 2010

The Taxation (Land Transaction) (Jersey) Law 2009 (the "Law"), now in force, places a legal obligation on the purchaser of share transfer property to pay a tax equal to the stamp duty payable on freehold transactions. This new tax charge is called land tran...

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Borrowing on the security of a Jersey property
Briefings | 27 May 2010

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Procedure for the incorporation of a Jersey company
Briefings | 15 Apr 2010

This briefing provides an outline of the procedure for the incorporation of a Jersey company. Jersey company law is governed by the Companies (Jersey) Law, 1991, as amended (the "1991 Law") which came into force on 30 March, 1992 and repealed the earlier C...

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Purchasing share transfer property in Jersey
Briefings | 25 Feb 2010

When you buy a unit in or a whole property by share transfer, you are in fact purchasing shares in a company. If you are buying a unit, the articles of association of the company give you the right to occupy the unit.

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Purchasing freehold property in Jersey
Briefings | 25 Feb 2010

When you buy a freehold property in Jersey, you do not sign the contract; instead, it is passed to the Royal Court and you or your attorney will attend court on a Friday afternoon to swear an oath to abide by the terms of the contract. A copy of the contrac...

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Purchasing flying freehold property in Jersey
Briefings | 25 Feb 2010

When you buy a unit in a property by flying freehold, the land and buildings are owned by an association which is governed by a declaration of co-ownership. Sometimes, there are further regulations made by the co-owners under a power in the declaration. Yo...

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The Anti-Money Laundering Regime: A Jersey Overview
Briefings | 20 Jul 2009

This chapter will appear in the "International Guide to Money Laundering Law and Practice" to be published by Bloomsbury Professional in December 2009.

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Directors' liabilities and indemnities under The Companies (Guernsey) Law, 2008
Briefings | 14 May 2009

As of 1 July 2008, The Companies (Guernsey) Law, 2008 (the "2008 Law") introduced a number of significant changes to the provisions of the constitutional documents i.e. the memorandum of incorporation and the articles of incorporation (hereinafter collectiv...

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The migration of fund functionaries to the Financial Services (Jersey) Law 1998
Briefings | 19 Mar 2009

Since 2003, the Jersey Financial Services Commission (the "Commission"), has been implementing an initiative to integrate a number of pre-existing regulatory laws into the Financial Services (Jersey) Law 1998 (the "FSJ Law"). By providing a "one-stop shop"...

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Jersey's new corporate tax regime: zero/ten
Briefings | 28 Jan 2009

Significant changes have been made to the system of corporate taxation in Jersey. These changes include the introduction of a standard rate of corporate income tax of 0% and the phasing out of exempt company status. The new regime is simply referred to in J...

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Distinction between public and private companies in Jersey
Briefings | 28 Jan 2009

This briefing outlines the distinctions between public and private companies in Jersey. The Companies (Jersey) Law 1991, as amended (the "1991 Law") provides for companies incorporated in Jersey to be either public or private.

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Jersey companies law amendments
Briefings | 28 Jan 2009

The Companies (Amendment No.2) (Jersey) Regulations 2008 (the "Regulations") and the Companies (Amendment No. 9) (Jersey) Law 2008 (the "Law") were approved by the States of Jersey on 15 and 16 January 2008, respectively. The Regulations came into force on ...

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Purchasing unrestricted property in Jersey
Briefings | 07 Jan 2009

While the Island of Jersey has strict regulations in relation to granting residency status, it is possible to purchase what is known as "unrestricted property". In essence, this is property that does not fall within the ambit of the Housing (Jersey) Law 19...

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Migration of a foreign incorporated body to Jersey
Briefings | 10 Nov 2008

In 2002, changes were made to the Companies (Jersey) Law 1991, as amended, (the "1991 Law") to enable a body incorporated in a foreign jurisdiction to move its place of incorporation to Jersey.

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The importance of procedural safeguards on redundancy - what employers in Jersey can learn from the Voisin case
Briefings | 30 Jun 2008

The purpose of this briefing is to consider the concept of redundancy in light of the unfair dismissal legislation and then to consider the facts of Voisin. Thereafter, the briefing analyses the Royal Court judgment and clarifies the relevant consideration...

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Transfers of long term insurance business in Guernsey
Briefings | 13 Feb 2007

The Insurance Business (Bailiwick of Guensey) Law, 2002, as amended (the "Law") provides that certain transfers of long term insurance business require the sanction of the Royal Court in Guernsey (the "Royal Court") and sets out the procedure governing such...

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Trusts (Amendment No.4) (Jersey) Law 2006
Briefings | 01 Oct 2006

The Trusts (Amendment No.4) (Jersey) Law 2006 (the "Law") was registered on 20 October 2006 by the Royal Court and came into force on 27 October 2006. The Law introduces several important amendments to the Trusts (Jersey) Law 1984 (the "1984 Law") as highl...

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Beneficiaries' rights to trust information in the light of Schmidt v Rosewood Trust Limited
Briefings | 01 Feb 2004

The decision of the Privy Council in Schmidt v Rosewood Trust Limited [2003] 2 A.C 709 ("Schmidt v Rosewood"), delivered in March 2003 on an appeal from the courts of the Isle of Man, has excited great interest among trust practitioners because it considers...

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