Jon Barclay and Alasdair Davidson have obtained orders for the compulsory liquidation of Midland Resources Holding Limited, an international joint venture holding company, on just and equitable grounds.
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.
We are once again attending MIPIM, the world's premier real estate event in Cannes, from 14-17 March 2017.
Finance professionals were alerted to future UK legislation focusing on tax evasion and avoidance and wider corporate economic crime in a seminar hosted by us last week entitled ‘Business Ethics – The Bribery Act was just the start…'
The Project de Loi entitled The Access to Neighbouring Land (Guernsey) Law, 2016 was registered on 16 January 2017.
Partner, Alasdair Davidson, has been invited to speak at a one day symposium hosted by ACAMS (Association of Certified Anti Money Laundering Specialists) on February 9 2017.
The Channel Islands Securities Exchange has experienced an increased interest in listing specialist securities, particularly high yield bonds, since the introduction of a new European Union market abuse regime on 3 July 2016, effected as a result of the new...
The States of Jersey has released details of "new measures" that it will introduce in order to: "reduce the number of permissions available to businesses to employ newer migrants".
Bedell Cristin and Macfarlanes to host presentation in Jersey on Business Ethics - The Bribery Act was just the start - 8 February 2017.
We have advised on the sale of CityPoint Tower, a prime City of London office building to a real estate fund sponsored by Brookfield Asset Management for over £530m.
Bedell Cristin's Guernsey Office has acted as lead adviser to Jordan based promoter Catalyst Investment Management Company on the launch of its latest clean-tech fund.
Bedell Cristin has two of its partners included in the Citywealth 2016 IFC Power Women "Top 200" list.
Managing Partner, David Cadin, has been included in the definitive list of the top 50 most influential professionals working in the private client industry.
The Guernsey Financial Services Commission ("GFSC") yesterday launched a new regime for private investment funds, following a brief consultation with industry.
Senior Associate, Henry Wickham, has been named a Gold Award winner in Citywealth’s Future Leaders Awards announced at a prestigious ceremony in London.
David Cadin is a speaker at a leading conference on cloud strategies and the impact of new regulation, organised and hosted by Calligo later this month.
Speaking at the recent Jersey Pensions Association conference, Bedell Cristin's Nancy Chien highlighted the need for pension regulation in Jersey.
Bedell Cristin Jersey Partnership is pleased to announce that it has advised Morgan Stanley as sole placement agent in connection with the successful issue by Quotient Limited ("Quotient") of $120 million fixed rate senior secured loan notes due 2023 (the "...
Bedell Cristin has again acted as Guernsey and Jersey legal advisers to The Royal Bank of Scotland International Limited in connection with the loan facilities made available to Channel Islands Property Fund Limited.
Leading global authorities on financial crime and compliance are in Guernsey next month for the 2016 Guernsey Compliance and & Economic Crime Symposium hosted by the Jersey International Business School.
Two of our leading private client lawyers have been shortlisted in the Citywealth Future Leaders Awards 2017.
A new edition of an acclaimed book on insolvency in Jersey, Channel Islands, has been published which includes updated and enhanced analysis on a range of legal developments in the Island.
Specialist teams from Bedell Cristin's property and corporate departments in Jersey have completed the sale of Liberation House and Windward House on the Jersey waterfront.
Nancy Chien, a Partner in the firm’s Private Wealth and Fiduciary group and Henry Wickham, a Senior Associate in the same group, have been named on a list of young professionals under the age of 40 identified as among the most talented working in the privat...
We are once again attending EXPO Real, the International Trade Fair for Commercial Property and Investment taking place in Munich from 4 - 6 October 2016.
The management buyout of Bedell Trust has completed following regulatory approvals. As a result, Bedell Cristin is now a wholly separate business to Bedell Trust.
The Jersey Pensions Association is staging its inaugural conference next month to address some of the key developments affecting providers of local and international pensions.
Bedell Cristin Guernsey has announced that two of its leading lawyers, Advocate Jon Barclay and Advocate Richard Sharp, have become partners in the firm.
Bedell Cristin has appointed Advocate Kate Ovenden as the new Managing Partner of its award winning Guernsey office.
Acted for IK Investment Partners Limited in connection with the establishment of a Jersey separate limited partnership...
Acted for Ethos Private Equity Pty, widely considered the most experienced and successful private equity investment team in South Africa...
Provided legal advice to Deutsche Asset Management (UK) Limited in connection with the establishment and regulatory licensing of the two general partners of an English limited partnership known as the Pan-European Infrastructure II.
Advised Pacific Equity Partners Pty Limited (a leading and award-winning investment team) in connection with their fifth private equity fund which focuses on investments predominantly in Australia and New Zealand.
Acted for a well-known private investment company, a "patient" global real estate investor, in the establishment of a Jersey very private fund to invest in UK equity and debt investments, as well as the structuring of a complex carried interest vehicle for ...
Acted in connection with this Jersey limited partnership which is a venture capital fund investing primarily in the online, social and mobile game sector, predominantly in Europe, Israel and Turkey.
Advised what was largely reported as the largest hedge fund start-up of 2015 (Bloomberg), in connection with the establishment and regulatory licensing of the Jersey general partner and Jersey manager of the Fund
Litigation partner, and Bedell Cristin’s new Managing Partner, David Cadin, has been re-elected to the post of Bâtonnier.
Bedell Cristin partner, Zillah Howard, has been named ‘Best in Offshore’ for the fifth consecutive year in the Europe Women in Business Law Awards organised by Euromoney Legal Media Group.
We act for the liquidators of a group of companies ultimately owned by a Jersey family trust.
Bedell Cristin was appointed by The Channel Islands Securities Exchange Limited ('The CISE') to act as key advisers in connection with its listing on its own exchange. The transaction saw Bedell Cristin provide legal advice and also act as listing sponsor u...
Bedell Cristin has provided both Jersey and BVI legal advice to Wandle Holdings Limited, the shareholder in Polyus Gold International Limited ("Polyus Gold"), in relation to a US$6.17 billion facility arranged by Sberbank of Russia.
As lead counsel to JT, Bedell Cristin has significant experience in the telecommunications sector.
Bedell Cristin has appointed Kristian Wilson as partner in the firm's Singapore office.
Bedell Cristin has further strengthened its corporate team in response to sustained client demand through the appointment of Guy Westmacott as Senior Associate in the Jersey office.
Bedell Cristin advised the majority shareholder in establishing a joint venture structure to acquire and develop land in Rossington, Doncaster.
As legislative developments make it easier to move between jurisdictions, many offshore companies are choosing to redomicile.
Bedell Cristin acts for incumbent trustee in complex application dealing with issues of trust law, criminal law, money laundering and international cooperation.
Bedell Cristin are once again exhibiting sponsors at the Guernsey Funds Forum which takes place at etc.venues, 155 Bishopsgate in London on Thursday 12 May 2016 from 12pm.
Bedell Cristin, commercial litigation partner, Lisa Springate has been invited to speak at the annual Trusts Conference hosted by BL Events in Jersey, on 25 May 2016.
Bedell Cristin acted for 90 North Real Estate Partners LLP (and its associated investors) and certain Middle Eastern investors in relation to the acquisition
Bedell Cristin acted for Altum Capital Partners Limited in relation to the acquisition of Hough Retail Park, Lichfield Road, Stafford
Zillah Howard will sit on the panel at the forthcoming Jersey Finance Private Client Conference
Bedell Cristin partners, Lisa Springate and James Campbell, have been invited to speak at the Anti-Money Laundering, Financial Crime and Sanctions Conference hosted by Infoline in Jersey, on 26 May 2016.
Bedell Cristin advises in connection with the £140 million financing of the acquisition of a portfolio of office and commercial properties throughout England, Scotland and Guernsey
Protectors feature regularly in Jersey trusts, being appointed by settlors as a means of ensuring that there will be some element of control over the exercise of the trustees' powers.
Bedell Cristin advised as Jersey transaction counsel on two further series of a securitisation programme arranged by Barclays Bank PLC in respect of present and future credit and charge card receivables originated by Barclaycard, a business division of Barc...
Further to our briefing note "The Common Reporting Standard: draft Jersey legislation released" dated November 2015, the Chief Minister's Department has published draft guidance notes dated February 2016 ("Guidance Notes") which provide guidance on the impl...
INSOL Channel Islands One Day Seminar - 9 June 2016
Two of Bedell Cristin's lawyers have been recognised for their high academic achievements in 2015.
Bedell Cristin acted for Altum Capital Partners Limited in relation to the acquisition of certain properties at 36 to 40 (even) Langham Street and 94 Great Portland Street, London
We are once again attending MIPIM - the world's premier real estate event in Cannes, from 14-17 March 2016.
Bedell Cristin has strengthened its highly rated corporate and banking team through a senior appointment in Guernsey.
Bedell Cristin successfully represented the first-named Defendant, an Italian lawyer who spoke very little English
Bedell Cristin's Litigation Team, led by partner David Cadin, secured the acquittal yesterday of an Italian lawyer, Antonino Siracusa, in what is probably one of the largest fraud trials, anywhere, ever.
Bedell Cristin was appointed to advise UBS in connection with the sale of its Jersey alternative fund services business to Japanese headquartered Mitsubishi Fund Services.
We acted for the Jersey borrowers in the Glengall Bridge group, which own development land in London worth in excess of £50m.
James Campbell, a partner at law firm Bedell Cristin, has been included in a prestigious list of the top 50 most influential private client professionals.
Bedell Cristin has acted for Joint Liquidators in the winding up of three Jersey companies ordered under Article 155 of the Companies (Jersey) Law 1991.
Bedell Cristin acted for Altum Capital Partners Limited in relation to the acquisition of a Luxembourg company which owned the Avenue Retail Park, Newport Road, Cardiff
Bedell Cristin acted as Jersey counsel for Aviva Investors and PSP Investments (PSP), one of Canada’s largest pension investment managers, on the sale to PSP of a 50% stake in a central London portfolio.
Leading offshore law firm Bedell Cristin is advising Sacturino Limited ("Sacturino") on the Jersey law aspects of its $9 billion cash takeover offer for the shares in Polyus Gold International Limited ("Polyus Gold").
The draft Taxation (Implementation) (International Tax Compliance) (Common Reporting Standard) (Jersey) Regulations 201- (the "Regulations") were lodged au Greffe on 13 October 2015.
In a recent decision of 23 September 2015, in the matter of the Piedmont Trust and in the matter of the Riviera Trust  JRC 196, the Royal Court in Jersey examined the extent of the duties of a person exercising a power to appoint trustees and protecto...
Bedell Cristin advises in connection with the £59 million financing of the acquisition of a Jersey property unit trust owning one of Scotland's largest shopping centres
Statistics published in Jersey's biannual Labour Market Survey show that the number of "zero hours" contracts in use in the private sector rose by 470 in the year to June 2015. Total headcount in the private sector increased by 860. In contrast, numbers of ...
For the fourth year running Bedell Cristin Guernsey, in partnership with the Guernsey Sports Commission, committed to a week-long celebration of local sports volunteers.
The Channel Islands Securities Exchange Authority Limited (the "Exchange") has carried out a comprehensive review of the Chapter 8 Listing Rules and a revised chapter entitled 'Specialist Securities' will be published and come into effect, today, 19 October...
JFSC directions, disqualification, criminal and civil penalties: there are a plethora of Jersey domestic provisions covering the ways in which sanctions of this nature can be imposed on Jersey directors.
Bedell Cristin partner Martin Paul is due to speak at the Channel Islands Funds Forum in Jersey.
Bedell Cristin is the only offshore firm to have a practitioner featured in the list of the ‘Top 35 Under 35’ published this week by the leading private wealth publishing group, eprivateclient.com (Private Client Practitioner).
On 3 August 2015, the Privy Council has helpfully explained the nature of the credits and debits that apply when operating a bank account.
A number of significant amendments to Guernsey's company legislation, the Companies (Guernsey) Law, 2008 (as amended), have come into force today, 3 September 2015, subject to certain transitional provisions.
Nancy Chien has been appointed a partner of Bedell Cristin in Jersey.
Bedell Cristin advises in connection with the £114 million financing of the acquisition of a Jersey property unit trust owning one of England's largest shopping centres
Insolvency and trust specialists will gather in Guernsey on Wednesday 9 September 2015 for a one day seminar looking at the issues affecting practitioners.
On 19 August 2015 the Royal Court of Guernsey issued an important Practice Direction concerning the information which will be required to accompany any future application for the appointment of a liquidator or administrator.
The European Securities and Markets Authority (ESMA) has issued its advice to the European Commission, Parliament and Council in relation to the application of the AIFMD passport to non-EU Alternative Investment Fund Managers (AIFMs) and non-EU Alternative ...
Bedell Cristin partner Bruce Scott and senior associate Amedeo Claris-Delmedico acted as Jersey counsel to Harrison Street Real Estate Capital in connection with the establishment of its maiden European student housing opportunity fund, which raised €135 mi...
Bedell Cristin have acted on the recent successful restructuring of syndicated bank facilities of over $5 billion for United Company Rusal plc ("Rusal").
The Alternative Investment Funds (Amendment of Regulations No.2) (Jersey) Order 2015 came into force this week, as a result of which English and Scottish limited partnerships may, subject to certain conditions, now elect to be regulated in Jersey as Jersey ...
An outline of recent developments in how litigation can be funded, both in the Jersey and English Courts, attracted a wide range of senior finance professionals to a seminar hosted by Bedell on 8 July 2015 entitled ‘The New Dawn in Litigation Funding’.
Bruce Scott and Tom Davies of Bedell Cristin's London office advised a joint venture vehicle established by Cain Hoy Enterprises, LLC, Galliard Homes and MG Properties
On 29 July 2015 a number of significant changes to Guernsey's company legislation, the Companies (Guernsey) Law, 2008 (as amended), are expected to be approved by the States of Guernsey.
Two Bedell Cristin partners were recognised as leaders in their field across Europe in the Europe Women in Business Law Awards organised by Euromoney Legal Media Group.
Bedell Cristin has been shortlisted in the prestigious STEP (Society of Trust & Estate Practitioners) Private Client Awards for 2015.
Bedell Cristin acted for 90 North Real Estate Partners LLP (and its associated investors) and certain Middle Eastern investors in relation to the acquisition
Litigation funding arrangements were first approved by the Royal Court in Jersey in 2011. Since then the market and legal thinking has developed and the options available have increased such that illiquidity, limited assets or simply a desire not to risk ev...
Following the introduction of the Approved Managers regime in 2012, two new complimentary fund products have been added in the British Virgin Islands under the Securities and Investment Business (Incubator and Approved Funds) Regulations, 2015; the incubato...
On 1 May 2015, leading litigation funders Therium Capital Management Limited ("Therium") announced a market-transforming £200 million private fundraising to invest in the costs of large-scale commercial litigation, group litigation and arbitration globally.
Bedell has been shortlisted in the ‘Offshore Law Firm of the Year’ category in the prestigious Asian Legal Business SE Asia Awards 2015 for the third consecutive year.
The Bedell Cristin Blades ladies four rowing team has agreed sponsorship with law firm Bedell Cristin in Guernsey for the third successive year.
Bedell Cristin are once again exhibiting sponsors at the Guernsey Funds Forum which takes place at etc.venues, 155 Bishopsgate in London on Thursday 14 May 2015 from 12pm.
In Guernsey, collective investment schemes (open- or closed-ended) can either be "authorised" or "registered".
Bedell Crsitin has been shortlisted for a further industry awards adding to the accolades achieved to date this year.
The BVI is the world's leading offshore corporate domicile with close to half a million active companies, a user friendly companies law and a modern Commercial Court.
Bedell Cristin partner Edward Drummond is due to speak at C5's 28th Forum on Fraud, Asset Tracing and Recovery in Geneva.
Partner Robert Gardner acted for the settlor of the Strathmullan Trust who had settled substantial funds into a Jersey law trust some 15 years ago.
Bedell Cristin has assisted Artex Risk Solutions and PwC in the creation of a new regulated insurance platform structured as an ICC (Iccaria Insurance ICC Limited).
Bedell Cristin partners have been shortlisted in the WealthBriefing European Awards 2015.
James Campbell will sit on the panel at the forthcoming Jersey Finance Private Client Conference
Partner Robert Gardner and Senior Associate Paul Lewis acted for Hans-Peter Dohr in a dispute relating to Mr Dohr's former directorships of two Jersey airport infrastructure and power investment funds which previously had €1.3 billion under management.
Bedell Cristin acted for 90 North Real Estate Partners LLP (and its associated investors) and certain Middle Eastern investors in relation to the acquisition
We are once again attending MIPIM - the world's premier real estate event - in Cannes from 9-13 March 2015.
Bedell Cristin's Jersey office has advised GTS Chemical Holdings plc ("GTS"), a speciality chemicals producer and the largest Chinese manufacturer of ammonium sulfite, on its £36.83million AIM IPO and £3million fundraising.
Anthony Robinson, assisted by David Cadin, Edward Drummond and Dina El-Gazzar recently acted for Christopher Rokos, one of the co-founders and a highly successful trader with Brevan Howard (the largest hedge fund manager in Europe).
Bedell partner, Lisa Springate, was the only Jersey lawyer included among 24 individual award winners from firms across the country, including partners in many of the leading City law firms, in the Citywealth Power Women Awards 2015.
Bedell Cristin Guernsey has been named Offshore Law Firm of the Year in the UK Captive Services Awards 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...
Bedell Cristin's Guernsey and Jersey offices have acted alongside each other as counsel to the French mutual Covéa in connection with its purchase of UK regulated life insurer Sterling Insurance Group.
Bedell has been recognised in a number of industry awards.
In recent times, there has been a marked increase in the use of co-ordinated economic sanctions by the European Union, the United Nations and individual states against rogue states and organisations and, on a targeted basis, against specific individuals and...
Lisa Springate is to speak at the "Protectors & Power-holders in Trust International Symposium" at the Grange Tower Bridge Hotel in London on 26 February 2015.
Bedell Cristin has four of its lawyers included in the Citywealth 2014 IFC Power Women list and is the only firm to have three included in the Jersey section.
The Privy Council has delivered a significant ruling on trust jurisdiction clauses in Crociani & O'rs v Crociani & O'rs  UKPC 40.
In a welcome development, Jersey's Chief Minister has signed into law new legislation designed to simplify and encourage the establishment and operation of hedge fund management businesses in Jersey.
The amazing tale of Mukhtar Ablyazov, a Kazakh oligarch alleged to have committed a multi-billion dollar fraud, was the subject of a seminar jointly hosted by Bedell Cristin and KPMG at the Pomme D'Or on 5 November 2014.
The Charities (Jersey) Law 2014 (the "Charities Law") is being brought into force on a staged basis, beginning today, as part of the Island's initiative to strengthen and develop Jersey's position as a centre of excellence for philanthropic wealth management.
Bedell Cristin is delighted to announce its involvement in the recent sale of leading Jersey trust company and corporate services business, Seymour Trust Company Limited, to the First Names Group.
Lisa Springate, has been shortlisted for Woman of the Year within the Business Growth category at the Citywealth Power Women Awards.
The draft Charities (Jersey) Law 201- (the "Charities Law") received Privy Council approval yesterday.
Bedell Cristin acted for Altum Capital Partners Limited in relation to the acquisition of Johnstone House, 50-54 Rose Street, Aberdeen
Bedell Cristin Guernsey partner, Kate Ovenden, will be attending MIPIM UK at Olympia, from 15 - 17 October 2014, where she will be based at the Guernsey Finance stand.
Bedell Cristin partners Anthony Dessain and Edward Drummond and Associate Jessica Bermingham have acted on the recent successful restructuring of syndicated bank facilities of over $5 billion for United Company Rusal plc ("Rusal"), a Jersey company listed o...
The draft Income Tax (Amendment No. 44) (Jersey) Law 201- (the "New Law") was passed by the States Assembly (Jersey's government) today. The introduction of this legislation is designed to simplify and modernise the taxation of pensions and to increase the ...
Mark Dunlop and Edward Drummond were speakers at the Institute of Law conference "The Enforcement of Creditors Rights'
Bedell Cristin has further strengthened its banking and corporate teams in Jersey through the appointment of two experienced local lawyers.
Bedell Cristin is the only offshore law firm to have two practitioners included in the lists of the ‘Top 35 Under 35’ published this week by the leading private wealth magazine, eprivateclient.com (Private Client Practitioner).
Bedell Cristin's Jersey corporate team has advised LSE AIM listed company, Produce Investments plc on its successful acquisition of The Jersey Royal Potato Company, one of the main suppliers of the iconic Jersey potato, for a total cost of £15m.
The latest version of the Crown Dependency Guidance Notes to FATCA, which was released on 28 July 2014, has provided further changes to, and clarifications of, the obligations of Jersey Financial Institutions in respect of FATCA.
We are pleased to announce our membership of the World Services Group (WSG) representing both Jersey and Guernsey in the Channel Islands. We are looking forward to working with other member firms and developing our membership.
We are once again attending EXPO Real 2014, the International Trade Fair for Commercial Property and Investment, in Munich from the 6-8 October 2014.
Jersey Funds Forum 2014 - The Global Perspective
In a welcome development, the Jersey Financial Services Commission has confirmed that it will licence both Jersey-law and foreign-law LLPs for fund services business under the Financial Services (Jersey) Law 1998, pursuant to new policy papers published by ...
Bedell Cristin acted for the Unite UK Student Accommodation Fund (USAF) in relation to its acquisition of a 2,904 bed student accommodation portfolio for £137 million.
Bedell Cristin acted as Jersey counsel to Max Property Group Plc (Max) in connection with the disposal of Max's entire property business to a company controlled by Blackstone Real Estate Partners IV (Blackstone) in a deal valuing the Max group at £448m.
The Minister for Treasury and Resources announced major changes to Jersey's pensions regime as part of the 2015 Budget on 17 July 2014; draft legislation on those changes was lodged au Greffe on 18 July 2014 ("Draft Law").
The Companies (Amendment No.11) (Jersey) Law 2014 (the "Amendment Law") came into force on 1 August 2014.
Restructuring of syndicated bank facilities of over USD 5 billion for United Company Rusal plc
World class international musicians are in Jersey this week to perform along with some of the world’s leading music college students as part of the Jersey International Masterclasses.
The draft Charities (Jersey) Law 201- (the "Charities Law") was passed by the States Assembly (Jersey's government) today and is now awaiting Privy Council approval.
Today marks the fifth anniversary of the introduction of the Jersey foundation. Recognising the growing demand for foundations by the Island's increasingly international client base, the Foundations (Jersey) Law 2009 (the "Jersey Foundations Law") was brou...
The Court of Appeal in Jersey has broken new ground by ordering an interim payment on account of costs in Crociani, Foortse, BNP Paribas Jersey Trust Corporation Ltd & Appleby Trust (Mauritius) Ltd v Crociani & O'rs  JCA 095.
The first updates in six years to guidelines aimed at local directors will be discussed at a seminar and book launch being held by the Jersey branch of the Institute of Directors (IoD) next month.
We are delighted to announce that, for the third successive year, Bedell Cristin partner Zillah Howard has been awarded ‘Best in offshore’ at the Europe Women in Business Law Awards organised by the Euromoney Legal Media Group.
We are pleased to announce our membership of Globalaw and we are looking forward to working with other member firms.
Kate Ovenden and Tristan Ozanne of Bedell Cristin's Guernsey office, together with Kirkland & Ellis LLP, have recently advised SOF Investments Limited in relation to the establishment of Special Opportunities Fund (Guernsey) LP.
Views from an article which examines the BVI’s relationship with Asia, written by two of Bedell Cristin’s leading lawyers, have been quoted in a recent news report in the South China Morning Post.
Alasdair Davidson, assisted by Jon Barclay led the successful application in the matter of Esquire Realty Holdings Limited on 16 April 2014.
The Royal Court of Guernsey has delivered a landmark ruling in the matter of Esquire Realty Holdings Limited on 16 April 2014.
Nearly 150 people gathered to participate in the Swim the Sound fund raising event earlier this month (June 1) and between them they raised over $US 21,000 for Virgin Islands Search and Rescue (VISAR).
Partner, Bruce Scott is a panelist at the "Legal Week - Audience with ... Private Client" on Thursday 12 June 2014 at The Law Society, London. Discussions will include the latest trend and developments in the world of Private Client Real Estate
Jurisdictional issues in a globalised world – a Jersey view point
The draft Charities (Jersey) Law 201- (the "Charities Law") has been lodged today for debate in July by the States Assembly (Jersey's government).
Bedell Cristin in Guernsey have acted for Artex Risk Solutions in relation to the acquisition of Heritage Insurance Management Limited, the specialist captive and insurance management arm of Guernsey headquartered Heritage Group.
The shortlist for the fourth annual Euromoney Legal Media Group Europe Women in Business Law Awards has been announced where Bedell Cristin have three lawyers nominated.
Bedell Cristin has been shortlisted in the ‘Offshore Law Firm of the Year’ category in the prestigious Asian Legal Business SE Asia Awards 2014.
The Premier of the BVI, Dr. the Honourable D Orlando Smith, OBE, led the guest list at a drinks reception hosted by law firm Bedell Cristin.
On 4 February 2014 the Commercial Court in Ireland (the "Court") gave its judgment in Greene and Others v Coady & Others  IEHC 38, otherwise known as the "Element Six" case.
Bedell Cristin has been named ‘Offshore Law Firm of the Year’ at the Chambers Europe Awards for Excellence 2014.
ILS Insight is a free thought leadership event hosted by Guernsey, which takes place on Wednesday 2 July 2014 at the Park Hyatt Zurich and brings together experts from across the ILS space for dialogue and debate surrounding the top industry issues of 2014/15.
The Court of Appeal in Jersey has set a new test for permission to appeal from all future decisions of the Royal Court in civil proceedings.
Bruce Scott and Tom Davies of Bedell Cristin's London office advised UNITE Group Plc's and Oasis Capital Bank's joint venture entity (the "JV") in respect of the sale of three student accomodation sites for £174,000,000 to Greystar. Nabarro LLP advised the ...
Bruce Scott and Tom Davies of Bedell Cristin's London office advised Wells Fargo as to matters of Jersey law in respect of its £150,000,000 debt facility provided to Legal & General Property for its second UK Property Income Fund and then in respect of the ...
The Court of Appeal in Jersey has delivered a landmark ruling in Crociani, Foortse, BNP Paribas Jersey Trust Corporation Ltd & Appleby Trust (Mauritius) Ltd v Crociani & Others  JCA 089 (“Crociani”).
Jersey is one of the few offshore jurisdictions with limited liability partnership legislation, namely the Limited Liability Partnerships (Jersey) Law 1997, as amended (the “Jersey LLP Law”).
An innovative equity deal in which Bedell Cristin acted as Jersey legal adviser has been named the Equity Deal of the Year at the International Financial Law Review (IFLR) European Awards 2013.
The Royal Court of Jersey has determined a novel point of insolvency law in relation to the vesting of claims in a désastre, Jersey's unique bankruptcy regime for personal and corporate debtors.
Dick Cristin, the founder of Bedell Cristin, created the R.H. Cristin Settlement with the intention of benefiting the advancement of liver research and the alleviation of suffering for those with liver disease.
Bedell Cristin recently advised and acted for a Jersey company (the "Company") in respect of a challenge to a notice issued pursuant to Taxation (Exchange of Information with Third Countries) (Jersey) Regulations 2008 (the "Regulations") by the Comptroller ...
On 4 March 2014, the Royal Court gave judgment in Boyd v. Rozel Channel Islands Limited and Others  JRC056
Emily Haithwaite is a panel member at the Globalisation of Investment Funds Conference in Paris on the 8 - 10 June 2014 "How should alternative funds be structured in the light of new regulation".
Acting for Chevron Corporation in litigation and related issues in Guernsey.
Bedell Cristin’s Guernsey Managing Partner, Mark Helyar, is the only contributor from the Crown Dependencies included in the third edition of the International Comparative Legal Guide to Insurance and Reinsurance 2014, a practical cross border insight into ...
In Soniawear Ltd v Central Electricity Board 2013 SCJ 422, the Supreme Court considered the effect of amalgamation on a surviving company.
Bedell Cristin Guernsey has been named offshore law firm of the year in the UK Captive Services Awards 2014.
INSOL Channel Islands One Day Seminar - 12 June 2014
We are once again attending MIPIM - the world's premier real estate event - in Cannes from 11-13 March 2014.
Erica Mandryko, an experienced corporate and commercial specialist in BVI law, has been appointed to strengthen the BVI team.
Following our recent news releases concerning The Channel Islands Stock Exchange, LBG ("CISX"), the restructure of the CISX by way of a scheme of arrangement was approved by the Royal Court of Guernsey on 20 December 2013.
An Islamic finance deal in which the firm’s Guernsey office acted, has won an award in the Islamic Finance Deals of the Year 2013 as chosen by the influential publication, Islamic Finance News.
End of transitional arrangements approaching fast
Bedell Cristin is currently advising a number of trust companies and individuals in relation to requests under Tax Information Exchange Agreements ("TIEAs").
Bedell Cristin acted for JT (Jersey) Limited ("JT") in successfully overturning a decision of the Jersey Competition Regulatory Authority ("the JCRA") which would have modified JT's licence and required JT to implement a new system of wholesale line rental.
A partner of Bedell Cristin has once again been named among the top 50 most influential private client professionals by a leading wealth management publication.
Zillah Howard has been named among the top 50 most influential private client professionals by a leading wealth management publication for the second consecutive time.
The Channel Islands insolvency body, the Association of Restructuring and Insolvency Experts ('ARIES') has had its membership of the premier global insolvency body, INSOL International, ratified.
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").
Further to our previous update, the Channel Islands Stock Exchange ("CISX") has now confirmed that it is once again able to consider new listing applications in the usual course of business.
The two most frequent requests in recent times for change directed by the construction industry to the Planning Department at South Hill have been for the introduction of a planning appeals system based on the planning merits to an independent body and for ...
Jersey's trusts legislation has been amended today to enshrine in statute the existing Jersey case law provisions in relation to mistake and Hastings-Bass.
For Russian and CIS clients wishing to establish a structure for the preservation of private wealth, Jersey represents a very attractive choice.
Bedell has two people from its legal teams recognised in the Citywealth Jersey’s future leaders list for 2013, more than any other Jersey firm.
As you may already be aware from various recent press releases, the Channel Islands Stock Exchange ("CISX") announced on 14 October 2013 that it was not processing new listing applications for an estimated period of one month whilst a corporate restructurin...
On 9 October 2013, the Trusts (Amendment No. 6) (Jersey) Law 201-, the terms of which were summarised in our e-alert dated 17 July 2013 (please click here to review), was approved by the Privy Council.
Bedell is once again one of the sponsors at the STEP Asia Conference taking place at the Marina Bay Sands Hotel, Singapore on 13 - 14 November 2013.
At its next meeting on 30 October 2013, the States of Guernsey will be asked to approve further changes to the Companies (Guernsey) Law, 2008, as amended.
Acting for the beneficiaries of a Jersey law trust in the first Hastings-Bass application after the Supreme Court judgement in Futter-v-Futter / Pitt-v-Holt.
Bedell Cristin litigation partners, Mark Taylor and Lisa Springate have been invited to speak to members of the STEP Committee in Geneva on 17 October 2013.
Bedell Cristin has won the ‘Offshore Law Firm of the Year’ category in the prestigious new Legal 500 UK Awards 2013.
Bedell Cristin has bolstered the corporate and finance offering of its London- based Jersey legal team with the appointment of Tom Davies as a Senior Associate.
On 17 September 2013, the Royal Court of Jersey delivered a judgment, In the matter of The Onorati Settlement  JRC 182.
Emily Haithwaite is chairing the panel focusing on the Channel Islands Model Navigating through Waves of Change at the 4th Annual Channel Islands Funds Forum on 25 September 2013.
Acting for the Plaintiffs in breach of trust proceedings seeking restitution of in excess of US$ 100m.
Bedell Cristin Partner Zillah Howard has been invited to speak at the "Legal Week Private Client Forum 2013" taking place at Villa d'Este, Lake Como, Italy from the 31 October to 2 November 2013.
In a tradition which dates back to at least 1309, the Royal Court of Jersey yesterday held its annual Assise d'Heritage which marks, with much pomp and ceremony, the opening of the legal year in Jersey.
Bedell Cristin is the only firm in the Channel Islands to have two practitioners included in a list of the ‘Top 35 under 35’ published this week by the leading private wealth magazine, Private Client Practitioner.
Bedell Cristin has appointed Rob Gardner and Edward Drummond as partners to further strengthen the firm’s top ranking litigation group in Jersey.
Bedell Cristin Litigation Partner, Lisa Springate has been invited to speak at the "International Trust and Estates Litigation Conference" to be hosted by Butterworths Conferences in London on 30 September 2013.
Bedell Cristin acted as the Jersey legal adviser for CVC Credit Partners Limited in relation to the establishment, launch and listing of CVC Credit Partners European Opportunities Limited (the "Company").
Zillah Howard, partner at Bedell Cristin, has been recognised in a list that identifies the top 100 women working in the global private client industry.
An event like no other is currently being produced that will feature original music of all genres mixed with live choreography, film and design.
A NEW award has been launched by the organisers of Bedell Cristin Volunteers’ Week to recognise young sports volunteers.
World class musicians and their students will be in Jersey this week for a series of concerts, lectures and master classes.
Bedell Cristin acted as legal adviser in the acquisition by First Names Group of international trust business, Basel Group, which completed on 17 July 2013.
It has been announced that Bedell Cristin’s Litigation Partner, David Cadin, has been appointed to the post of Bâtonnier.
Jersey's government has approved an amendment to the Island's trusts legislation which will enshrine in statute the existing Jersey case law provisions in relation to mistake and Hastings-Bass.
On 30 May 2013, the European Securities and Markets Authority ("ESMA") approved cooperation agreements to be signed by the Guernsey regulator, the Guernsey Financial Services Commission ("GFSC").
Jersey Finance commissioned a study to analyse for the first time the value of the Jersey economy to the UK.
Board performance, governance matters, and risk in the boardroom are among the hot topics that will be examined in the third businesslife.co Boardroom Intelligence Seminar, on Wednesday 10 July, from 2pm to 5.30pm.
In the case of In the Matter of the Dunlop Settlement  JRC 123 the Royal Court of Jersey has provided useful guidance as to the costs position of a beneficiary convened to a neutral application relating to the administration of the trust.
Bedell Cristin partner Zillah Howard has been awarded ‘Best in Offshore’ at the Europe Women in Business Law Awards organised by the Euromoney Legal Media Group.
Bedell Channel Islands Limited acted as listing sponsor for dnata Aviation Services Limited in relation to the listing of Unsecured Loan Notes on the Channel Islands Stock Exchange, which were admitted on the Official List on 1 May 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.
Acting for Deloitte LLP, the joint administrators to the four companies that hold the 35 property strong “Gemini” securitised property portfolio.
Under Jersey law there is currently an inequality between the rights of a widow on the testate death of her husband and the rights of a widower on the testate death of his wife, to a life enjoyment of their deceased spouse's immovable estate.
The Royal Court of Jersey has handed down its judgment in the most recent hearing of the proceedings brought by Barclays Wealth Trustees (Jersey) Limited and Barclays Wealth Fund Managers (Jersey) Limited as trustee and manager of the R2R Funds against the ...
On 22 May 2013, the Court of Appeal of England and Wales delivered the reasoned judgment for allowing the appeal from the decision of the High Court of 12 April 2013 which we referred to in an e-alert dated 2 May 2013.
The Draft Discrimination (Jersey) Law 201- (the "Law") was passed by the States of Jersey on 14 May 2013. It is expected to come into force in 2014.
On 30 May 2013, the European Securities and Markets Authority ("ESMA") announced that it has approved cooperation agreements to be signed by the Guernsey regulator, the Guernsey Financial Services Commission ("GFSC").
With just a few weeks to go until 22 July 2013, the date upon which the Alternative Investment Fund Managers Directive (the "Directive") must be implemented in all EEA Member States*, the cooperation agreement between Jersey and the competent authorities of...
Bedell Cristin has been named ‘International Law Firm of the Year’ in the Citywealth Magic Circle Awards 2013.
1 January 2015 will be a key date in many forthcoming disputes between landlords and tenants as to who is to bear the cost of replacing air conditioning systems.
In the Matter of the Representation of C, D, E and F and In the Matter of the A and B Trusts  JRC 169A, in a judgment released at the end of April, the Royal Court of Jersey has provided welcome guidance as to the scope of the duties of a trust protec...
Bedell Cristin Partner, Lisa Springate has been shortlisted for the 'Best in Offshore' in the Europe Women in Business Law Awards organised by the Euromoney Legal Media Group.
Ability to order interim payments on account of costs confirmed
The Golden Thread has been referred to in several recent cases, including by the English Supreme Court in the well known case of Rubin v. Eurofinance SA; New Cap Reinsurance Corp Limited v. Grant  UK SC 46. This case examined the effect of enforcement...
Bedell Cristin acted as Jersey counsel to Barclays Bank PLC and Merrill Lynch Pierce Fenner & Smith Incorporated as joint global coordinators, mandated lead arrangers and bookrunners in connection with the repricing and increase of the existing cross-border...
Bedell Cristin acted, with DLA Piper UK LLP's Birmingham office, for The Royal Bank of Scotland plc in connection with facilities of £130 million made available to an acquisition vehicle established by Extra MSA Group to acquire M40 Oxford and M3 Fleet and ...
Bedell Cristin Investment Funds Partner Emily Haithwaite is taking part in a high level webcast roundtable discussion on how to be better prepared for the introduction of the Alternative Investment Fund Managers Directive (AIFMD).
Bedell Cristin Partner David Cadin will be chairing one of the sessions as a confirmed speaker at the prestigious Law Via the Internet (LVI) conference to be held in Jersey this September.
Bedell Cristin has seconded Caroline McGrath, one of our funds lawyers, to the Jersey Financial Services Commission (JFSC) to assist with the implementation in Jersey of the applicable provisions of the Alternative Investment Fund Managers Directive (AIFMD).
Since the autumn of 2012 there has been a whirlwind of activity in the Jersey employment law sphere.
It is important that Jersey pension schemes which receive transfers from UK pension schemes or other Qualifying Recognised Overseas Pension Schemes ("QROPS") comply with the requirements in the UK.
Bedell Cristin advised AXA Real Estate Investment Managers (AXA Real Estate) on the recently completed £472m acquisition of Ropemaker Place in the City of London from British Land.
Received wisdom may be that discovery is a stage in litigation which is only reached after pleadings have closed and which requires the parties to that litigation to list the relevant documents that are or were within their custody, power or possession and ...
Bedell Cristin has been short listed in the ‘Offshore Law Firm of the Year’ category of the Asian Legal Business SE Asia Law Awards 2013.
Bedell Cristin has been included in the short list for International Law Firm of the Year
Cloud computing has been much publicised as the next big innovation in business computing. Over the past 12 months, internet companies such as Google, Microsoft and Amazon have ramped up their offering of cloud services, selling the convenience of 24/7 acce...
Bedell Cristin hosted a seminar yesterday, Thursday 14 March, at the Old Government House Hotel in Guernsey on the subject of data management and, in particular, electronic data management.
Advising the purchaser on all pension law issues relating to an acquisition of a trust company business.
Advising in relation to the termination of a pension scheme.
Advising a UK based employer on the establishment of a pension arrangement for the staff of its Jersey and other overseas operations.
Bedell Cristin has continued to bolster the pan-Channel Island capabilities of its litigation team.
The Alternative Investment Fund Managers Directive (the "Directive") must be implemented by EU Member States by 22 July 2013.
Bedell Cristin Jersey Partnership working with Herbert Smith Freehills LLP provided Jersey law advice to Gazprombank in connection with syndicated acquisition facilities of US$700 million.
Bedell Cristin advised in relation to the acquisition of the syndicated investment structure, which owns The Tower 42 Estate, Old Broad Street, London.
Bedell Cristin has strengthened its Commercial Property Law Team by the recruitment of Peter Bertram, one of Jersey’s foremost property lawyers.
Bedell Cristin Guernsey has been named offshore law firm of the year in the UK Captive Services Awards 2013.
Bedell Cristin Jersey has recently recruited a new lawyer into its Private Wealth and Fiduciary group.
The Supreme Court has now given its judgment on the eagerly awaited appeal by Prudential regarding whether or not legal advice privilege should be extended to communications in connection with advice given by professional people who are not qualified lawyers.
One of Guernsey’s leading corporate and finance lawyers has joined Bedell Cristin.
The enforcement of English matrimonial orders against Jersey trusts has undergone huge change in recent times, including the latest changes made by the Trusts (Amendment No.5) (Jersey) Law 2012.
Bedell Cristin in Guernsey has expanded with the appointment of Kerrie Le Tissier as a senior associate.
A Bedell Cristin team headed by London-based partner, Bruce Scott and assisted by associate, Amedeo Claris-Delmedico, provided Jersey legal and regulatory advice to AXA Real Estate Investment Managers in connection with the establishment and launch of the U...
Bedell Cristin hosted a seminar on 17 January 2013 for nearly 100 clients on the subject of data management, and in particular electronic data management.
Limited Liability Partnerships (Amendment of Law) (Jersey) Regulations 2013 (the "Regulations") came into force on 17 January 2013 amending the Limited Liability Partnerships (Jersey) Law 1997 (the "Law").
Bedell Cristin in Guernsey has been shortlisted in the UK Captive Services Awards for 2013 in the offshore law firm of the year category.
A team from Bedell Cristin acted for Longreach Oil & Gas Limited (a Jersey company) ("Longreach") on its successful acquisition of APIC Petroleum Corporation (a Canadian company) ("APIC").
Bedell Cristin has advised on the corporate and regulatory due diligence in respect of several financial services businesses acquired by private equity buyers.
Bedell Cristin has acted as reporting professional under the Financial Services (Jersey) Law 1998.
Bedell Cristin has provided advice to the boards and trustees of various funds and other structures which have faced financial and/or regulatory difficulty.
Bedell Cristin has advised a variety of firms on the development of financial services products.
Bedell Cristin has assisted a number of businesses in obtaining regulatory authorisation.
Bedell Cristin has provided advice to overseas regulatory authorities.
Bedell Cristin has assisted clients in responding to new and evolving legislation and regulation.
We provided Jersey legal advice to Aviva Investors in connection with the establishment and launch of the Aviva Investors REaLM® Multi Sector Unit Trust.
Bedell Cristin has acted for new client Health Care REIT, Inc. on the acquisition of a portfolio of five residential care homes in the UK.
Bedell Cristin has advised Jersey company Jmart Limited (Jmart) on its acquisition of Spar (Channel Islands) Limited (Spar CI) and The Channel Island Wholesale Group (CIWG).
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 Shirnovic Trust, the Royal Court had to consider whether this principle applied ...
Bedell Cristin working with Latham & Watkins LLP, provided Jersey law advice to Mattel, Inc. in connection with its acquisition of HIT Entertainment.
We represent the Plaintiffs in the case of "In the Matter of the Valetta Trust".
Bedell Cristin London acted as Jersey legal advisers to Banc of America Securities and Merrill Lynch International as arrangers in connection with the financing of the acquisition by Kerling plc, a subsidiary of INEOS, of the Tessenderlo Group.
Bedell Cristin London acted as Jersey legal advisers to DZ BANK in connection with a new trade receivables transaction under the bank's €10 billion Coral Programme.
Bedell Cristin London acted as Jersey legal advisers to DZ BANK in connection with a new auto loan transaction under the bank's €10 billion Coral Programme.
We have acted for the Special Servicer of a £1.45 billion commercial real estate loan made to the Protractor Group.
Bedell Cristin has advised GI Partners, a leading private investment firm, on the Guernsey and Jersey legal aspects of its £82.7 million freehold acquisition, in partnership with Rowan Asset Management ("Rowan"), of Aldwych House, a 163,000 square foot offi...
We provided Jersey legal advice in relation to the establishment of the Union Kokusai Equity Fund.
We acted as lead counsel to the fund and to Lombard Odier Darier Hentsch & Cie in connection with the restructuring of Cogeflex Limited.
We acted as Jersey legal advisers to two Jersey entities in obtaining licences under the Financial Services (Jersey) Law 1998.
We advised South African private equity house Ethos Private Equity Limited on the establishment of Ethos Fund VI (Jersey), L.P.
We provided Jersey legal advice to Adveq Management AG, the Swiss private equity house, in connection with the establishment and regulation of Adveq Opportunity Management III L.P.
We provided Jersey legal advice to Adveq Management AG, the Swiss private equity house, in connection with the establishment of Adveq Technology Management VII, L.P.
We advised on this second fund in RREEF's Pan European Infrastructure series, being a closed-ended fund.
We are instructed by a Jersey trustee in proceedings involving various family trusts (with different proper laws) and foreign underlying companies.
Bedell Cristin provided Jersey legal advice to Aviva Investors in connection with the establishment and launch of five Jersey Expert Funds.
Bedell Cristin Guernsey Partnership has advised Barclays Bank, Barclays Corporate, The Royal Bank of Scotland plc and National Westminster Bank plc on Guernsey law security relating to Photobox’s £120m purchase of online cards retailer Moonpig.com.
Bedell Channel Islands Limited acted as listing sponsor for Dnata Catering Services Limited in relation to the listing of £40 million Unsecured Loan Notes on the Channel Islands Stock Exchange, which were admitted on the Official List on 29 December 2010.
Bedell Cristin acted for The Royal Bank of Scotland plc and Barclays Bank plc as joint lead arrangers in connection with syndicated acquisition facilities of £180 million made available to Evergreen Extra MSA Holdings Limited.
Bedell Cristin, working with Allen & Overy's London, Luxembourg and New York offices, provided Jersey law advice to lenders in connection with a US$1.2 billion satellite project financing secured by O3b Networks Limited.
Acting for Deloitte LLP, the Joint Liquidators of numerous companies in the Belgravia Group.
Alasdair Hunter led the Bedell Cristin team in Jersey and Guernsey advising CB Richard Ellis Loan Servicing Limited as special servicer of the £1.15 billion White Tower 2006-3 plc CMBS transaction.
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 ...
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 ...
The Channel Islands Securities Exchange (CISE) has experienced an increased interest in listing specialist securities, particularly high yield bonds, since the introduction of a new European Union (EU) market abuse regime on 3 July 2016, effected as a resul...
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 ...
This briefing explains how foreign arbitral awards may be enforced in Jersey.
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.
The Alternative Investment Market (AIM) is not designated as a "recognised stock exchange" by HM Revenue & Customs (HMRC) and therefore shares traded on AIM cannot be held in a stocks and shares Individual Savings Account (ISA). However, shares which are t...
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 Channels Islands Securities Exchange (CISE) may be used to facilitate REIT stru...
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 ...
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...
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...
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 ...
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,...
The British Virgin Islands ("BVI") have become the world’s premier international corporate domicile, with over 465,000 active companies.
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 ...
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 ...
This briefing will examine key aspects of taking and registering security in the British Virgin Islands.
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.
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.
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...
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...
A summary winding up is a statutory procedure used to wind up a solvent Jersey company.
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...
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.
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...
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...
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 ...
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 ...
In December 2013, following the restructuring of the Channel Islands Stock Exchange (the "CISX"), the Channel Island Securities Exchange Authority Limited (the "Exchange") commenced operations. The Exchange provides a listing facility and market for compan...
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.
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...
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...
This briefing summarises the key changes made by the Companies (Guernsey), Law, 2008 (Amendment) Ordinance, 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...
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...
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...
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.
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...
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").
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...
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)...
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.
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.
While there are many options for estate planning and succession to BVI shares, the most straight forward option is to ensure that the BVI shares are covered by a well thought out will that effectively deals with the shares.
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...
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...
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.
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...
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.
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.
The Foundations (Jersey) Law 2009 (the "Law") allows for the incorporation of Jersey foundations.
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...
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...
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.
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...
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...
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...
In Crociani & O'rs v Crociani & O'rs & Camilla de Bourbon des deux Siciles  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...
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.
This briefing outlines the statutory provisions relating to Jersey schemes of arrangement.
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 ...
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.
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 ...
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...
A global business company ("GBC") is an entity incorporated under the Companies Act 2001 of Mauritius. A global business company is distinct from a domestic company and is licensed by the Financial Services Commission of Mauritius (the "FSC") for the purpos...
In Crociani, Foortse, BNP Paribas Jersey Trust Corporation Ltd & Appleby Trust (Mauritius) Ltd v Crociani & O'rs  JCA 095 ("Crociani"), the Jersey Court of Appeal has awarded an interim payment on account of costs to the successful Respondents to the ...
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...
This briefing is intended to summarise the issues usually encountered when taking security in finance transactions involving Guernsey situs intangible assets.
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 ...
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.
This briefing provides a summary of the main provisions of Jersey law relating to protected and incorporated cell companies.
On 4 February 2014 the Commercial Court in Ireland (the "Court") gave its judgment in Greene and Others v Coady & Others  IEHC 38, otherwise known as the "Element Six" case. The judgment provides insight into the duties of pension trustees and fundame...
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...
In Crociani, Foortse, BNP Paribas Jersey Trust Corporation Ltd & Appleby Trust (Mauritius) Ltd v Crociani & Others  JCA 089 ("Crociani"), Bedell Cristin appeared for the successful Respondents to the appeal in what is already being hailed as a landmar...
In Crociani, Foortse, BNP Paribas Jersey Trust Corporation Ltd & Appleby Trust (Mauritius) Ltd v Crociani & Others  ("Crociani"), the Jersey Court of Appeal has delivered a landmark ruling which will have far reaching effects for trust lawyers (both c...
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.
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...
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 ...
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...
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...
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...
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...
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 ...
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...
The judgment issued on 29 November, 2013 in JT (Jersey) Limited v Jersey Competition Regulatory Authority 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...
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...
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...
The Planning Department ("the Department"), on Monday 21st October, issued a press release entitled "Planning Revamps Pre-Application Advice".
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)...
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 ...
Jersey is one of the premier offshore jurisdictions for the establishment of investment funds and is highly regarded for the quality of its regulatory regime and its legal and other service providers. Investment funds contribute significantly to Jersey's fi...
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...
It is common for Jersey trusts to include provisions appointing a protector and vesting in the protector varying degrees of responsibility for overseeing or intervening in the administration of a trust.
This briefing looks at the principles which apply in relation to the recovery of costs from a trust fund.
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...
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...
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...
This briefing provides a summary of the main provisions of Guernsey law relating to protected and incorporated cell companies.
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 ...
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...
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...
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...
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...
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 ...
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...
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.
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.
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).
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...
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...
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...
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...
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...
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...
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.
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. ...
In Petrodel Resources Ltd & Ors v Prest & Ors  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.
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").
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").
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...
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...
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...
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...
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...
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...
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...
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 ...
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.
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...
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.
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...
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.
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.
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...
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...
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.
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.
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.
This briefing looks at segregated portfolio companies.
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.
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").
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.
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...
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...
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...
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...
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 ...
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...
On 11 November 2010 the European Parliament approved the Directive on Alternative Investment Fund Managers (the "Directive"), following months of negotiation.
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...
It is now possible to establish separate limited partnerships ("SLP") and incorporated limited partnerships ("ILP") in Jersey.
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.
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.
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...
This briefing explains how foreign judgments may be recognised and enforced in Guernsey.
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 ...
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...
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.
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 ...
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...
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").
In order that we are able to act for you, the Money Laundering (Jersey) Order 2008 requires us to obtain certain information about you.
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...
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 ...
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...
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...
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...
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.
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...
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...
This chapter will appear in the "International Guide to Money Laundering Law and Practice" to be published by Bloomsbury Professional in December 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...
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"...
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...
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.
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 ...
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...
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.
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...
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...
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...
The decision of the Privy Council in Schmidt v Rosewood Trust Limited  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...
The latest edition of the highly acclaimed work on insolvency in Jersey, Channel Islands, has been published which includes updated and enhanced analysis on a range of legal developments in the Island.
IoD Guidelines for Jersey Directories 2015 Order Form.
Mark Dunlop, Partner, Bedell Cristin contributes an article to the publication ‘Jersey First for Finance’ entitled ‘Jersey’s new security regime’.
Alasdair Davidson and Jon Barclay write the Guernsey chapter and David Cadin and Dina El-Gazzar write the Jersey chapter of the fifth edition of The Dispute Resolution Review.
Rupert Morris and Alasdair Davidson assess how trust law in Guernsey may respond to changes in the sector. Published in eprivateclient Guernsey Report - January 2017.
Rebecca McNulty considers the new “EU-US Privacy Shield”, and whether, as some say, it might one day be successfully challenged, amid calls for something still more robust. Published on International Investment online - 13 December 2016.
David Cadin discusses his management approach and the changes he is putting in place, the exciting opportunities for the business following the completion of the MBO and the future direction of the industry generally. Published in Connect Magazine - October...
Zillah Howard, Partner participates in Jersey's Roundtable 2016. Published in Jersey First for Finance - March 2016
Mark Helyar, Partner outlines the rationale for investing in real risk. Published in Captive Global - April 2016.
Simon Hopwood and Martin Paul consider recent trends in the Private Equity Real Estate (PERE) sector. Published in Jersey First for Finance - March 2016.
Litigation in the trust sector has seen a number of high profile cases in Guernsey and Rupert Morris examines the impact two of these cases could have on trust work on the island. Published in eprivateclient - January 2016.
This article written by Edward Drummond discusses the merits of incorporating a rescue culture, and an appropriate procedure enabling rescue, into Jersey Law. Published in The Jersey and Guernsey Law Review, October 2015.
Putting the right structure in place for the right client is essential when advising wealthy clients from the Gulf explain James Campbell and Henry Wickham. Published in eprivateclient - December 2015.
Jersey Practitioners have been faced with a number of significant legislative developments in recent months. Here, Henry Wickham summaries the most important and considers their implications. Published in STEP Journal October 2014.
Alasdair Davidson looks at The Company Administration Regime in Guernsey - a Flexible and Creative Jurisdiction. Published in INSOL World 3rd Quarter 2014.
Alasdair Davidson discusses innovating pre-packs. Published in Legal Week September 2014.
Stephen Adams and Kristian Wilson discuss the Succession to BVI Shares - The Sun is Shining. Published in BVI Finance.
With global financial sanctions now reaching an unprecedented level, Angela Bilbow casts a view over the consequences sanctions have on Channel Islands financial institutions, how they are being tackled and what lies ahead.
Kristian Wilson discusses re-situating the BVI: Offshoreart.co, International Finance and Contemporary Art. Published in the Business BVI magazine August 2015.
Stephen Adams is quoted in an article entitled Offshore Bound. Published in May 2015 edition of China Business Law Journal
Kristian Wilson looks at the interaction between offshore jurisdictions, such as the BVI, and Russia. Published in the May 2015 edition of the Russian Law Journal, the leading English language legal journal in Russia. For the full article please click h...
Anthony Robinson and Eason Rajah QC write about jurisdiction clauses in trusts - published in Trust and Trustees, 29 April 2015.
Kristian Wilson looks at some of the drivers for offshore jurisdictions such as the British Virgin Islands (BVI) to play such a significant role in structuring foreign direct investment (FDI) into and out of the people's republic of China (PRC). Published i...
Zillah Howard discusses Jersey: international centre for philanthropy, published in Jersey First for Finance.
Bedell Cristin partner Mark Helyar and Clive James of insurance captive manager Kane discuss whether there is room for European domiciles to gain a stronger foothold in the ILS market. Published in Insurance Day, 16 March 2015.
Lisa Springate discusses - Jersey: growing impact of sanctions. Published in Legal Week 13 February 2015.
Mark Helyar discusses Guernsey - Insurance and Reinsurance 2015, published in ICLG 4th Edition. Please click here for full article.
Collateralised re is the fastest growing source of alternative capacity and the good news is that it looks like it’s here to stay. It is now the dominant source of alternative reinsurance capacity and investors and capacity providers are increasingly seekin...
Captive Review speaks to leading industry figures in Europe's biggest captive insurance domicile, Guernsey. Published in Captive Review Guernsey 2015. Please click here for full report.
Stephen Adams and Kristian Wilson discuss Emerging opportunities in Asia for BVI products. Published in Business BVI, January 2015.
There has been continued growth in companies incorporated outside England using the scheme of arrangement regime contained in the UK Companies Act 2006 to restructure debts governed by English law. But in what circumstances should the debtor also initiate a...
Simon Pascoe and Kristian Wilson discuss "The BVI Stepping Stone to Russia", published in the IFC Economic Report, November 2014
Bedell Cristin partner Zillah Howard discusses Foundations: popular addition to structuring opportunities in Jersey, published in Women in Business Law Expert Guides.
An Offshore Perspective on How to Deal with Divorcing Beneficiaries. Published in PCB Issue 4 of 2014, Sweet & Maxwell.
Foundations v Trusts (now the dust has settled), Edward Bennett looks at the pros and cons when using a trust or foundation to protect assets. Published in eprivate client magazine 2014.
Kristian Wilson looks at the rationale and use of offshore jurisdictions in the People's Republic of China. Originally published in Tsinghua China Law Review, 6TSINGHUA CHINA L. REV. (2014)
Lisa Springate looks at the impact on EU and US sanctions on Jersey. Published in Quorum Newsletter June 2014.
Mark Dunlop looks at Jersey's new security regime. Published in Jersey - First for Finance May 2014.
Litigation: Lisa Springate comments on the impact of sanctions on Jersey for Legal Week
Senior Associate, Nancy Chien says that significant changes are on the horizon for pensions in the Island. Published in JEP Law and Accountancy Review 2014.
Two Islanders who are currently pursuing law courses with the Institute of Law reveal their very different reasons for choosing to resume their studies. Published in JEP Law and Accountancy Review 2014.
Kerrie Le Tisser explains why non-charitable purpose trusts can be a useful tool for estate planning and wealth preservation. Published in Private Client Practitioner Guernsey Report 2014.
Nancy Chien, examines the reason behind a growing number of Channel Islands firms' decision to establish themselves in the Far East. Published in Business Brief - December 2013.
Alasdair Davidson and Rupert Morris discuss how to keep you and your data safe when using cloud-computing services. Published in STEP Journal December 2013 / January 2014.
Henry Wickham, a solicitor in the international private client team, and the student liaison officer for STEP, explains many benefits of a STEP qualification - published in the JEP Careers & Employment Review December 2013.
Guernsey Finance discuss why Guernsey is the perfect jurisdiction for undertaking ILS.
The Channel Islands Stock Exchange has launched an extractive industries sting initiative written by Associate Amedeo Claris-Delmedico and William Prast - published in Mining Journal 29 November 2013.
BVI: Stephen Adams and Kristian Wilson look at The BVI - Asian Relationship - published in IFC Caribbean 2014.
Savvy investors do detailed due diligence as early as possible, and it's simple but effective in the BVI, says Valerie Georges-Thomas - published in the Private Client Adviser magazine, October 2013.
Zillah Howard examines the opportunities for clients from Russia and CIS when investing in Jersey - published in Private Client Practitioner special review - September 2013.
The Effectiveness of the award: Recognition and Enforcement of Foreign Judgements and Arbitral Awards by Dina El-Gazzar.
Your first house purchase is one of the biggest and most exciting steps you will take in your life and it is a step made easier if you plan carefully and take good advice, Peter Bertram writes - published in Gallery magazine - July 2013.
For Russian clients wishing to establish a structure for the preservation of private wealth, Jersey is a very attractive choice, Zillah Howard and James Campbell write - published in Jersey Finance: Links with Russia publication, June 2013.
Jon Barclay discusses client data: manage the risk and avoid the crisis - published in Blue Skies magazine Issue 32 - June 2013.
Kate Ovenden, Partner writes the Guernsey Chapter for Alternative Investment Funds 2013. This article appeared in the 1st edition of The International Comparative Legal Guide to: Alternative Investment Funds 2013; published by Global Legal Group Ltd, London...
Martin Paul, Partner writes the Jersey Chapter for Alternative Investment Funds 2013. This article appeared in the 1st edition of The International Comparative Legal Guide to: Alternative Investment Funds 2013; published by Global Legal Group Ltd, London (w...
Lisa Springate and Dina El-Gazzar examine the importance of the landmark decision in Re The Shinorvic Trust - published in Trust and Estates Law and Tax Journal, June 2013.
Peter Bertram, property team partner, explains the evolution of law covering the sale of flats - published in the JEP Homelife supplement - June 2013.
A modern take on an old classic by Lisa Springate and Dina El Gazzar - published in ACTAPS newsletter May 2013.
Nancy Chien, senior associate in the Private Wealth and Fiduciary, examines the importance of not falling foul of HMRC when moving benefits in a UK pension scheme in Jersey - published in the JEP Business Review - 14 March 2013.
The Channel Islands are set to face a new regulatory regime later this year when a European directive targets alternative investment fund managers. Martin Paul reports - published in The Global Legal Post - 9 March 2013. Please click here for the full Ar...
Mark Helyar, Partner writes the Guernsey Chapter for Insurance & Reinsurance 2013. This article appeared in the 2nd edition of The International Comparative Legal Guide to: Insurance & Reinsurance; published by Global Legal Group Ltd, London (www.iclg.co.uk)
David Cadin looks at the increasing mountain of data generated and stored by businesses - published in the JEP Law & Accountancy Review - 13 February 2013.
The double taxation avoidance agreement between India and Mauritius has come under fire from critics who accuse both countries of encouraging round-tripping and money laundering. What is their response? Bedell Cristin Partner Yuvraj Juwaheer explores - publ...
Landmark decision reached on the validity of litigation funding in Jersey by Lisa Springate and Robert Gardner. Published in Trusts and Trustees Volume. 19, number. 1 - 1 February 2013.
Employment law expert Vicky Milner was lead adviser to the IoD on the new anti-discrimination laws. Published in the Jersey Evening Post 30 January 2013.
Zillah Howard considers the benefits of Jersey foundations for philanthropic purposes - article first published in STEP Journal December 2012/January 2013.
Alasdair Davidson upates readers on Guernsey insolvency - published in International Corporate Rescue Magazine Vol 9 issue 6.
Lisa Springate and Tim Wright write about the recent case of the Shinorvic Trust  JRC 081, the Royal Court of Jersey had to consider whether an old principle of English equity applied in Jersey and, if so, whether it applied in a modern, unconventiona...
Alasdair Davidson, cites how to ruin a business in 140 characters or less - published in Blue Skies magazine September 2012.
Lisa Springate and Tim Wright on the Shinorvic Trust case and the application of an English principle in Jersey: Equity aids the defective execution of a power - copyright Society of Trust and Estate Practitioners - article first published in STEP Journal V...
Mark Helyar, Partner, takes a look at the world of insurance law - published in Lawyer Monthly August 2012.
Lisa Springate says that the decision in the Shinorvic Trust case may alter the attitude of the English courts. Published in the JEP on 18 July 2012.
Jersey opens its doors to litigation funding by Lisa Springate and Robert Gardner - published in ACTAPS newsletter July 2012.
Mark Helyar, Partner discusses "What is ILS Investment?" - published in Global Business Magazine June 2012.
Alasdair Davidson and Jon Barclay look at the increasing success of different ways of resolving disputes outside the courtroom - published in the Business Review, Guernsey Press 18 June 2012.
Yuvraj Jawaheer discuss "The GAAR should be the wake up Call for Mauritius" - published in The Capital, May 2012.
While charitable and non-charitable purpose Trusts in Jersey have been used for philanthropy, there's a growing interest in foundations, says Zillah Howard, published in STEP Journal 2012. Copyright Society of Trust and Estate Practitioners, article firs...
Caroline McGrath, lawyer, casts an eye over new codes of practice which have been brought in for certified funds - published in JEP Funds Review May 2012.
Lisa Springate and Robert Gardner discuss the landmark decision reached on the validity of litigation funding in Jersey - published in STEP Journal April 2012.
The funds industry in Jersey is anticipating the launch of new codes of practice for certified funds (the "Codes"), to be implement from 31 March 2012 - published in the CISX Bulletin Board magazine Spring 2012.
Mark Helyar, Partner writes the Guernsey Chapter for The International Comparative Legal Guide to: Insurance & Reinsurance 2012 - published by Global Legal Group Ltd, London March 2012.
It has become extremely easy to take a public tumble over Twitter, Facebook and other forms of social media, Alasdair Davidson discusses - published in Contact Magazine February/March 2012.
STEP Jersey Chairman, Steven Meiklejohn praises Mark Dunlop’s comprehensive and authoritative commentary on a complex area of law - published in STEP Journal March 2012.
Advocate and partner Lisa Springate and Advocate Robert Gardner examine a new way to fund litigation - published in JEP Law and Accountancy Review 15 February 2012.
Yuvraj Juwaheer makes the case for Mauritian trusts - copyright Society of Trust and Estate Practitioners, article first published in STEP Journal Volume 20/Issue 1 - February 2012.
Partner, Zillah Howard explais why Jersey is an ideal jurisdiction in which to establish philanthropic structures - published in Jersey Finance Magazine 13 January 2012.
Alasdair Davidson, partner, litigation group at Bedell Cristin in Guernsey, considers commercial litigation funding - published in the Guernsey Press, Law and Accountancy Review 12 September 2011.
Partner, Zillah Howard looks at using Jersey trusts and foundations for philanthropic purposes - published in STEP Journal December 2011/January 2012.
Since April this year there have been two new types of legal vehicle available in Jersey: the separate limited partnership ('SLP') and the incorporated limited partnership ('ILP'), Richard Le Liard reports - published in Connect magazine Aug/Sept 2011.
When we look back over the last half century we can also learn about the time yet to come, says Anthony Dessain, Senior Partner, - published in the JEP Finance Industry Review September 2011.
Zillah Howard, Partner highlights some of 2011's Royal Court decisions in relation to trusts - published in Private Client Practitioner's Jersey Report 2011.
Behind every successful business is a team of dedicated personnel but what we often overlook is the contribution busy professionals make to our island community - published in Guernsey Chamber of Commerce Contact Magazine June/July 2011.
Guy Le Sueur, Partner looks at the benefits to people and investment businesses when relocating to Jersey - published in the Hedge Fund Journal May 2011.
Mark Helyar discusses the different investment-wrapper option that the Guernsey captive jurisdiction is able to offer to investors interested in the jurisdiction - published in Captive Review Guernsey Report 2011.
Advocate Guy Le Sueur offers some guidance on engaging an estate agent - published in the JEP Homelife supplement 30 September 2010.