View from Carey Olsen

Jersey employment law, pensions and incentives

This Starting Point Guide provides a brief overview of Jersey employment law. SOURCES OF JERSEY EMPLOYMENT LAW The duties of Jersey employers and employees derive from a number of sources which include: statute; customary/common law (i.e. judicial precedent); and employment contracts and other documentation. There is less employment legislation in Jersey than in the UK…

Data protection and subject access – a changing landscape

DAWSON-DAMER & ORS V TAYLOR WESSING LLP [2017] EWCA CIV 74 Could a UK law firm be compelled to provide personal data which it held by reason of it having advised the trustee of a Bahamian Trust? The Court of Appeal of England and Wales has held – quite emphatically – that the answer is […]

Incorporated cell companies in Guernsey

This briefing note describes the key features of the incorporated cell company (“ICC”) and summarises the formation, structure and liquidation procedures particular to this type of company. The Companies (Guernsey) Law, 2008 (the “Law”) provides for the creation of the incorporated cell company. An ICC is a company which has the power to establish incorporated […]

Directors’ duties, liabilities and indemnities in Guernsey

The advent of the solvency based approach to company activity in Guernsey brings into critical focus the scope and nature of the duties incumbent upon the directors of a Guernsey company. Gone are the prior capital maintenance provisions required under now superseded legislation and the need for Court approval of significant corporate actions. In its […]

BVI winding-up proceedings – Pacific Andes

The BVI Commercial Court (the Honourable Justice Davis-White QC [Ag]) has recently ordered the appointment of liquidators over Pacific Andes Enterprises (BVI) Limited, Parkmond Group Limited, and PARD Trade Limited (the “Companies”), three BVI incorporated companies forming a key part of the China Fishery Group. The applications were unsuccessfully contested on the principal ground that […]

Guernsey companies – striking off and winding up

This briefing note provides an outline of the different processes of voluntary winding up and striking off under the Companies (Guernsey) Law, 2008 (as amended) (the “Law”). It does not cover compulsory winding up or the specific provisions on winding up of protected cell companies and incorporated cell companies. Further information on the effect of […]

Recent enforcement actions on Guernsey – lessons for directors

In the 27 years between 1987 and September 2014 the Guernsey Financial Services Commission issued five public statements and prohibited four persons from performing functions under the relevant regulatory laws. In contrast, between September 2014 and December 2016 the Commission issued 11 public statements and prohibited 12 persons from performing functions under the relevant regulatory […]

Funds – Guernsey’s new manager-led product

In May 2016 the Guernsey Financial Services Commission (GFSC) launched a new regulated investment structure, the Manager-Led Product (MLP). Under the MLP regime the primary alternative investment fund manager (AIFM) in respect of an alternative investment fund (AIF) must be licensed by the GFSC through the normal licensing process (10 business days). However, significantly: AIFs […]

Jersey – a practical guide to property law

Jersey is the largest of the Channel Islands and is a self-governing British Crown Dependency with its own financial and legal systems and its own courts of law. Jersey property law is derived from a mixture of local statute and customary (common) law. Jersey’s customary law has evolved from Norman-French law and is primarily contained […]

Tenancy deposits in Jersey

With effect from 2 November 2015 residential leases in Jersey are subject to the residential tenancy deposit scheme (the “Scheme”). The Residential Tenancy (Deposit Scheme) (Jersey) Regulations 2014 have come into force under the Residential Tenancy (Jersey) Law 2011 (the “Law”) and introduces the Scheme, a government authorised tenancy deposit protection scheme designed to safeguard […]

Offshore Civil Procedure – a new legal reference book

This brand new title which covers civil court procedure rules in the Channel Islands and the Isle of Man has been compiled by Carey Olsen Counsel, Richard Holden. Offshore Civil Procedure is published by leading legal publisher, Sweet and Maxwell, as a companion volume to its Civil Procedure (the “White Book”). It extends the White […]

Private client law in Jersey – an overview

By Keith Dixon This guide to private client law in Jersey looks in detail at: Taxation Wills and estate administration Succession regimes Intestacy Trusts Charities Ownership and familial relationships Capacity and power of attorney Proposals for reform

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