Corporate / Article Employee Benefit Trustees Await Developments
There are plenty of circumstances in the world of commerce where the flexibility of a discretionary trust and the gap between an employer as settlor and its chosen trustees have also proven useful. Employee Benefit Trusts (“EBTs”) are an excellent example of this.
Corporate / Article Registration of Charities in Jersey
From 1st January 2019, a charity active in Jersey will have to be registered with the Charity Commissioner in order legally to call itself a charity, and to enjoy tax relief in Jersey by virtue of its charitable status.
Corporate / Article The Limited Liability Partnerships (Jersey) Law 2018
The new LLP Law of 2018 aims to re-launch the Jersey LLP by making four key changes to the current regime.
Corporate / Article GDPR action plan
Some of the actions you should be taking to prepare for GDPR that Viberts can help you with.
Corporate / Article Setting up a small business
Setting up your own business is exciting, but there are many considerations to be made when starting your new venture.
Corporate / Article The electric vehicle revolution – is this the calm before the storm?
Advocate Christopher Scholefield looks at some of the legal implications of what may be the biggest shake-up of transport in Jersey for decades.
Corporate / Article Travel contracts: United Airlines’ ejection
Travel contracts: The legal issues surrounding United Airlines' ejection of passenger Dr Dao
Corporate / Article It’s time to push back against “Jersey, United Kingdom” because it’s got out of hand
Why is Jersey so frequently seen as being part of the UK and why this misconception should be corrected.
Corporate / Article Non-executive director: just a touch of class?
The issue of the responsibilities of non-executive directors (NEDs) was thrown back into the spotlight this month
Corporate / Article “Not in front of the children!” – Trust administration
“Clogs to clogs in three generations” is the saying that sums up the rise and fall of the entrepreneurial family.
Corporate / Article Victory for Viberts’ client after six year trust battle
Viberts has secured an overwhelming victory in the long running case of MacFirbhisigh & Ching v. CI Trustees & Executors Limited et ors.
Corporate / Article Brexit, Jersey and the sequel to Protocol 3
For many in Jersey and further afield last month’s vote by the United Kingdom electorate to leave the European Union is a source of frustration.
Corporate / Briefing Rejecting a buy out offer in a quasi-partnership company not necessarily fatal to securing a just and equitable winding up
If a joint venture company is effectively a quasi-partnership things become less objective.
Corporate / Briefing No post-resignation implied duty of confidentiality in director’s contract
To make such a duty stick ensure it is defined and included in a director’s terms of engagement.
Corporate / Briefing Failure to make a declaration of directors’ conflicts of interest
Your duties as a Director to disclose a conflict of interest
Corporate / Briefing Which of multiple breaches of the proper purpose rule matters?
Company articles allowed directors to issue a notice to shareholders interested in its shares asking if they were acting in concert (to conduct a corporate raid).
Corporate / Briefing Art 125 scheme to move a Jersey company to England
Part of a plan to leave Jersey and relocate a business to the UK.
Corporate / Briefing Subjective and objective views of directors’ duties
The statutory formulation of relief is a shield not a sword. When in doubt directors should seek shareholder authorisation for their actions.
Corporate / Briefing How long have you got to sue a dishonest director?
Directors who behave dishonestly or fraudulently need to understand they will never be off the hook.
Corporate / Briefing Commercial disappointment & failure of substratum not the same
A just and equitable winding up is a remedy of last resort much harder to secure if you cannot show a quasi-partnership but N.B. other remedies exist.
Corporate / Briefing Generous view of fund directors’ duties
The directors defended that even if they had breached their duty they could rely upon their exculpation clause which covered all bar wilful neglect or default.
Corporate / Briefing Inherent jurisdiction invoked to plug an inconvenient gap in (Manx) company law
An excellent case to advance if you ever find yourself threatened with injustice arising from an apparent gap in our legislation which the smaller volume of case law in our island jurisdiction has not yet managed to plug.
Corporate / Briefing Directors’ wrongful trading clearly defined
The liquidators of a failed building company alleged wrongful trading against the directors because they had kept going too long.
Corporate / Briefing Tax changes for non-dom UK property owners
Advance warning of inheritance tax charges for non-dom UK property owners
Corporate / Briefing Rules to determine fair value payable for shares in a company merger
Integra operated an independent Russian oil field services and equipment manufacturing business listed on the London Stock Exchange.
Corporate / Briefing Guidance for preparing statements of solvency
Directors’ duties towards shareholders change to become duties to creditors
Corporate / Briefing How not to seek a just and equitable winding up
When telling the court what you want advance as many grounds for why you should have it as are reasonably applicable.
Corporate / Briefing Board deadlock and shareholder intervention
The Royal Court was asked to rule on whether the shareholders of a company have a reserve power to act where the board of directors is unable or unwilling to do so.
Corporate / Briefing Declaratory relief in the context of regulatory supervision
SWM, a regulated financial services business, is appealing certain directions issued against it by the Commission.
Corporate / Briefing Winding up of Jersey companies
This briefing note covers the following common methods by which a company registered in Jersey may be wound up.
Corporate / Briefing Setting aside trusts on the grounds of mistake as to tax consequences – S & T Trusts
This briefing concerns the recently published judgment of the Royal Court of Jersey In the matter of the S Trust and the T Trust  JRC259.
Corporate / Briefing Winding up of companies Re Monarch Investments Ltd.
The limited liability company is to joint ventures what marriage is to relationships: it provides the standard legal context in which such arrangements most often operate.