Corporate Insights

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.

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.

The new LLP Law of 2018 aims to re-launch the Jersey LLP by making four key changes to the current regime.

Some of the actions you should be taking to prepare for GDPR that Viberts can help you with.

Setting up your own business is exciting, but there are many considerations to be made when starting your new venture.

Advocate Christopher Scholefield looks at some of the legal implications of what may be the biggest shake-up of transport in Jersey for decades.

Travel contracts: The legal issues surrounding United Airlines' ejection of passenger Dr Dao

Why is Jersey so frequently seen as being part of the UK and why this misconception should be corrected.

The issue of the responsibilities of non-executive directors (NEDs) was thrown back into the spotlight this month

“Clogs to clogs in three generations” is the saying that sums up the rise and fall of the entrepreneurial family.

Viberts has secured an overwhelming victory in the long running case of MacFirbhisigh & Ching v. CI Trustees & Executors Limited et ors.

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.

If a joint venture company is effectively a quasi-partnership things become less objective.

To make such a duty stick ensure it is defined and included in a director’s terms of engagement.

Your duties as a Director to disclose a conflict of interest

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).

Part of a plan to leave Jersey and relocate a business to the UK.

The statutory formulation of relief is a shield not a sword. When in doubt directors should seek shareholder authorisation for their actions.

Directors who behave dishonestly or fraudulently need to understand they will never be off the hook.

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.

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.

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.

The liquidators of a failed building company alleged wrongful trading against the directors because they had kept going too long.

Advance warning of inheritance tax charges for non-dom UK property owners

Integra operated an independent Russian oil field services and equipment manufacturing business listed on the London Stock Exchange.

Directors’ duties towards shareholders change to become duties to creditors

When telling the court what you want advance as many grounds for why you should have it as are reasonably applicable.

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.

SWM, a regulated financial services business, is appealing certain directions issued against it by the Commission.

This briefing note covers the following common methods by which a company registered in Jersey may be wound up.

This briefing concerns the recently published judgment of the Royal Court of Jersey In the matter of the S Trust and the T Trust [2015] JRC259.

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.