CORE PRACTICE AREAS
We advise a range of investment managers and leading promoters, including large institutions as well as start-up projects and niche investors. Our assistance includes:
- the establishment, structuring, regulation and maintenance of all types of investment funds in Jersey including open and closed ended funds, companies, limited partnerships and unit trusts;
- preparing or assisting non-Jersey counsel in drafting the offering documents and functionary agreements;
- applying for Jersey regulatory consents, de-registration, termination and on-going advice to funds, investors and functionaries;
- liaising with our regulatory body throughout the process of authorisation; and
- providing legal opinions to prospective investors.
We advise wealthy families, family offices, proprietor managed businesses and trust companies in Jersey. We undertake the following services:
- drafting and settling trust instruments and other ancillary documents, including charitable and non-charitable purpose trusts;
- drafting and settling foundations and other ancillary documents including restructuring;
- establishing family limited partnerships;
- preparing and reviewing documentation in various types of commercial transactions; and
- advising upon the establishment and maintenance of family offices and private trust companies in Jersey.
The firm advises a wide range of clients such as financial services businesses, Jersey and foreign businesses, international banks and London law firms. We provide a full range of corporate and commercial services, from small to large scale transactions.
Our specialisms include:
- the establishment and maintenance of corporate vehicles, investment trusts, foundations and partnerships;
- private placements and initial and other public offerings;
- mergers and acquisitions, reorganisations and disposals;
- company reinstatements;
- joint ventures;
- the establishment and maintenance of new businesses, Jersey offices and branches of other businesses in Jersey; and
- legal opinions.
This area of practice comprises most aspects of banking, regulation, finance and security documentation in Jersey including the taking of security over Jersey situs assets.
Our services include:
- advising borrowers and lenders on the different aspects and stages of all types of finance and security documentation;
- drafting and reviewing facility agreements, debentures, legal charges, subordination agreements, guarantees and security interest agreements;
- drafting and reviewing ancillary corporate documents such as board minutes, member resolutions and supporting certificates;
- advising upon enforcement and restructuring; and
- advising banks on establishment, authorisation and cessation of banking operations in Jersey.
We advise clients on the application process, establishment and maintenance of financial services businesses in Jersey (trust company business, investment business, fund services business, deposit taking (banking), money service business and insurance) and compliance with the relevant regulatory codes and guidance notes.
Our role includes drafting and reviewing AML policies and procedures, advising on aspects of competition law and practice, conduct and data protection. We assist clients regarding regulatory compliance visits and prepare them for regulatory visits.
Examples of work undertaken by our lawyers include:
- the establishment of trust company businesses, investment businesses, fund services businesses and deposit taking businesses on the island;
- cessation of such businesses;
- the migration into Jersey of a bank from Guernsey and its subsequent amalgamation with another bank;
- the cessation of a managed bank in Jersey;
- the cessation of a full operational bank in Jersey; and
- the establishment of a managed investment business.
We advise on all non-contentious matters of employment law.
Our services include drafting employment contracts, compromise agreements, staff handbooks, confidentiality agreements, employee benefit schemes and share option scheme.
In addition, we advise on data protection, business licences, visas and work permits, applications for licensed positions, regulatory issues and employment issues coming out of corporate transactions, appointment of directors and consultants and duties of employers, employees and directors.
Our lawyers’ track records include:
- advising on the employment aspects of a merger;
- advising on the process and issues coming out of a cessation of a business in Jersey;
- handling the legal implications of the recruitment processes in Jersey; and
- applying for regulatory licences for employees.
Our areas of specialism include:
- filing trademark applications, including initial trademark searches and registrability checks;
- representing clients in trademark opposition, cancellation and removal proceedings;
- advising on trademark infringement, including domain names;
- advising on copyright infringement;
- drafting, reviewing and negotiating commercial agreements, including assignments and licenses;
- advising on internet and domain issues;
- conducting due diligence and audits; and
- advising on unfair competition issues.
We advise companies, governmental bodies and non-governmental organisations in environmental law internationally and in Jersey. We undertake the following services:
- advising clients on sustainable development and authorisation requirements for projects within the applicable law;
- environmental legal compliance audits for companies wishing to proceed with environmental certification (ISO 14001);
- health and safety legal compliance audits for companies wishing to proceed with health and safety certification (OHSAS 18001);
- environmental legal risk and liability reviews;
- green funds;
- drafting environmental legislation; and
- legal opinions on energy law, planning law, climate change, noise, air pollution, water, land, waste and biodiversity.