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By James Sheedy
Important changes were made to the UK's deemed domicile regime in 2017. These complex new rules pose yet another set of challenges for offshore trustees of trusts with UK resident, deemed UK domicile settlors. While most hope to avoid the new tainting regime for so called ‘protected settlements', given the ease with which a trust can be tainted, and the potentially calamitous tax consequences of a tainting event, this is an area of high risk for trustees.
By Kate Ferbrache
The way companies handle and control personal data is on the brink of a seismic shift, partly as a response to the ever increasing digital economy and society.
By Charles Sorensen
Freezing orders (formerly known as a Mareva Injunctions) were famously described as "one of the law's two nuclear weapons"[1]. The metaphor has been invoked ever since.
By Stephen Baker
International financial centres have always been a target of negative media. "Offshore" has become a pejorative term. Concerns regarding the regulatory and legal systems of "offshore" jurisdictions...
By James Sheedy
In October 2017 the English High Court handed down a significant judgment in which it found that the assets of five discretionary trusts settled by Russian oligarch, Sergei Pugachev could be used to satisfy claims by Mr Pugachev's creditors.
By Amita Chohan
In Round 2 of our series of 3 articles on Jersey's approach to the concept of transparency in respect of beneficial ownership information...
By Dilly Wright
A recent judgment of the Royal Court has reinforced the wide nature of the court's jurisdiction to order a just and equitable winding up of an insolvent company whilst underlining the court's apparent distaste for désastre in the context of corporate insolvency.
By Kirsty Thomas
We last discussed this issue in April 2015 following the case of Cooper-Hohn (2014) where one spouse, persuaded the Court of Appeal in England and Wales that their contribution to the finances of the marriage amounted to a "special contribution" so as to justify the Court making an order giving that spouse 64% of the matrimonial assets on divorce.
By Amita Chohan
In a series of 3 articles (Rounds 1 to 3), we explore Jersey's approach to the concept of transparency in respect of beneficial ownership information.
By Clara Hamon
A recent judgment of the Guernsey Royal Court provides comprehensive guidance on the duties of directors. In Carlyle Capital Corp Limited (in liquidation) and ors v Conway and ors there is extensive consideration of the duties owed by a director to the company and the standard of care to be expected. The judgment will be of great interest to the wider offshore financial services market.
By William Redgrave
The JFSC has been focusing heavily on Suspicious Activity Reports ("SARs") recently. This is understandable. SARs are a crucial part of the regulatory framework. If regulated businesses are properly reporting suspicions of criminal conduct then the law enforcement agencies receive vital ammunition for cleaning up the finance industry and investigating crime without lifting a finger.
By Tim Smith
To protect against fraud, money laundering and terrorist financing, the finance industry obtain key customer details known as Customer Due Diligence (CDD) before engaging in business.
By Baker & Partners
At a Breakfast Briefing Event this week, entitled ‘Walking The Tightrope', Baker and Partners provided guidance on current regulatory ‘Hot Topics' to Jersey's compliance industry.
By Baker & Partners
The High Court has recently restricted the ability to rely on privilege. Although SFO -v- ENRC is an English authority, Jersey generally follows English principles of privilege.
By Simon Thomas
On 27 April 2017 the latest UK government measure designed to combat offshore tax evasion received Royal Assent. It will shortly be a criminal offence for an institution to fail to prevent...