Legal Certainty and Stability

Due to Jersey’s economic and political stability, its clear statutory framework and supporting case law, Jersey is seen as a safe place for property which is vital for wealth preservation and asset protection. Together with political and economic stability, our forward-thinking and robust regulatory framework has set us apart from other international finance centres for more than 60 years, making us a world-leader in finance.

Jersey offers choice. It has a robust, sophisticated and forward-thinking legal framework that enables it to lead the way in delivering private client services – from simple trusts and underlying company structures, to high-value and more complex arrangements involving trusts, companies, limited partnerships and foundations for international families. Our legal certainty is built on the Island’s history and professional experience. By continually enhancing legislation, strengthening regulation and raising awareness of its long-held status as a destination of choice, Jersey remains an attractive jurisdiction for global investors looking for tailored wealth management solutions.

The stability and quality of Jersey’s trust law, a template adopted by many other jurisdictions worldwide, remains highly attractive to international private wealth clients, including those focussed on philanthropic and socially responsible wealth management.

Jersey is a self-governing parliamentary democracy under the ultimate sovereignty of The Crown. It has its own independent legal, administrative and fiscal systems and is not part of the UK, Great Britain or EU. The ability for Jersey to determine its own laws, raise taxation, and hold elections is based on long-standing constitutional precedent.

Jersey does not receive subsidies from or pay contributions to the UK. It does however make annual voluntary contributions towards the costs of defence and international representation by the UK. Find out more about Jersey’s Constitution.

One of Jersey’s key strengths is the ability of the Government of Jersey; the Jersey Financial Services Commission (JFSC), the regulator; and the financial services industry to collaborate, innovate and address matters in a timely manner – retaining the Island’s reputation for being a pragmatic and forward-thinking jurisdiction.

Jersey is self-governing and has it own financial and legal systems and its own courts of law. As a British Crown Dependency, Jersey is defended and internationally represented by the UK government. Today, the Lieutenant-Governor of Jersey is the personal representative of His Majesty the Kinghere in the Island.

While not a sovereign state, Jersey has been expanding its treaty network with global partners in limited areas, in which it is granted an ‘entrustment’ to do so by the UK government, on behalf of The Crown.

The Island has, for example, signed several Double Taxation Agreements (DTAs) and Tax Information Exchange Agreements (TIEAs) to promote transparency and information exchange, to provide tax certainty to residents and investors, and to support reciprocal investment.

Clients and trustees have access to expert support from a large pool of experienced legal professionals in Jersey who can advise on the Jersey structures that best suit their requirements.

The well-established legal market ensures that there are a variety of providers and advisers across all specialisms including structuring, litigation and tax – even where conflicts may arise. Many of the Jersey legal providers are ranked in international law firm directories.

Jersey-based lawyers work closely with their counterparts in all of the world’s major centres, including New York, London, Tokyo, Hong Kong and Dubai, to provide bespoke solutions. Many of the world’s top offshore ‘Magic Circle’ law firms operate from Jersey.

For a list of law firms operating in Jersey or to search for a specific organisation visit our business directory.

Trusts

Common advantages of settling assets into a Jersey trust include:

• flexibility;
• privacy and compliant confidentiality;
• asset protection;
• foreign law protection; and
• a straightforward transparent tax regime.

With modern families being international, and often living beyond one ‘home’ jurisdiction, Jersey’s innovative trusts and foundations structures (in addition to other types of entity available in Jersey such as companies, unit trusts and limited partnerships) provide security and privacy for families living in less stable jurisdictions.

Jersey’s trust law provides foreign law protection, so when considering questions relating to the trust or transfers of property to it, the court must apply Jersey law only; no consideration should be given to any rule of foreign law. Any foreign claim based on a lack of recognition of the trust machinery will be ignored by the Jersey court.

Foundations

As well as featuring certain positive attributes of a trust vehicle, Jersey Foundations have some of the benefits of a company structure, including separate legal status. These features enhance the appeal to private clients and their advisers, especially those with a background in civil law jurisdictions.

JPF

Jersey Private Fund structures offer light-touch regulation that meets international standards, on the basis that the Jersey-based designated service provider (DSP) carries out appropriate due diligence.

It offers easy access to European investors through national private placement regimes (NPPRs), if marketing into the European Union (EU) is desired. Consolidates and simplifies the private funds regimes replacing COBO only funds, private placement funds, and very private funds. Also offers versatility with open or closed-ended, and any type of investment vehicle.

Companies

Jersey companies are registered at the JFSC Companies’ Registry and can have shareholders or guarantee members. The Companies (Jersey) Law, 1991 is a comprehensive and robust law.

Read more on Jersey trusts and trustees

Read more on Jersey Foundations