Guernsey's draft Image Rights legislation was released on Wednesday for consultation. This legislation will see Guernsey bring in a registrable image right - a world first. Commerce & Employment are holding a seminar on 24 Feb...

Welcome to the first Risk and Regulatory update for 2012 from Collas Crill's Risk and Regulatory team.    In this edition, we pick up a number of topics that crossed our desks or otherwise came to prominence during the fourth quarter o...

We are half way through the month-long consultation period for Guernsey's draft Image Rights legislation. The consultation lasts until 7th March 2012 - if you haven't yet seen a copy of the draft law, please contact ipo@guernseyregistry.com...

A picture is worth a thousand words – but for celebrities, it could be worth thousands of pounds. Collas Crill’s managing partner Jason Romer says Guernsey’s new image rights law could be the best way for those in the public eye to protect their assets. This article first appeared in Legal Week, 3 February 2012.

From 1 March 2012 the Rules of The Royal Court in Jersey regarding bodies corporate being represented by its Directors in respect of Court proceedings are changing.

Although the economic climate in 2012 is set to pose further challenges, the aim of Collas Crill's employment law team is to continue to ensure that employers in Jersey and Guernsey get the advice they need for their businesses to remain sus...

The long-awaited Image Rights legislation in Guernsey has now been made available for consultation. The consultation period runs until 7 March 2012. This briefing note sets out the key points of the Image Rights (Bailiwick of Guernsey) Ordinance, 2012.

Funds which will be made available to a restricted circle of persons, in particular no more than fifty persons, and will not be listed on a stock exchange within one year, are treated as private funds in Jersey (“Private Funds”).

In this first issue of Fiduciary News for 2012 we are pleased to send you news, hot off the press, of the US Treasury's release of regulations relating to the reporting and tax withholding requirements of Foreign Financial Institutions ...

Islam is the second largest and fastest growing religion in the world. When protecting and preserving his wealth, the client must, with professional advice, take into account not only the various tax liabilities of his country of residence but also the likely impact of any forced heirship provisions. This factsheet outlines how foundations or trusts can be successfully tailored to form an important part of a client’s strategy for safeguarding asset(s) while complying with Sharia law.

The Trusts (Amendment No. 5) (Jersey) Law 201- was adopted by the States of Jersey on 3 November 2011 and is awaiting its sanction by H.M. Privy Council before being brought into force, which is likely to be in the first half of 2012. Rather than introducing new concepts into the Trusts (Jersey) Law 1984, such as the anticipated trustees’ non-possessory lien, the Amendment clarifies certain matters which have previously been the subject of some debate. This briefing outlines the amendments it contains.

There are several ‘crisis’ scenarios in which a regulated financial services institution might be required to disclose documents they hold. There is an ever increasing chance of a business finding itself faced with one of these situations, says Ben Havard. In this article he suggests ways to to ensure your business remains as strong as it can when one emerges.

In the current economic climate it would seem that the Guernsey Financial Services Commission is taking regulatory action more regularly and forcefully than in years gone by. This article outlines the GFSC's specific enforcement powers, rights to appeal and what you should do if you receive an enforcement notice.

The (as yet, unreported) decision of the Court of Appeal in the matter of The Chief Officer, Customs & Excise, Immigration and Nationality Service -v- Garnet Investments Limited could have wide ramifications for the banking industry and those regularly subject to the reporting regimes under the Criminal Justice (Proceeds of Crime) (Bailiwick of Guernsey Law 1999 (the Proceeds Law). David O'Hanlon looks at the view of the Court of Appeal in Garnet that the burden of demonstrating whether or not the funds a bank holds are ‘tainted’ fall on the bank, rather than its customer or the Financial Intelligence Service.

The Royal Court of Jersey’s approval of third party funding has given businesses and individuals in the Island improved access to justice. In a recent judgment (In the Matter of the Valetta Trust), the Royal Court has given its approval, in principle, to third party funding arrangements, facilitating access to justice in the Jersey courts by plaintiffs (claimants) who would not otherwise be able to bring a claim, explains Danny Le Maistre.