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Cerisse  Fisher

Cerisse Fisher 

Senior Associate | Guernsey

 

Overview

Cerisse is a Senior Associate in our International Private Client and Trust department, joining in September 2018. She specialises in all aspects of Guernsey trust law and regularly advises trustees, family offices, high net worth individuals and intermediaries on the creation, restructuring and winding up of trusts and a wide scope of cross-jurisdictional fiduciary transactions.

"Years of working within a licensed fiduciary has given me invaluable knowledge, perspective and understanding of the challenges my clients face and the type of advice and guidance that would be most helpful to them. The breadth of experience I have across all types of private client structure, multiple jurisdictions, asset classes and regulation mean I am able to provide sound, well rounded legal advice with a firmly rooted sense of practicality."

Experience

She qualified as a Solicitor of England & Wales in 2009. Cerisse previously worked at another leading offshore law firm and within an award winning trust company, Virtus Trust (now part of Equiom Group) as a Senior Trust and Legal Officer for 12 years prior to joining Collas Crill.

Background

Cerisse has invaluable experience working within a trust company on both legal and direct client matters. She has a broad knowledge of the challenges and pitfalls for trustees plus the practical aspects of trusteeship and requirements of corporate service providers and their clients.

Awards

Recognised on Citywealth Leaders List.

Memberships

Law Society
GILA

My services
Changes of Trustee/DORAs
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Changes of trustee documents (DORA or IORAs) usually contain indemnities from the incoming trustee to the outgoing trustee which are often hotly negotiated and can be complex. A change of trustee also presents a good opportunity for the incoming trustee to undertake a due diligence exercise by reviewing the trust documents, ensuring that the previous chain of trusteeship is intact and ensuring that the outgoing trustee ratifies or rectifies any flaws in the trust or the trust documents before the trusteeship is handed over. We have considerable experience in narrowing the issues in these negotiations. We are also well versed in assisting our trustee clients in mitigating risk by spotting (sometimes very significant flaws) in trusts before they are taken on and by ratifying previous discrepancies in a commercial manner – commonly without necessitating the involvement of the court.

Employment, Pensions & Immigration
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We understand that the effective and efficient management of employment matters is not only an important risk management tool, but can add value to your business in the long term. We also understand that today's employment environment is more litigious than ever and not all issues can be mitigated or resolved. The stakes are often the highest in these cases, which is why our approach is to resolve conflicts in the most practical and sensitive manner – and always with the client's needs at the forefront.

Family Limited Partnerships
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Many individuals think of the traditional trust as being the best way to manage their estate planning needs. However, there is a growing client base from civil law jurisdictions unfamiliar with the trust concept launching alternative structures. Recent examples include foundations, private family funds and, increasingly, the Family Limited Partnership (FLP). While initially developed onshore, the concept of FLPs was also harnessed and developed offshore in the Channel Islands as a flexible investment structure and a viable alternative to the traditional trust due to its ability to transmit wealth to younger generations while allowing patriarchs to retain a sensible level of control. This is particularly important for clients using the FLP to transfer the family business or “golden egg”, where a loss of control is so unpalatable. As the name implies, an FLP would be ideally suited to the wealthy family, as it is flexible enough to allow a very bespoke agreement to be put in place to cater for the often very detailed and prescriptive demands of clients who can afford and are used to having something tailor made.

Family Trusts & Foundations
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Alongside companies and wills, Family Trusts are still a very popular tool for estate planning and asset protection – perhaps even more so in the light of the envisaged changes to the UK non-dom regime. Family Foundations are proving to be a popular new tool for families looking to ensure their wealth and assets are protected for future generations. We establish trusts and foundations for local and international families to preserve family businesses and ensure appropriate succession planning. We work closely with tax advisers in order to ensure that any new Family trust or foundation fits with a family's overall tax position and will be a workable long term, cost efficient structure. Discretionary trusts are still the most popular but we can also advise on fixed trusts, will trusts and pension trusts.

Family Trusts & Foundations
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Alongside companies and wills, Family Trusts are still a very popular tool for estate planning and asset protection – perhaps even more so in the light of the envisaged changes to the UK non-dom regime. Family Foundations are proving to be a popular new tool for families looking to ensure their wealth and assets are protected for future generations. We establish trusts and foundations for local and international families to preserve family businesses and ensure appropriate succession planning. We work closely with tax advisers in order to ensure that any new Family trust or foundation fits with a family's overall tax position and will be a workable long term, cost efficient structure. Discretionary trusts are still the most popular but we can also advise on fixed trusts, will trusts and pension trusts.

International Pensions & EBTs
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We advise internationally based companies and trustees on the establishment and operation of employee incentive schemes, addressing issues such as the funding and structuring of awards as between sponsoring employer and trustee, treatment of dividend entitlements for share awards and the formulation of the beneficial class of EBTs having regard to international legal and taxation requirements.

Pensions Specifically for Dubai Companies
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Dubai has no specific pensions law as such but Dubai-based companies do need to plan for and fund end of service gratuity payments. Instead of a pension, local laws require companies to make a severance payment when employees leave the business This can be a significant liability to fund and can often come at the most unwelcome of times such as during an economic downturn. Companies who have failed to set money aside to meet these payments have historically been unable to afford to reduce headcount as they have not planned or budgeted for severance payments. Although it is difficult for some smaller firms to set money aside to fund their entire historic liability, it is never too late to start setting aside at least some provision for this potentially large liability. If done well, these end of service schemes can be self-funding and can also achieve a company's CSR aims by impact investing in very worthy causes both within the region and more widely.

Private Client
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As global legislation, regulation and taxation constantly change and become more complex, it has never been more important to make long-term plans to secure your future, the future of your family or your business. We cut through the legal jargon to provide clear, practical advice when you most need it and anticipate the challenges you are likely to face so that you can rest assured you and your family are in safe hands at every step of the way.

Reporting Obligations for Trustees
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In a climate of increased transparency for structures, it is important for trustees to ensure that they have sufficient policies, procedures and processes in place in order to report the correct data to the correct authority at the correct time. This has been particularly challenging for some of our smaller independent trustee clients who do not have a dedicated compliance team.

Trustee Duties
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The duties of a trustee plays in managing the trust assets and dealing with beneficiaries not only vary from jurisdiction to jurisdiction, but are dictated by trust agreement and its nuances, the type of trust and its specific purpose. Advising on trustee duties is a rapidly growing area given the increasingly complex legal and regulatory framework to which trustees must adhere. Importantly, trustees are becoming increasingly aware of the advantages of acting early and seeking advice on their duties – particularly in situations of potential conflict or stress. Trustees are also making more use of the courts in asking for directions or in having "momentous decisions" blessed.

Trustee Risk & Regulatory Management
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Developments, consolidations and regulation have means that effective risk management and mitigation has never been more important. Our advice is not a ‘one size fits all’ solution, but rather is based on an individual company’s specific business model. By building a partnership with you we add value by providing to trustees with a range of regulatory advice, administration support, products and services within a dedicated team approach, precedent development and on-going education and industry updates. Together with our multi-disciplinary risk and regulatory team, we advise on anti money laundering laws and the regulation of trust companies and can assist in the creation and improvement of straightforward operating procedures, including checklists, designed in conjunction with the needs of a trustee to ensure that all members of staff, no matter what their experience, can provide consistent and accurate back office services.

Trusts & Fiduciary
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We work closely with trust and fiduciary businesses and their clients to build strong relationships based on trust, confidence and a deep understanding of their priorities and needs. We have an extensive range of experience in terms of particular products or service lines, including pensions and Shariah, and many of the team have worked in the other international off and onshore jurisdictions prominent in the world of wealth management. We have associated skills in dispute resolution, risk and regulatory, and image protection. We ensure that thought has been given to the composition of the team on every piece of work we do, and use our mix of skill and experience effectively.

Insight 6 Nov 2020

New pension and fiduciary rules

Following extensive consultation with industry, in February 2020 the Guernsey Financial Services Commission (GFSC) issued its final rules and guidance under the Regulation...

News 21 Jan 2020

Lexology Getting the Deal Through

Collas Crill has contributed to the Guernsey and Jersey chapters for Lexology's Private Client 2020 Getting The Deal Through (GTDT). Lexology GTDT is a content source...

Insight 5 Dec 2019

Channel Islands: Anti-Bartlett

The Hong Kong Court of Final Appeal (Court of Final Appeal) has delivered its highly anticipated judgment in Zhang Hong Li and others v DBS Bank (Hong...

Insight 17 Jun 2019

To Apply or Not to Apply?

Private Trust Companies (PTC) are currently in vogue. So far in 2019 the Collas Crill International Private Client and Trust team have established more than six bespoke PTC...

Insight 31 May 2019

What is "impact" investing?

What is "impact" investing, sometimes referred to as responsible or sustainable finance, and what do trustees, family offices and others in the private client space need to...

News 29 Mar 2019

ICLG Private Client chapters

The Collas Crill Guernsey and Jersey based international private client and trust teams have collaborated with several major international law firms to produce the 2019...

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Guide 29 Jan 2020

'Trust me' - What to inspect when you are expecting... a trust

The 'Trust me' series from Collas Crill's Guernsey International Private Client and Trust team is intended to highlight key considerations and provide practical pointers for...

Guide 30 Jul 2020

'Trust me' - from here to indemnity

The 'Trust me' series from Collas Crill's Guernsey International Private Client and Trust team is intended to highlight key considerations and provide practical pointers for...

Guide 30 Sep 2020

Guernsey Private Trust Companies

Guernsey law provides for the establishment and regulation of Private Trust Companies (PTCs). A PTC is an entity that is formed for the purpose of being the trustee of one...

Guide 28 Apr 2021

Collas Crill explains... Creation of a Guernsey Trust

This is part of a series of guides in which we examine areas of Guernsey law that frequently arise in practice. Further guides will be released weekly; click here to...

Guide 2 Jun 2021

Collas Crill explains… Duties of a trustee under Guernsey law

This is part of a series of guides in which we examine areas of law that frequently arise in practice. Further guides will be released weekly; click here to subscribe to...

Showing 5 of 5 Results