The purpose of the Employment and Discrimination Tribunal (Procedure) (Jersey) Order 2016 is to set out statutory procedures in relation to the conduct of proceedings before the Employment and Discrimination Tribunal. This will replace the current non-statutory procedures of the Tribunal.
I would like to simplify my affairs. Should I consider setting up a company or a trust?
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Pinel Advocates is looking to recruit energetic, ambitious individuals to join is growing team.
Agnieszka Blaszczyk, Group Partner and Oliver Hughes, Associate of Pinel Advocates discuss the latest developments and trends in relation to local business sales and acquisitions.
Pinel Advocates is looking for Jersey-based charities in need of free legal advice in 2016.
Pinel Advocates provides advice to entrepreneurs and start-up businesses.
Advice on using electronic signatures.
The Foundations (Amendment of Law) (Jersey) Regulation 2015 was enacted in March (the “Amendment”) and amends Jersey’s primary foundations law which came into force in 2009 (the “Foundations Law”).
The Amendment makes two important changes that help to clarify the original drafting for the private client industry in Jersey.
Firstly the Foundation Law has been amended so that it is clear that the purpose of a specific purpose foundation can either be contained in the Charter or in the Regulations. Previously the Foundations Law was unclear as to what extent the purpose of a purpose foundation should be included in the Charter. By expressly allowing the purpose of a purpose foundation to be contained in the Regulations, this ensure the confidentiality of the specific purpose of a foundation if the client so wishes.
Secondly there is now an obligation on all members of a foundation’s council to make sure that a foundation’s records are kept and prepared properly and are accurate. The records should contain entries of all income and expenditure in addition to recording all the assets and liabilities of the foundation. As the obligation now rests on all council members equally, any member can request to inspect the accounting records of the foundation by giving two days’ notice of such request. As many foundations will have a sole qualified member acting as the council member, we do not consider that this amendment will impact on many structures, however, where there are multiple members on a foundation’s council, then they should each ensure that they evidence they are complying with the new standard.
I am thinking about updating my Will. How should I go about this?
The States of Jersey are establishing an Ombudsman Scheme in 2015 for financial services offered in Jersey.
Pinel Advocates has launched a Technology and Media team and has become the first and only law firm member of Digital Jersey.
What impact will the new EU regulations to be introduced on data protection have on my online Jersey business?
It is expected that the EU’s General Data Protection Regulation (the “Regulation”) will be finalised in the first quarter of 2015. The Regulation will apply to all processing of personal data by a business operating in the EU market, whether or not the business is physically based in the EU. Jersey businesses providing services to European consumers will have to meet the requirements of the Regulation, even if these differ from Jersey law requirements. All Jersey businesses should therefore be aware of the pending Regulation, particularly those involved in data hosting or Cloud computing, and those who have EU citizens as clients. Any breach of the Regulation by a business could lead to economic penalties.
Jersey is currently assessed as being compliant with EU standards, so maintaining that high standard in line with the new Regulation will be important. It is likely that Jersey will need to update and amend the current Data Protection (Jersey) Law 2005 (the “Law”) in due course to ensure Jersey remains compliant with the Regulation. The best way to prepare for the impending changes is for a business to review its existing data protection policies and procedures to ensure that they comply with the current Law.
