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6 BRITANNIA PLACE, BATH STREET, ST HELIER, JE2 4SU, JERSEY
Tel:
Work 01534 883850
Fax:
Fax 01534 883851
Email:
Web:
www.wardyates.com

Elaine Kelly

Tel:
Work 01534 883853
Email:
Web:
wardyates.com/
Ward Yates

Work Department

Corporate and commercial, banking and finance and private client and trusts.

Position

Elaine is a Jersey advocate and partner with over ten years’ offshore experience having previously worked at both Mourant Ozannes and Ogier, two of Jersey’s largest international law firms.  Elaine has a broad corporate and finance background. Her corporate expertise includes advising both public and private companies on high profile sales and acquisitions, corporate restructurings, joint venture arrangements, IPOs, high yield bond issuances and cash box transactions relating to placings and rights issues on the London Stock Exchange.  On the finance side, she has significant experience advising on senior and mezzanine lending and security involving a range of Jersey structures, including limited partnerships, discretionary trusts, JPUTs and companies.

Significant deals include: advising India’s largest property developer on the refinancing of £150m senior credit facility and £100m mezzanine credit facility in relation to the acquisition and development of prime real estate in London; advising a large geotechnical solutions specialist (listed on the LSE) in relation to its acquisition of units in a Jersey property unit trust for a total consideration price of £65m; and advising MTD Group (a Malaysian conglomerate, infrastructure-based group) on its entry into a £280m loan facility with AustralianSuper and TH Real Estate to develop One Crown Place, London.

Career

Qualified as an English solicitor (non-practicing) 2008; qualified as an Advocate of the Royal Court of Jersey 2012; Mourant Ozannes 2005-2007; Ogier 2007 -2015; Ward Yates 2015, partner Ward Yates 2016.

Education

Bournemouth University (2005 First Class Law Degree); 2008 English Solicitor (non-practising); 2012 Advocate of the Royal Court of Jersey;


Jersey

Banking and finance

Within: Next Generation Partners

Elaine Kelly - Ward Yates

Within: Banking and finance

A key area of work for Ward Yates is real estate finance, in which the 'high-performing' Nick Ward, who is also qualified in the BVI, demonstrates Islamic finance expertise on a range of deals. The 'calm and unflappable' Elaine Kelly handles many key deals concerning London real estate.

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Corporate and commercial

Within: Next Generation Partners

Elaine Kelly - Ward Yates

Within: Corporate and commercial

Deals concerning the elite of London real estate sit at the core of Ward Yates' corporate practice. Victoria Yates, Elaine Kelly and practice head Nick Ward (who is also BVI qualified) are the key names in the team, which also handles technical restructuring matters, many of which are cross-border.

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Legal Developments in Jersey

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • Enhanced Information for Cayman Entities

    The Cayman Islands Government has passed a number of amendment laws to strengthen Cayman's anti-money laundering and counter-financing of terrorism regime. The laws, published on 8 August 2019, are intended to help address certain recommended actions in Cayman's legislative framework identified by the Caribbean Financial Action Task Force in its evaluation report published in March 2019.
  • New Cayman Data Protection Law – A guide for Cayman funds

    The Cayman Islands Data Protection Law, 2017 ( DP Law ) is currently scheduled to come into effect on 30 September 2019.  Once commenced, it will enact a framework of rights and duties to regulate the processing of individuals' personal data broadly based on the same internationally recognised privacy principles that form the basis for other data protection laws globally.  The DP Law will regulate the processing of all personal data in the Cayman Islands and will affect any entity established in the Cayman Islands, including investment funds, that processes personal data regardless of whether such processing takes place within the Cayman Islands and regardless of whether the personal data relates to Cayman individuals.  For our full briefing see Cayman Islands Data Protection Law: An Ogier Client Guide .
  • Exempt bodies: Substance regulations may still apply

    The Income Tax (Substance Requirements)(Implementation) Regulations, 2018 as amended (the Substance Regulations ) came into force on 1 January 2019 and have recently been further updated by The Income Tax (Substance Requirements)(Implementation)(Amendment) Regulations, 2019 (the Amendment Regulations ), with effect from 1 August 2019.  The Amendment Regulations have extended the scope of the Substance Regulations to include all tax exempt bodies that have been granted an exemption under paragraphs (3) and (5) of Schedule 1 of the Income Tax (Exempt Bodies) (Guernsey) Ordinance, 1989 (as amended) (the Exempt Bodies Ordinance ).  In addition, the Amendment Regulations clarify the scope of the Substance Regulations in relation to IP Assets and High Risk IP Companies – the balance of this note focuses on the change in status of tax exempt bodies. 
  • Cayman Islands wills law heralds a more flexible approach

    The rules recognising the legal formality of wills in the Cayman Islands are prescriptive, requiring the will to be executed in writing, signed at the foot of the document by the testator and witnessed by two witnesses who formally attest the will in writing in the presence of the testator.
  • Luxembourg Government submits bill to Parliament implementing the EU Anti-Tax Avoidance Directive 2

    On 8 August 2019, the Luxembourg Government submitted a draft law to the Parliament (the Draft Law ) to implement the Council Directive (EU) 2017/952 of 29 May 2017 ( ATAD 2 or the Directive ) into Luxembourg domestic law.
  • Ogier fund finance team now offers Luxembourg legal advice from US time zone with return of Catharin

    Ogier's fund finance team now offers Luxembourg legal advice from a US time zone with the return of fund finance specialist Catharina von Finckenhagen to the Cayman Islands as a dual-qualified Luxembourg advocate and Cayman attorney.
  • Enhanced Information for Cayman Entities

    The Cayman Islands Government has passed a number of amendment laws to strengthen Cayman's anti-money laundering and counter-financing of terrorism regime. The laws, published on 8 August 2019, are intended to help address certain recommended actions in Cayman's legislative framework identified by the Caribbean Financial Action Task Force in its evaluation report published in March 2019.
  • Register of beneficial owners deadline approaching – are you ready?

    As of 1 March 2019, the Luxembourg law of 13 January 2019 (the Law ) creating a register of beneficial owners ( Registre des bénéficiaires effectifs or " RBE ") is in force.
  • Jersey substance proposals – the Banking and Finance perspective

    EU finance ministers have formally approved Jersey's economic substance legislation by removing the jurisdiction from the "grey list" on 12 March 2019 and the Privy Council granted formal approval to the Taxation (Companies - Economic Substance) (Jersey) Law 2019 (the Law) on 13 March 2019. The Law takes effect from 1 January 2019.
  • Ogier advises on $889 million acquisition of AIM traded payment services company by way of scheme of

    Ogier has advised Canadian payments technology company Nuvei Corporation on the US$889 million acquisition of AIM traded SafeCharge International Group Limited by means of a Court-sanctioned Guernsey scheme of arrangement.