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Ogier

WHITELEY CHAMBERS, DON STREET, ST HELIER, JE4 9WG
Tel:
Work 01534 504000
Fax:
Fax 01534 504444
Web:
www.ogier.com
Email:
Tortola, St Peter Port, St Helier, London, Hong Kong, Grand Cayman , and 1 more

Nick Kershaw

Tel:
Work +44 1534 504263
Email:
Ogier

Work Department

Business and trust law.

Position

Nick is the chief executive of the Ogier Group. He was formerly the head of Ogier’s real estate investment team specialising in real estate investment, investment funds and corporate work. Nick is a past chairman of the legal sub-committee of the Jersey Funds Association and was instrumental in the introduction of the highly successful Jersey Expert Fund. The firm: in 2008 Ogier opened new offices in Bahrain and Tokyo and launched a new service, Ogier private wealth, which offers the very highest levels of personalised wealth planning for high-net-worth individuals, family businesses and family offices. Ogier now offers legal and fiduciary services from BVI, Cayman, Guernsey, Hong Kong, Jersey and London. Ogier has fiduciary services offices in Bahrain and Ireland, and a representative office in Tokyo.

Career

Career: Called England and Wales 1988; advocate Jersey 1996; Clifford Chance; Phillips & Drew; partner Ogier 1997.

Member

Member: Jersey Law Society; IBA; Jersey Funds Association.

Education

Education: King’s College, University of London (1986); Inns of Court School of Law.

Practice Areas

Corporate and commercial; Investment funds; Property - commercial property

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Legal Developments by:
Ogier

  • Enviroco Limited v Farstad Supply A/S

    A recent case in the English Court of Appeal has considered the definition of “subsidiary” set out in sections 736 and 736A of the UK Companies Act 1985 (the “UK Act”), in circumstances where a secured party has taken security by way of assignment of title to the shares of an underlying company.
    - Ogier

Legal Developments in Jersey

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  • Enviroco Limited v Farstad Supply A/S

    A recent case in the English Court of Appeal has considered the definition of “subsidiary” set out in sections 736 and 736A of the UK Companies Act 1985 (the “UK Act”), in circumstances where a secured party has taken security by way of assignment of title to the shares of an underlying company.
    - Ogier

  • British Virgin Islands: New Regulatory Legislation

    New legislative provisions will come into force shortly in the British Virgin Islands relating to financial services, insurance business and financing and money services. These provisions will provide for an enhanced platform in these areas of the financial services industry of the BVI, once again demonstrating the continual commitment of the BVI to ensuring its legislation provides for first class transparent regulation which is appropriate for the BVI as an OECD white listed jurisdiction.
    - Ogier

  • The law of mistake: In B -v- C, D and E in the matter of the A Trust [2009] JRC 245

    In B -v- C, D and E in the matter of the A Trust the Royal Court took the opportunity to fully review the law of mistake in Jersey concerning the disposal of personal property by an individual into a trust following recent decisions by the English courts.
    - Ogier

  • The AML/CFT Handbook for Regulated Financial Services Business

    On 23 December 2009 the Jersey Financial Services Commission (“JFSC”) published an additional trust company business section (the “Section”) to its Handbook for the Prevention and Detection of Money Laundering and the Financing of Terrorism (the “Handbook”).
    - Ogier

  • Jersey Corporate Cross Border Insolvent Reconstruction and Moratorium Procedures

    The liquidity crisis has increased the need for creative procedures to avoid sudden death bankruptcy in order to salvage existing value.
    - Bedell Cristin

  • Putting Jersey Companies into English Administration

    A Jersey company or one of its creditors may wish the company to be placed into administration in England under Schedule B1 of the UK's Insolvency Act 1986 (the "Act").
    - Bedell Cristin

  • In re the Exeter Settlement 2010 JRC012

    This is the latest in a line of rectification of trust applications granted by the Royal Court. In this case the Court allowed the remedy in circumstances where there were no beneficiaries recorded in the trust instrument when it was executed.
    - Carey Olsen

  • Investment Funds Global

    Current developments in the global investment funds legal and regulatory environment
    - Ogier

  • Who Moved My Class Rights? - A Short Study of Cayman Islands Law on Variation of Class Rights

    The basic question is whether under Cayman Islands Law, a variation of a right attaching to a particular class of shares has to be consented to by special majority of the members? In other words, can the Article authorising the variation of class rights specify a simple majority or some other majority?
    - Ogier

  • Private Trust Companies

    A private trust company ("PTC") is a useful vehicle to consider in the planning and establishment of trust structures for wealthy families. Rather than transferring assets to an offshore service provider's professional trustee company, certain families may prefer to establish their own corporate trustee (a PTC) to act as the trustee of the trusts which they plan to create.
    - Bedell Cristin
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