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Carey Olsen

47 ESPLANADE, ST HELIER, JE1 0BD, JERSEY
Tel:
Work 01534 888900
Fax:
Fax 01534 887744
Email:
Web:
www.careyolsen.com

Stephen Fitzgerald

Tel:
Work +44 (0)1634 822253
Email:
Web:
www.careyolsen.com/people/stephen-fitzgerald
Carey Olsen

Work Department

Trusts and Private Wealth; Employment Pensions and Incentives

Position

Stephen has a broad non-contentious trust practice advising many of the leading Jersey trust companies on all aspects of trusts, foundations and private companies. His practice also includes aspects of share/cash based employee incentives and pensions.

As a former member of the corporate group he has acted on a range of corporate/commercial matters (including share sales and property financing). Stephen has been seconded to local institutional trust companies to advise on various projects. Stephen’s practice has a particular emphasis on the drafting of bespoke trust and foundation documents for commercial and private wealth purposes.

Career

Stephen qualified as an Advocate of the Royal Court of Jersey in 2006. Prior to joining Carey Olsen in 2000 he spent five years working in Jersey's trust industry.


Jersey

Private client, trusts and tax

Within: Next Generation Partners

Stephen Fitzgerald - Carey Olsen

Within: Private client, trusts and tax

Carey Olsen has an extensive team of highly-regarded trust lawyers, who are routinely praised by an enviable client list of trustees, family offices and ultra-high-net-worth individuals. The firm’s offering covers the gamut of the area, with expertise in structuring and restructuring commercial and private trusts, foundations, family offices and not-for-profit organisations. Professionals such as Siobhan Riley, Stephen Fitzgerald, Keith Dixon and Alexa Saunders regularly advise on succession, pension and estate planning and the associated regulatory and compliance matters. Semi-contentious issues such as Royal Court applications for transaction set-asides and regulatory investigations are routinely handled by Andreas Kistler, with counsel Victoria Connolly a rising star in this field. Paul Matthams has retired from private practice and is now at wealth manager Stonehage Fleming.

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Legal Developments in Jersey

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  • 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.