The Legal 500 > Turcan Connell > Edinburgh, SCOTLAND > Lawyer profiles

Turcan Connell

PRINCES EXCHANGE, 1 EARL GREY STREET, EDINBURGH, EH3 9EE, SCOTLAND

Tel:: Work 0131 228 8111
Fax:: Fax 0131 228 8118
DX:: 723300 EDINBURGH 43

Web:: www.turcanconnell.com
Email:

St Peter Port, London, Glasgow, Edinburgh

Simon Mackintosh

Tel:: Work +44 131 228 8111
Email:

Position

Partner and head of the charity unit dealing with all aspects of charity law, as well as tax and estate planning (UK and international).

Career

Trained W & J Burness; qualified 1982; seconded Boodle Hatfield 1983-84; partner W&J Burness 1985-97; resident partner Guernsey office 1989-90; partner Turcan Connell 1997 to date; directorships: Macphie of Glenbervie Ltd and chairman of The Edinburgh Academy; chairman of Scottish Episcopal Church Pension Fund Trustees; co-author 'Revenue Law in Scotland' (Butterworths 1987) and of 'Trusts and Estates in Scotland' (Bloomsbury); Scottish editor 'Personal Tax Service' (Butterworths); contributor 'Scottish Older Client Law Service' (Tottel) and Jordans Charities Administration Service; accredited as a specialist in trust law and in charity law by the Law Society of Scotland.

Languages

French, German.

Member

Law Society of Scotland panel on Specialist Accreditation in Trust Law (convenor); Law Society of Scotland panel on Specialist Accreditation in Charity Law; Executive Committee of the Charity Law Association; International Academy of Estate and Trust Law; STEP; Scottish Executive Commission on Reform of Charity Law; past convenor Law Society of Scotland Tax Law Committee; member Law Society of Scotland Charity Law Committee; Court of Directors of Edinburgh Academy.

Education

Edinburgh Academy; Glenalmond; Magdalene College, Cambridge (1978 BA Hons); Edinburgh University (1980 LLB distinction).

Leisure

Gardening, golf, rugby; member: New Club, Edinburgh.

Practice Areas

Private client; Tax - international; Charities and not-for-profit

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Killing 2 Birds With 1 Stone: The Conceptual Double Derivative Action Comes to Life

The separate legal entity doctrine means that a company can sue in its own name for a wrong done to it. Where a solvent company is unable to bring an action, its members can apply to do so. This was set out by the courts in several long standing decisions that set out the circumstances under which this would be allowed. This is known as the common law derivative action. In Singapore, the Companies Act was amended to provide for what has become known as a statutory derivative action where a private company incorporated in Singapore is involved. However, modern businesses are organised in groups of companies so that investors are shareholders in a holding company and businesses are run in wholly-owned subsidiaries. A deceptively simple question then arises - can a member of a holding company apply to court to take out a derivative law suit in the name a subsidiary where the member has no direct shareholding (termed a "double derivative action")?

- Stamford Law Corporation
Prest (Appellant) v Petrodel Resources Limited & Others (Respondents) [2013] UKSC 34 On appeal from:

On 12 June 2013, the English Supreme Court handed down a unanimous judgment which discussed the ability of the English Family Division to treat the assets of companies wholly owned by one party to a divorce as available to that party for the purposes of ancillary relief.

- Ogier
High Yield and Convertible/Exchangeable Bonds

M&A bond financing: offshore high yield and convertible bond issuance

- Ogier
Indonesia Releases New Investment Laws on Public Companies

On 8 April 2013, the Indonesian Investment Coordination Board ( BKPM ) issued the new BKPM Regulation No. 5 of 2013 on the Guidelines and Procedures for Licensing and Non-Licensing in relation to Capital Investments ( Regulation 5/2013 ), which generally deals with foreign and domestic investments in public companies and their subsidiaries in Indonesia. Regulation 5/2013 was promulgated in the State Gazette on 12 April 2013 and took effect on 27 May 2013.

- Stamford Law Corporation
Critical Information for New Immigrants and Returning Residents Regarding Tax Benefits

A New Governmental Proposal to Significantly Narrow the Tax Benefits for New Immigrants and Returning Residents in Israel

- Herzog Fox & Neeman
Litigation funding, champerty and the Code of 1771

Third party litigation funding will not infringe the laws against champerty and maintenance and will not be contrary to the Code of 1771 - a summary of the Royal Court's judgment in Barclays Wealth Trustees (Jersey) Limited and Barclays Wealth Fund Managers (Jersey) Limited as trustee and manager of the R2R Funds -v- Equity Trust (Jersey) Limited and Equity Trust Services Limited.

- Mourant Ozannes
Jersey gets ready for AIFMD

Jersey gets ready to comply with the requirements of the EU Alternative Investment Fund Managers Directive.

- Mourant Ozannes
Guernsey Update - Alternative Investment Fund Managers Directive ("AIFMD")

On 30 May 2013, the European Securities and Markets Authority ("ESMA") announced that it has approved cooperation agreements to be signed by the Guernsey regulator, the Guernsey Financial Services Commission ("GFSC").

- Bedell Cristin
In specie distributions – legal update

The decision analyses whether the Fund's directors were entitled to make an in specie redemption by the transfer of assets acquired by the Fund after the redemption payment date and in circumstances where, on an objective basis, there were doubts as to the value of the assets.

- Mourant Ozannes
Guernsey Investment Funds - AIFMD Update

ESMA approves cooperation arrangements with Guernsey

- Ogier