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Jersey Foundations Law Published,
by Robert Lee, Tax-News.com, London
Monday, June 29, 2009
The text of the Foundations (Jersey) Law 2009 has been released for public
viewing ahead of establishment of Jersey’s first foundation following the
Privy Council’s approval of the text in mid-June. A consultation paper
setting out the proposed registration and process fees for foundations has been
issued by Jersey’s Financial Services Commission.
Broad agreement from industry has been obtained via the Foundations Working
Group that fees for foundations should track, where similarities exist, those
currently set for Jersey companies.
In order to be consistent, amendments are being proposed to other Registry
Fees Notices, with respect to searches, to bring them into line with the proposed
search fees for foundations.
Foundations are commonly used for wealth management, and residents of jurisdictions
like the Middle and Far East are more familiar with foundations than with trusts,
which do not exist in their legal systems.
Welcoming the Privy Council’s decision in a prior statement, Economic
Development Minister Alan Mclean said: “More than ever, in these difficult
times, we need to do what we can to support and diversify the island’s
Finance Industry. I am pleased that Jersey is the first of the Crown Dependencies
to bring in Foundations, and we hope this kind of innovation will help to protect
and develop the industry that pays for more than half of Jersey’s essential
services.”
Responses to the consultation paper are invited and should be provided in writing
to either the Commission or Jersey Finance Limited in accordance with the timescales
stated in the consultation paper, which is available from the Jersey Financial
Commission’s website. The Foundations (Jersey) Law 2009 is accessible
through Jersey’s dedicated law site – Jerseylaw.
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