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Commercial ‘Real Estate’ property transactions in Jersey

Commercial ‘real estate’ property transactions in Jersey

Title

The Jersey Public Registry records property transactions and maintains contracts for public inspection. In contrast to the Land Registry of England and Wales it does not guarantee title to registered land.

In essence, the Jersey law firm acting for the purchaser that effectively certifies title.  As such the due diligence process can be somewhat more involved than in other jurisdictions.

When are commercial transactions passed in Jersey?

Conveyances of freehold property are only passed before the Royal Court of Jersey on a Friday afternoon.

The transfer of the entire issued share capital of a property holding company may take place at any time during the week, not just on Fridays.

Title Registration

Once passed by the Royal Court, the freehold contract is recorded at the Public Registry. However, the registry plays a much less significant role than the Land Registry in England and Wales. It simply records details of property documents, and does not provide a state guarantee of title.

Freehold land transactions and security over freehold land will not take effect in law until the contract has been passed before the Royal Court.

Representation

In relation to conveyancing of freehold property, the parties to the transaction are required to attend the Royal Court.  This must be either personally or via an attorney or authorised representative to appear on behalf of themselves or their company.

Mortgages

Mortgages secured over immovable property must be registered in the Royal Court of Jersey on a Friday. Clients should bear these points in mind when timing the completion of any related transactions.

Security over shares can be registered any day of the week in the Security interest register held at the Jersey Financial Services Commission.

Regulatory

Transfer of commercial immovable property may require governmental consent.

In relation to the transfer of shares, there may also be other consents required such as control of borrowing regulations.

Property taxation

Conveyances of commercial freehold property attract Stamp Duty. It should be noted that stamp duty is also payable on related loans.

Transfers of shares relating to commercial property do not generally attract land transaction tax nor Jersey Goods and Services Tax (GST) but bear in mind if there is an associated borrowing which is to be secured as a charge against the company’s property, tax will be payable on that element of the transaction.

Income derived from Jersey property is taxed at 20%, but this is subject to deductions and relief for normal outgoings. In addition, as in England and Wales, capital allowances may be claimed for plant and machinery. Jersey does not have capital gains tax liability on property, nor inheritance tax.

How Parslows can help

Parslows commercial property team provide an exceptional service to all our clients, whether you are a first-time buyer or some way up the property ladder.

Our conveyancers and property lawyers are focused on providing you with expert advice with a truly personal service.

We advise on all aspects of property law: whether it be advice on financing, off plan and building contracts or option agreements, landlord and tenant advice or regulatory advice we can assist.

Our clients are pleased with our service and fees, we are confident you will too.

For further information or a fixed fee for your conveyancing work please do not hesitate to email us at comprop@parslowsjersey.com  or call 630530;

The information and opinion expressed in this briefing does not purport to be definitive or comprehensive and are not intended to provide professional advice. For specific advice, please contact Parslows, We are not responsible for, and do not accept any responsibility or liability in connection with, the content of this document or any reliance upon it

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