Expert Jersey Legal Opinions

Parslows LLP lawyers routinely provide Jersey legal opinions on Jersey entities such as companies, partnerships or foundations for UK and other jurisdiction transactions.

A Jersey legal opinion may be required for a variety of purposes, such as in a cross-border transaction, where a Jersey company is involved.  Broadly, general practice dictates that Jersey Lawyers will opine on (i) the capacity, power and authority of an entity (whether a company, limited partnership, etc.) established in that jurisdiction, including due execution and (ii) the enforceability of the key transaction documents governed by the law of that jurisdiction.

Our lawyers provide timely legal opinions and are transparent on fees, in most cases providing a fixed fee.

FAQs

What form do legal opinions take in Jersey?

Legal opinions issued by Jersey Advocates follow the same format as those issued in England and Wales in focusing on capacity Opinions and enforceability Opinions.

What is the content of a typical Jersey legal opinion?

A typical legal opinion typically organises the information under the following categories:

1. Background: This section clarifies the role of the Jersey Lawyer and the law firm, such as Parslows LLP, providing the opinion within the transaction.
2. Definitions: Here, key terms, individuals, provisions, and documents are defined for clarity.
3. Opinion Given: Typically, this part focuses on the specific legal opinion.
4. Documents Examined: It lists the relevant documents scrutinized, including the Transaction Documents and the constitutional documents of the Jersey Entity.
5. Enquiries Made: This section would detail any inquiries made, such as those with the Jersey Financial Services Commission, Judicial Greffier and or the Viscount of the Royal Court.
6. Assumptions and Qualifications: These pertain to factual matters informed by third parties, not subject to verification, often addressed by warranties in the Transaction Documents.

Are there any specific Jersey timing issues to be considered?

Typically, a Jersey legal opinion will require:

1. a review of the records of the Jersey Entity held by the JFSC;
2. a search enquiry of the Office of the Viscount, the executive officer of the Jersey courts;
3. a search enquiry of the Judicial Greffe, the administrative arm of the Royal Court of Jersey to confirm whether winding-up proceedings have been initiated; and or
4. a search enquiry of the Jersey Security Interests Register maintained by the Jersey Registrar of Companies.

These enquiries can take one or two days to complete