EVENT PROGRAMME DETAILS. INSOLVENT TRUSTS : NAVIGATING THE MINEFIELD. WHAT EVERY TRUSTEE NEEDS TO KNOW Thursday 20th April 2017 PROGRAMME CPD COST

Transcription

1 EVENT PROGRAMME INSOLVENT TRUSTS : NAVIGATING THE MINEFIELD. WHAT EVERY TRUSTEE NEEDS TO KNOW Thursday 20th April 2017 SPEAKERS: Anthony Dessain (formerly of Bedell Cristin) and Robert Gardner (Bedell Cristin) CHAIR: Naomi Rive (Highvern Trustees) This talk will address the legal and practical issues which arise when the liabilities of trustees exceed the available assets of the trust. The speakers will address the following: When trustees are personally liable for the liabilities of a trust; When trustees cannot enforce their equitable right of indemnity; Whether, when and how statutory limited recourse provisions can come to the assistance of the trustee; The use of contractual limited recourse provisions; Structuring options for trustees; and The increasingly common problem of how trustees should deal with multiple creditors in this situation. The speakers will analyse how the legal issues are being developed by the Jersey and Guernsey Courts, which are leading the way in this area. Against the legal background, the ultimate aim of the talk will be to provide practical tips for trustees to avoid insolvency and personal liability, to give guidance as to the tensions between a trustee's duties to various different parties and how trustees should conduct themselves to ensure they are still remunerated while navigating these difficult problems. DETAILS VENUE: Pomme d Or Hotel CONTACT: T: F: E: step@stepjersey.org PROGRAMME 3.15 Registration/refreshments 3.35 Welcome 3.40 Presentation 4.40 Q&A 4.50 Closing comments 5.00 Drinks reception 6.00 Close Delegates are invited to attend a drinks reception from 5pm until 6pm when there will be the opportunity to order "Jersey Insolvency and Asset Tracking" (Fifth Edition) written by Anthony Dessain and Michael Wilkins at the discounted rate of 175. Please indicate on the booking form whether you will be attending. CPD 1 hour COST STEP MEMBERS: 70 STEP STUDENTS: 50 NON-MEMBERS: 90 STEP JERSEY IS SPONSORED BY:

2 SPEAKERS Anthony Dessain retired as the senior partner of Bedell Cristin in September He specialised in Jersey insolvency, reconstruction and asset tracking and trust law. The current Legal 500 directory describes him as "Jersey's top insolvency lawyer". He represented Jersey on the Council of the International Bar Association. He is an honorary member of the Commercial Bar Association of England & Wales (COMBAR) (North American section). He is a member of INSOL International, INSOL Europe and the International Insolvency Institute. He is chairman of the Jersey Institute of Law Endowment Trust. He has a number of nonexecutive directorships. He has co-authored "Jersey Insolvency and Asset Tracking" published by Key Haven Publications. This has been referred to in over 12 Judgments of the Royal Court. He has also written The Institute of Directors "Guidelines for Jersey Directors" and the section in Butterworths Encyclopaedia of Forms and Precedents on Offshore Trusts. Robert Gardner is a partner in Bedell Cristin's litigation department in Jersey. Following his training and qualification in two City law firms, Rob joined Bedell Cristin in 2006 from a leading Caribbean firm, where he was involved in a wide range of commercial litigation, corporate recovery and restructuring projects in both the Cayman Islands and British Virgin Islands. At Bedell Cristin, Rob works closely with insolvency practitioners in Jersey and elsewhere and regularly advises companies, directors, shareholders, creditors and insolvency office holders on all aspects of insolvency, restructuring and asset tracking work, usually where there is a cross border element. He is also involved in a broad range of commercial litigation, particularly disputes involving trusts. The Legal legal directory describes Rob as "extremely quick at absorbing complex facts" and he is recognised as a rising star in restructuring and insolvency by IFLR CHAIR Naomi Rive is a Group Director and Head of Family Office at independent private client business, Highvern. A lawyer by training and formerly a Partner in an offshore law firm, Naomi leads Highvern s Family Office proposition which focuses on supporting families with a wide variety of wealth planning requirements and developing multi-generational client relationships. Naomi works closely with clients and their legal, tax and investment advisers to ensure the establishment and implementation of robust and sustainable wealth planning structures. Naomi has considerable experience of providing trustee services in connection with complex trust structures and sitting as a director on the boards of private trust companies. Naomi is a member of the board of directors of Highvern Trustees Limited, Chair to STEP in Jersey and sits on the Jersey Finance Trusts Law Working Party.

3 SPONSORS Carey Olsen is a leading offshore law firm advising financial institutions, corporations and private clients on the laws of the British Virgin Islands, Cayman Islands, Guernsey and Jersey from a network of eight international offices. We provide legal services in relation to all aspects of corporate and finance, trusts and private wealth, investment funds, insolvency, restructuring and dispute resolution. Carey Olsen has one of the largest trusts and private wealth practices in the Channel Islands along with well-established practices in the British Virgin Islands and Cayman Islands. We have the scale and experience to resource the most demanding and complex cases as well as the day-to-day instructions. We understand the longevity of trusts work, which is why we focus on building long-term connections with our clients and their other advisers. careyolsen.com

4 Since opening an office in Jersey in 1962, RBC Wealth Management has continued to build upon its local presence and is proud to be recognised as one of the leading providers of wealth management services in the Channel Islands. By partnering with us, not only will you benefit from our award-winning expertise locally, but the international reach and full service capability of Canada s largest bank and one the world s leading wealth managers. Best Private Banking Service Overall, Jersey Euromoney Private Banking Survey, 2015 Tel: rbcwminternational@rbc.com

5 Savills is a leading global real estate advisor listed on the London Stock Exchange. The company, established in 1855, has a rich heritage with unrivalled growth; with over 200 offices worldwide, throughout the Americas, Europe, Asia Pacific, Africa and the Middle East, employing 19,000 people. Savills has a wide breadth of core services including consultancy, research, acquisition/disposal, leasing, valuation, buildings services and project management, property management, asset management, facilities management, corporate finance advice, insolvency advice, rating, rent review capital allowances, planning. We also offer specialist fund and investment management, real estate finance, and private financial services. A unique combination of sector knowledge and entrepreneurial flair clients access to real estate expertise of the highest calibre. We are regarded as an innovative thinking organisation backed up with excellent negotiating skills. Savills chooses to focus on a defined set of clients, therefore offering a premium service to organisations and individuals with whom we share a common goal. Savills is synonymous with a high quality service offering and a premium brand, takes a long term view to real estate and invests in strategic relationships. savills.co.uk

6 Since our foundation over a century ago, Smith & Williamson has been managing the financial affairs of private clients and their business interests, offering assistance in tax, investment management and financial planning. We are one of the top ten largest firms of accountants* in the UK and our investment management business has over 16 billion of funds under management and advice (as at 31 March 2015). Our business spans 12 offices in the UK, Ireland and Jersey, with locations in the City of London, Belfast, Bristol, Birmingham, Dublin, Cheltenham, Glasgow, Guildford, Manchester, Salisbury and Southampton, and an international capability in over 100 countries through membership of Nexia International and M&A International. We have a number of investment management teams with experience of working with trustees in the Bahamas, Bermuda, the Cayman Islands, Jersey, Guernsey, Isle of Man, and Switzerland. Our work with offshore trustees covers mandates ranging from lower risk all bond, to equity portfolios and fund of fund arrangements, and we place particular emphasis on building strong relationships with offshore trustees - building detailed knowledge of each individual mandate. Offshore mandates are typically more complex and we have wide-ranging experience in understanding the structures in place and the implications this may have on our investment strategy. In addition, we provide specialist tax advice from our Jersey office, assisting highnet-worth individuals and businesses with international tax planning and effective financial structuring. The Jersey tax team is supported by the firm s broader business which includes the full range of services: investment management, business advisory service, banking, corporate finance, corporate recovery and forensic accountancy. We have a large and experienced tax investigations team in the UK, which operates from several UK offices. The team handles tax enquiries and investigations with UK and international issues, and is skilled in both civil and criminal investigations. *according to the 2014 survey of the market by Accountancy magazine Important information Please remember the value of investments and the income from them can fall as well as rise and investors may not receive back the original amount invested. Past performance is not a guide to future performance. Smith & Williamson LLP Regulated by the Institute of Chartered Accountants in England and Wales for a range of investment business activities. A member of Nexia International Smith & Williamson Investment Management LLP Authorised and regulated by the Financial Conduct Authority Smith & Williamson Financial Services Limited Authorised and regulated by the Financial Conduct Authority. Ref 15/572

7 Standard Chartered are a leading international banking group, with around 84,000 employees and a 150-year history in some of the world s most dynamic markets. We bank the people and companies driving investment, trade and the creation of wealth across Asia, Africa and the Middle East. Our heritage and values are expressed in our brand promise, Here for good. Standard Chartered PLC is listed on the London and Hong Kong Stock Exchanges as well as the Bombay and National Stock Exchanges in India. Standard Chartered Private Bank is the private banking division of Standard Chartered bank. We are here for our clients in the long run. We have helped generations of entrepreneurs and business owners to grow their businesses from the very beginning. Along with a full suite of investment advice, products and services to grow and protect your wealth portfolio, our Private Bank can provide a unique dimension to your wealth strategy due to our expertise in Asia Africa and the Middle East Access our wealth management services from 6 leading financial centres including Hong Kong, Singapore, London, Jersey, Dubai and India. Your on the ground PvB Team of Advisors and Specialists deliver cross border capabilities, and connect you to opportunities in the markets most relevant for you We can meet your needs for bespoke investment, credit or wealth planning solutions, by combining our own in-house expertise with unparalleled access to insights, products and services sourced from leading providers in the industry For more information please visit Explore our insights and comment on our blog, BeyondBorders. Follow Standard Chartered on Twitter, LinkedIn and Facebook.

8 Stephenson Harwood has been looking after the legal needs of wealthy individuals and their families for nearly 200 years. We have always understood that our private clients require a wide range of services, beyond that which is offered by the traditional private client firms. This is because our clients are typically entrepreneurial, international and with complex, frequently international, interests. Stephenson Harwood is a full service international law firm, with over 130 partners and 700 staff worldwide. We have nine offices across Asia, Europe and the Middle East: Beijing, Dubai, Hong Kong, London, Paris, Piraeus, Seoul, Shanghai and Singapore. As a truly international firm, with a wide range of legal capabilities, we are ideally positioned to service all the needs of high net worth individuals and their businesses across the globe. To find out more about how we can help you and your clients please contact James Quarmby, head of Private Wealth: james.quarmby@shlegal.com or Tel: T:

9 Vistra's specialist colleagues provide tailored trust, fiduciary, fund and corporate services. We form strong, trusted connections with our clients, based on a deep understanding of their professional worlds, drawn from our extensive experience of working in those same worlds across finance, structuring, law, and accounting. We employ 2,500 professionals across 41 countries throughout the Americas, Pan Asia-Pacific, the Middle East and Europe. Our approach is always personal. We develop perceptive solutions to the often complex needs of each individual client, from international corporations to high net worth individuals. We always go further for clients, from forming new connections to navigating new jurisdictions, to maximise what is possible in international business. For more information please contact Steven Rowland on or steven.rowland@vistra.com

10 Booking form and invoice for: INSOLVENT TRUSTS : NAVIGATING THE MINEFIELD WHAT EVERY TRUSTEE NEEDS TO KNOW Thursday 20th April 2017 Organisation: Contact:: Tel: Number of delegates: Names of delegates: Job title Drinks Y/N (NB: Please indicate whether delegates will be attending the drinks reception which follows the seminar)..... STEP STEP Students TOTAL: Payment: Please indicate whether you are paying by BACS... cheque... or card... Alternatively, you can now REGISTER & PAY ONLINE at NB: A separate payment must be issued for each event booked Payment by BACS to: Bank: RBSI Limited Account: STEP Jersey Sort Code: A/C number: Ref: Nameoffirm200417(no spaces) OR: Post your cheque to: STEP Jersey PO Box 269, St Helier Jersey, JE4 8TN OR: Pay by credit/debit card Card payments will be processed securely through WorldPay NB: AMEX not accepted Name of cardholder: Billing address: Card number: Start date: End date Verification No: Issue No (debit cards) Terms and conditions: Conference documentation will be distributed at the event. STEP Jersey branch reserves the right to amend or cancel this event where the occasion necessitates. In such circumstances a full refund of any registration fee will be made but STEP Jersey branch shall accept no further liability. Prices may be subject to change. This booking form constitutes a legally binding contract. The delegate (s) and firm are jointly and severally liable for payment of the fees due. The conference language is English. Cancellations / Substitutions: You are able to send a substitute delegate at any time. If a non-step member attends in lieu of a STEP member the difference in fees will be charged. No refunds (or credits for future events) will be given for cancellations unless the STEP Jersey office is notified at least 24 hours before the event. Data Protection STEP Jersey branch and the STEP Worldwide ( STEP ) may use this information to update its databases, which are used for a wide range of purposes relevant to the activities of the organisation. STEP may also contact you from time to time with details of programmes and events that may be of interest to you. STEP may also disclose your details to our event sponsors, who may themselves contact you in relation to services which you may find of interest. If you would prefer the Society not to disclose and/or use your information in the ways set out above, please contact the Society at step@stepjersey.org Disclaimer STEP Jersey accepts no responsibility for statements made in oral or written presentations delivered at its conferences. The views expressed by speakers participating in STEP Jersey conferences are not necessarily the views of STEP Jersey and it does not accept responsibility for the accuracy of any statements made.