We use cookies for statistical purposes.

Our Articles

Open a Trust Company in Jersey

Open a Trust Company in Jersey

Setting up a trust in Jersey is a process that can be easily handled with the help of our agents. Our specialists in company formation in Jersey can assist interested parties during the process of creating a trust. Read below to find out more about trusts in Jersey, and why this jurisdiction is commonly chosen by individuals who wish to set up these structures.

A trust in Jersey is formed in accordance with the Trusts Law of 1984. Under the applicable legal provisions, there are general rules that apply to trusts (including the recognition of a trust under Jersey law), as well as provisions that apply only to Jersey trusts.

 Quick Facts  
  Jersey trust company uses Asset protection, succession planning, forced heirship, division of assets prevention, spending control, etc.

 

Governing law

 

Trusts (Jersey) Law 1984 (“Trusts Law”), with its subsequent amendments

The settlor

 The party granting the management of the assets. He can also be a beneficiary, although not the sole beneficiary
The trustee

The party entrusted with the management of the assets, acting in good faith and with due diligence, in the interest of the beneficiaries

The beneficiary The parties that will benefit from the assets
placed in the trust
The protector

Appointed when the settlor wishes to control
the powers of the trustee

Discretionary trusts in Jersey The most commonly used form, allows the trustee the power to administer the assets on behalf of the beneficiaries

 

Settlor reserved power trusts The settlor reserves certain powers to himself under the trust deed, including the power to change the terms
of the trust
Non-charitable purpose trusts The trust can have non-charitable purposes and can be used for private wealth issues
Jersey trust company privacy Created by a private document which does not need to be filed with a public body, nor made accessible to the general public (only the beneficiaries)
Trust taxation in Jersey The trust is a tax neutral structure. Tax implications apply at the level of the settlor and the beneficiary
Trust termination The trust in Jersey can be revocable or irrevocable. The latter is generally the preferred form
Trust period Can be limited or unlimited. Its duration is stipulated in the incorporation documents.
Reasons to open a
trust in Jersey

Jersey has a developed and qualified professional trust sector, a modern trust legislation, and good financial services supervision

Asistance for Jersey trust company formation Our Jersey company formation agents assist investors who wish to set up a trust for asset management and protection or commercial purposes

In addition to trust formation, our team can assist investors who wish to set up a company in Jersey that activates in another industry, such as the services sector, IT companies, financial companies, and more. We can give those interested a step-by-step guide of the process needed to open a company and will also help represent them if they cannot be present in Jersey during the incorporation.

What is a trust?

A trust is an agreement or arrangement between parties for the purpose of managing different types of assets. Essentially, it is a binding relationship between the parties, and it can be used for different purposes, from private wealth management to asset protection, or to charitable purposes.

Our agents specializing in company formation in Jersey list the parties (or persons) involved in a trust:

  • the settlor: the party that decides to set up a trust in Jersey, the one who will place the assets into the trust;
  • trustee: the individual (or company, see below) entrusted with holding the assets for the settlor, as indicated;
  • the beneficiary: the person who will benefit from the assets in due time, as instructed by the settlor;
  • the enforcer and the protector: the former ensures that the trust purposes are fulfilled while the latter monitors the activities of the trustee and, as needed, can provide guidance; the use of these last two parties to a trust is optional, not mandatory.

What are the steps needed to set up a trust in Jersey?

A trust in Jersey is set up according to the law (The Trusts Law of 1984, as well as other relevant provisions) and founders enjoy a certain degree of flexibility via the trust deed.

The trust deed is the way in which a trust is formed in Jersey and it is the document that includes the purpose of the trust, sets out the responsibilities of the parties, as well as lays out the assets that will be placed under management by the settlor.

A trust in Jersey is set up by providing information about all the involved parties. Therefore, this instrument is set up with a high degree of transparency concerning the involved parties, as well as the assets that are placed in the trust.

Individuals who wish to set up a Jersey trust can draw up the trust deed with the help of our experts. Once the document is completed, it may be enforced by the Jersey courts, if needed. There is no need to publicly register the trust, therefore the settlor only has to take care of a few steps, which can be easily accomplished with the help of our team.

What are the requirements for those who set up a Jersey trust company?

A distinction is made between a trust and a trust company in Jersey. The latter is a corporation set up for the purpose of acting as a trustee and, for this purpose, it will fulfill the roles that are entrusted to this party, as previously outlined herein.

Investors who establish a Jersey trust company for the purpose of acting as a trustee incorporate it as per the Companies Law and will observe the corporate governance framework, as well as the conditions under which it can provide trustee services.

A trust company business is subject not only to regulation but also to a set of principles in conducting its activities. Some of the main requirements for those who open a Jersey trust company, in terms of how they conduct the activity, include:

  • to conduct the business with integrity;
  • to have the highest regard for the interest of the clients;
  • to properly organize and control the affairs and have adequate risk management systems in place;
  • to maintain transparency in the business operations;
  • to be able to prove it has adequate financial resources and insurance.

Investors setting up a trust in Jersey that will be used to provide services for clients will also need to follow other principles.

Assets under management in Jersey

According to a Jersey Private Wealth Report for 2021/22, the net asset value under administration at the end of 2021 was £440.1 bn. Other data shows:

  • there were 34,550 live companies on the register, at the end of the last quarter of 2021;
  • the total value of the banking deposits held in Jersey was £131.4 bn;
  • £30.8 bn was the total value of funds under management.

Are you thinking of setting up a different type of company? Jersey companies can be used for different purposes that include succession and estate planning, and also tax planning, investments, asset holding, or trading. Our team assists foreign investors who wish to open a company in Jersey throughout all of the pre- and post-incorporation phases. You can reach out to us for more information about the available business forms.

We can also help those interested open a bank account in Jersey.

Guernsey is one of the Channel Islands and company formations in this jurisdiction are popular among investors who use them for various trading and asset management purposes. Investors who wish to incorporate in Guernsey, the Other Bailiwick that makes up the Channel Islands along with Jersey, can reach out to our agents specializing in Guernsey company formation.

If you are interested in other matters, such as how to immigrate to Jersey, our lawyers in Jersey can answer your questions.

Contact us if you want to set up a trust in Jersey. Our team can assist you during the incorporation phase.