Representation of C Trust [2016] JRC 144 (25 August 2016)

Representation of C Trust [2016] JRC 144 (25 August 2016)

The Representor, as sole council member supported by the Guardian, has the power under the Foundations' regulations and the Foundations Law to amend the regulations as proposed, including redefining excluded persons, permitting disclosure, and dissolving the Foundations. The Representor's actions are formed in good faith, are reasonable, and not vitiated by conflict of interest. The Court blesses the proposed actions. Even if the regulations did not permit such changes, the Court would exercise its powers under Article 45 to achieve the same result.

Citation
[2016] JRC 144
Parties
Representor: C Trust Company Limited; Respondent: Mrs B; Respondent: Daughter 1; Respondent: Daughter 2; Respondent: Grandson A; Respondent: Grandchildren; Guardian: Guardian; Interested Party: Her Majesty's Attorney General
Jurisdiction
Jersey
Judgment Date
25 August 2016
Procedural Posture
Representation (application for Declarations and Directions) / Judgment on Application
Outcome
Application granted; Court blesses Representor's proposed actions.
Legal Topics
Powers of Foundation Council, Amendment of Foundation Regulations, Disclosure of Information, Dissolution of Foundations, Beneficiary Status, Compliance With Foreign Tax Obligations
Trusts and Foundations Law Charity Law Tax Law Powers of Foundation Council Amendment of Foundation Regulations Disclosure of Information Dissolution of Foundations Beneficiary Status +1 more

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Parties

C Trust Company Limited

Representor

Mrs B

Respondent

Daughter 1

Respondent

Daughter 2

Respondent

Grandson A

Respondent

Grandchildren

Respondent

Guardian

Guardian

Her Majesty's Attorney General

Interested Party

Procedural Posture

Representation (application for Declarations and Directions) / Judgment on Application

Legal Issues

  1. 1 Does the Representor have power to amend regulations regarding excluded persons and disclosure?
  2. 2 Is the proposed action a proper exercise of council powers?
  3. 3 Should the Court bless the Representor's proposed actions?

Ratio Decidendi

The Representor, as sole council member supported by the Guardian, has the power under the Foundations' regulations and the Foundations Law to amend the regulations as proposed, including redefining excluded persons, permitting disclosure, and dissolving the Foundations. The Representor's actions are formed in good faith, are reasonable, and not vitiated by conflict of interest. The Court blesses the proposed actions. Even if the regulations did not permit such changes, the Court would exercise its powers under Article 45 to achieve the same result.

Court Disposition

Application granted; Court blesses Representor's proposed actions.

Orders

  • Representor may amend regulations to redefine excluded persons.
  • Representor may amend confidentiality provisions to permit disclosure for tax compliance.