Commercial Property Jersey SERVICE GUIDE. PO Box Esplanade St Helier Jersey JE1 1BD Channel Islands

Transcription

1 Commercial Property Jersey PO Box Esplanade St Helier Jersey JE1 1BD Channel Islands T: +44 (0) F: +44 (0) E:

2 ABOUT APPLEBY Appleby is one of the world s leading offshore law firms. The Group has offices in the key offshore jurisdictions of Bermuda, the British Virgin Islands, the Cayman Islands, Guernsey, Isle of Man, Jersey, Mauritius, and Seychelles, as well as a presence in the international financial centres of Hong Kong and Shanghai. Appleby has been ranked as one of the world s largest providers of offshore legal services by number of lawyers in The Lawyer s 2016 Offshore Survey. With over 470 people, including lawyers and professional specialists, across the Group, Appleby delivers sophisticated, specialised services, primarily in the areas of Corporate, Dispute Resolution, Private Client and Trusts, Regulatory and Property. The Group advises public and private companies, financial institutions, and high net worth individuals, working with these clients and their advisers to achieve practical solutions, whether in a single location or across multiple jurisdictions. Tim Hart Partner Global Group Head Property +44 (0) thart@applebyglobal.com OVERVIEW Appleby s property lawyers have been at the forefront of Jersey commercial property work for many years, earning a reputation for technical excellence, innovation and commerciality. Led by practitioners recognised for their experience and skill, we have consistently been ranked in the top tier in legal directories. One of the best teams on the Island. Legal 500 OUR SERVICES We advise developers, investors, financial institutions, corporate occupiers and governmental agencies on all aspects of commercial property work, including: Development: commercial, residential and mixed-use, including some of the largest and most high-profile schemes in the Island Investment sales and purchases: offices, retail units, hotels and other commercial property investments Commercial leases: including preliminary agreements to lease Property finance: acting for both lending institutions and borrowers Regulatory advice: in connection with the acquisition, development, occupation and use of commercial property Property support: co-ordinated advice in conjunction with colleagues in other practice areas 2

3 PROPERTY DEVELOPERS We have unparalleled experience in property development work, including the largest office developments in Jersey and a wide variety of residential and mixed use developments. We understand the commercial imperatives, including the need to ensure that the legal structuring is suited to the physical nature of the development and allows the necessary flexibility. We have developed innovative legal structures, combining different legal tenures, to help our clients achieve their commercial objectives. A good example of our innovation is the mixed use Castle Quay development at St Helier Waterfront, comprising 384 apartments and multiple commercial units in two blocks with a shared basement. Here we developed a legal structure which enabled the apartments to be sold by way of share transfer, the commercial units to be sold by flying freehold and the whole development to be managed on a composite basis. Our experience in office developments includes acting for the developer of Ogier House, the landmark 100,000 square foot headquarters of Ogier Legal and Ogier Fiduciary (now Elian). We advised the developer at all stages of the project, working in close conjunction with the developer s professional team in the negotiation of the pre-let agreement, the lease and arrangements with neighbouring landowners. We were also able to bring to bear our substantial experience of professional appointment and collateral warranty documentation. We understand the commercial imperatives, including the need to ensure that the legal structuring is suited to the physical nature of the development and allows the necessary flexibility. We recognise that teamwork is key to successful property development and that a developer s legal advisers must work closely with the developer s in-house team and external professional advisers. 3

4 PROPERTY INVESTORS We advise institutional and private investors in relation to the acquisition and disposal of all kinds of commercial property investments, including offices, hotels and retail premises. Recent transactions have included the sale of the multi-let Charter Place office block, the sale of SG Hambros House and the purchase of the Paperchase store in St Helier. Investment transactions frequently involve company law aspects many transactions take the form of sales of shares in special purpose companies as well as financing arrangements of various kinds. We work in close conjunction with our corporate and commercial colleagues to ensure that all elements of a transaction are dealt with on a seamless basis. We work in close conjunction with our corporate and commercial colleagues to ensure that all elements of a transaction are dealt with on a seamless basis. 4

5 BUSINESS OCCUPIERS We have acted for a wide range of businesses in taking leases of new business premises, from financial services businesses to retailers to restaurant operators. These transactions frequently involve dealing on two fronts: with the landlord of the new premises and the landlord of the client s existing premises. We understand the timing pressures on businesses when they relocate and the need to co-ordinate all transactional and practical elements of the relocation exercise. Where the new premises are yet to be built, or are to undergo significant works prior to completion of the lease, it is common for a pre-let agreement to be entered into. We have substantial experience of negotiating pre-let agreements and understand the key elements for tenants and landlords. Our advice is not limited to the purely property aspects. We advise and assist in relation to the obtaining of necessary regulatory approvals, We have acted for a wide range of businesses in taking leases of new business premises, from financial services businesses to retailers to restaurant operators. 5

6 LENDERS AND BORROWERS We advise both lenders and borrowers in property finance transactions, involving the negotiation of facility agreements, property security documents and security agreements relating to other collateral such as bank accounts and shares as well as the provision of certificates of title. As well as purely Jersey-based transactions, we act in relation to the Jersey property aspects of financing transactions involving portfolios of properties in multiple jurisdictions. We act in relation to the Jersey property aspects of financing transactions involving portfolios of properties in multiple jurisdictions. 6

7 BUYERS AND SELLERS OF BUSINESSES Working in conjunction with our corporate and commercial colleagues, we advise on the property aspects of the sale and purchase of businesses operating in Jersey. Recent high-profile examples include the sale of the Spar retail business and the sale of the Jersey Royal Company. Similarly, we provide all required property support in connection with corporate reorganisations, including the Court-sanctioned transfer all of the business of Standard Chartered s locally incorporated subsidiary to the Jersey Branch of its parent company, Standard Chartered Bank....we provide all required property support in connection with corporate reorganisations... 7

8 KEY CONTACTS Tim Hart Partner Global Group Head Property +44 (0) Tim Hart is the Global Group Head of the Property department. He qualified in 1996 and became a partner in Tim s experience covers all aspects of Jersey-based commercial property work. This includes property development, commercial leases, acquisitions and disposals, secured lending, corporate transactions and general property law advice. Described by Legal 500 as being at the top of his game. Chambers Europe described him as extremely capable and a pleasure to work with. John Bisson Consultant Property +44 (0) jbisson@applebyglobal.com John Bisson is a consultant in the Property department in Jersey. He joined Appleby in 1971, and became a partner when he qualified as a Jersey Solicitor in In April 2013 he became a consultant. He is a former Chairman of the Executive Board and Group General Counsel. John specialises in commercial and residential property development and has advised on many major and innovative commercial property developments in Jersey. He is widely acknowledged as the leading commercial property practitioner in the Island. Andrew Pim Consultant Property +44 (0) apim@applebyglobal.com Andrew Pim is a consultant in the Property department in Jersey. He became a partner in 1998 and moved to a consultancy role in Andrew specialises in commercial property development, acting for some of Jersey s leading developers. He advises on commercial property issues generally, together with residential property transactions and other private client matters for high net worth individuals, such as drafting wills, probate administration and estate planning. Well regarded by Legal 500 and named as a Leader in his Field by Chambers Europe. David Le Brocq Conveyancing Manager Property +44 (0) dlebrocq@applebyglobal.com David Le Brocq is a conveyancing manager in the Property department in Jersey, with over 20 years experience. David deals with all facets of Jersey-based commercial property work. This includes both residential and commercial property development, commercial leases, all types of disposals and acquisitions, secured corporate lending and other corporate transactions together with general advice on Jersey property law. He has represented individuals, property developers, commercial and other organisations and financial institutions on residential and commercial property transactions and associated financing. applebyglobal.com Appleby Global Group Services Limited 2016 PD19