Specialist Legal Advice for Buying, Selling, and Managing Share Transfer Property in Jersey

Share transfer property is a uniquely Jersey form of property ownership, common in apartment blocks and managed developments. While it offers practical advantages, it also brings legal and corporate complexity that must be properly managed for a successful transaction.

Our Expertise

At BCR, our team advises buyers, sellers, developers, and managing agents on every aspect of share transfer property in Jersey, from acquisition and due diligence to sale, refinancing, and dispute resolution. We guide clients through the legal and corporate formalities with clarity and efficiency, ensuring all obligations are met and risks minimised.

Our Approach

Whether you’re a first-time buyer or an experienced investor, we help you navigate the process with confidence.

In a share transfer structure, you do not own the land or apartment directly. Instead:

• You purchase shares in a company that owns the property (usually a whole building).
• Those shares entitle you to occupy a specific unit or apartment under a linked occupancy agreement.
• You become a shareholder in the company and often take on voting rights or obligations relating to the building’s upkeep.

This model is commonly used in Jersey for flats, maisonettes, and managed apartment blocks, particularly where full flying freehold division is not practical or cost-effective.

We provide comprehensive support for the following:

The Share Transfer Purchase Process

We guide buyers through each stage of a share transfer purchase:

Initial Review and Due Diligence

Before proceeding, we:

• Review the Memorandum and Articles of Association of the company.
• Assess the occupancy agreement linked to the shares.
• Check the company’s financials and identify any liabilities or service charge arrears.
• Confirm the correct share allocation and link to the unit being purchased.
• Investigate whether there are any restrictions on transfer or resale.

We also review any company minutes, insurance documentation, and building maintenance records, often liaising with the managing agent or directors.

Negotiating the Purchase

Once terms are agreed with the seller, we:

• Draft or review the share transfer agreement.
• Advise on warranties and disclosures.
• Prepare stock transfer forms and shareholder registers.
• Ensure the buyer’s rights under the occupancy agreement are preserved.
• Liaise with the agent, mortgage lender (if applicable), and company secretary.

We keep the process moving while ensuring all corporate and property elements are aligned.

Completion and Registration

At completion, we:

• Arrange for the transfer of funds and shares.
• Update the shareholder register and share certificate.
• Lodge any required notices with the company secretary or directors.
• Deliver the occupancy agreement and keys.
• Advise on future responsibilities as a shareholder (e.g. AGMs, voting)

Where lenders are involved, we also handle their security documentation and liaise on any corporate compliance points.

Selling a Share Transfer Property

We assist sellers by:

• Reviewing the company constitution and occupancy agreement.
• Identifying and resolving any title or corporate irregularities.
• Preparing share certificates, resolutions, and pre-sale packs.
• Responding to buyer enquiries.
• Coordinating with agents, managers, and accountants.
• Ensuring a smooth handover of shares and occupation rights.

We also assist in dealing with service charge reconciliations, utilities, and tenant notifications (where sublets exist).

Common Legal Issues in Share Transfer Transactions

We ensure your share purchase or sale is fully compliant and protects your rights as an occupier and shareholder.

Company and Corporate Governance Advice

We also advise property companies, directors, and managing agents on:

• Updating Articles of Association.
• Shareholder resolutions and voting procedures.
• Director appointments and responsibilities.
• Service charge collection and budgeting.
• Dispute resolution and shareholder communications.
• Managing insurance, sinking funds, and capital works.

We provide clear, practical legal advice that balances legal compliance with the day-to-day realities of running a share transfer company.

Disputes and Remedies

Disagreements in share transfer properties often relate to:

• Service charge arrears.
• Maintenance standards.
• Access for repairs.
• Breach of occupancy conditions..
• Director/shareholder conflicts.

We work closely with our Dispute Resolution team to resolve these issues quickly and proportionately, through negotiation, mediation, or, where needed, Royal Court intervention.

Our Values in Action

Excellence: In our legal scrutiny, document drafting, and risk mitigation.
Delivery: In completing transactions efficiently and on time.
Respect: For the responsibilities of co-ownership and corporate governance.
Elegance: In demystifying legal complexity and maintaining professionalism.‍

Why BCR Law

At BCR, we simplify the legal and corporate complexities of share transfer property, guiding you through every stage with clarity and precision.

Whether you are buying, selling, or managing a unit, our expert team ensures your rights are protected and your obligations fully understood.