NOTICE is hereby given of an application to be made to the Royal Court at 10.00 am on Friday 4 November 2022 by the fidéicommissaires of L'EGLISE INDÉPENDANTE DE ST HÉLIER (the church property in Halkett Place currently occupied by the CHRISTIAN PORTUGUESE MISSION) and the property known as WEALDSTONE, La Rue De Maupertuis, St Clement, Jersey (fidéicommis created in accordance with the Loi (1862) sur les teneures en fidéicommis et l'incorporation d'associations as amended (the "Loi")) to approve amendments to the fidéicommis and to order as follows:
1. In accordance with Articles 3 and 10 of the Loi, to APPROVE the amendments to L'Eglise Indépendante de St Hélier Fidéicommis and to the Wealdstone Fidéicommis as follows:
i. THAT any requirement of L'Eglise Indépendante de St Hélier Fidéicommis and the Wealdstone Fidéicommis that vacancies among Fidéicommissaires always be filled by individuals from L'Eglise Indépendante de St Hélier ("seront incessamment remplies par les personnes de ladite église"), shall be replaced by the requirement that such vacancies be filled in future by individuals who are both evangelical Christians and resident in Jersey;
ii. THAT the proceeds derived from land and buildings held by the Fidéicommissaires of the L'Eglise Indépendante Fidéicommis and the Wealdstone Fidéicommis received by them and to be received in future, shall be able to be utilised to further the purposes of L'Eglise Indépendante de St Hélier, including for the acquisition, maintenance, restoration and development of such land and buildings;
iii. THAT upon cessation of the work of L'Eglise Indépendante de St Hélier and subject to the consent of the Court in accordance with Article 10 of the Loi, the land and buildings then held including for the avoidance of doubt Wealdstone, may be sold by the then remaining Fidéicommissaires and the net proceeds of such sale may be distributed -
a. for the benefit of any offspring work of L'Eglise Indépendante de St Hélier, including the work of Quennevais Evangelical Church or that church's own offspring work; and, failing such work,
b. for the benefit of such Christian evangelical work in Jersey or elsewhere bearing in mind the faithfulness of such work to the founding beliefs and principles which guided those who originally established L'Eglise Indépendante de St Hélier; and
c. that the decision that cessation of the work of L'Eglise Indépendante de St Hélier has come about shall be taken solely by the then remaining Fidéicommissaires at two properly convened meetings, with at least two weeks between such meetings, at both of which at least two-thirds of the Fidéicommissaires present support that decision;
iv. THAT the following provisions be included in the Wealdstone Fidéicommis and L’Eglise Indépendante de St Hélier Fidéicommis -
a) a fidéicommissaire may resign his or her office by notice in writing delivered to his or her co-fidéicommissaires. A resignation takes effect on the delivery of the notice. However, if a fidéicommissaire purports to resign, the effect of which would mean that there would be less than seven fidéicommissaires remaining, the resignation shall have no effect;
b) the fidéicommissaires for the time being shall have power to appoint new or additional fidéicommissaires who are both evangelical Christians and resident in Jersey;
c) the fidéicommissaires shall nominate and vote on a Chairman, Secretary and Treasurer and appoint such roles by majority vote of those fidéicommissaires present at the meeting called for that purpose;
d) general meetings of the fidéicommissaires shall be held at least once yearly and at any time upon the requisition of any fidéicommissaire subject to advance notice being given to all fidéicommissaires a minimum of 14 days prior to the meeting together with the time and venue details;
e) decisions shall be made based on a simple majority of those present provided a quorum of five fidéicommissaires is present save in the case of decisions made in accordance with paragraph iii c) above which require two-thirds of the fidéicommissaires present to pass the resolution.
2. THAT the following are the present Fidéicommissaires of both L'Eglise Indépendante de St Hélier Fidéicommis and the Wealdstone Fidéicommis -
MICHAEL GEORGE LE GRESLEY
CRAIG ROSS LE SUEUR
RICHARD MICHAEL LE GRESLEY
DEREK JOHN LE GRESLEY
JAMES MARTIN NAISH
GILBERTO JORGE JESUS PESTANA MEDEIROS
MÁRCIO DE JESUS PESTANA MEDEIROS
CARLOS FILIPE VARELA GONÇALVES
BRYAN IAN LE MARQUAND
DREW BERSON WALLER
3. THAT immediately following the grant of this order, the resignations of MICHAEL GEORGE LE GRESLEY and RICHARD MICHAEL LE GRESLEY shall take effect.
4. THAT the resulting Act of Court reflecting the above be registered in the Public Registry in accordance with the provisions of Article 3 of the Loi.
Fiona del Amo
Solicitor
Le Gallais & Luce
6 Hill Street
St Helier
Jersey
gov.je