An overview of Guernsey legislative and regulatory developments for the period 1 December 2022 to 28 February 2023 inclusive.
1 Corporate insolvency regime – update
The Companies (Guernsey) Law, 2008 (Insolvency) (Amendment) Ordinance, 2020 (the Amendment Ordinance) finally came into force on 1 January 2023.
Guernsey, Capital Markets, Company & Commercial, Insolvency & Restructuring, IT & Data Protection, Litigation, White Collar Crime, Mourant, Anti-money laundering, Confidential information, Suspicious activity reporting, European Court of Justice
In one of the most important trust decisions of recent years, which was handed down on Thursday 13 October 2022, the Judicial Committee of the Privy Council (the JCPC) held that the rights of indemnity of successive trustees against the assets of an insolvent trust fund (ie a trust fund that is unable to meet those liabilities) rank pari passu and not on a first in time basis.
Jersey, Insolvency & Restructuring, Litigation, Non-profit Organizations, Mourant, Insolvency, Trustee