Domestic procedures
Cross-border procedures
Creditors
Avoidance transactions
Contributions to the liquidation estate and liability of officers

This article answers key questions regarding restructuring and insolvency in Guernsey.

This article answers key questions regarding restructuring and insolvency in Guernsey.

Domestic procedures

Q4 2020 and Q1 2021 saw some significant developments in offshore restructuring, insolvency and corporate recovery, with the passage of new legislation and the handing down of judgments providing welcome clarification on laws relevant to practitioners in this area.

Editorial | CEE

Introduction
Solvency test
Standing and process
Purposes of administration
Effects of administration order
Administrator's duties and functions
Remuneration and swearing in of administrator

Introduction

Introduction

The Companies (Guernsey) Law, 2008 (“Companies Law”) provides for companies, protected cell companies (“PCCs”), incorporated cell companies (“ICCs”) and cells of PCCs and ICCs to be placed into administration and for an administrator to be appointed to manage that entity's affairs whilst the administration order remains in force.

Introduction

Introduction
Members' voluntary winding up
Power to demand documents and interview individuals
Power to disclaim
Transactions at undervalue and exorbitant credit transactions
Distributions to creditors, early dissolution and creditor meetings

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Introduction