Strike off is the procedure of removing a company from the Register of Companies (the Register) following which the company will cease to exist.

Under the Companies (Guernsey) Law, 2008 (the Companies Law), a company may be struck off in one of three situations:

1. if the company is defunct;
2. if the company is defaulting; or
3. if the company itself applies to be voluntarily struck off.

Strike off by the Registrar of Companies

The Registrar of Companies (the Registrar) has the power pursuant to the Companies (Guernsey) Law, 2008 (the Companies Law) to strike off companies which are either defunct or defaulting.

Introduction

Introduction

Introduction

Change of name

Choice of law

Introduction

On August 28, 2014, the Court of Appeals for the Third Circuit^[1] delivered a stern admonition about the risk of failing to appeal when it ruled that a union that had not filed a notice of appeal could not benefit from a successful appeal by another union in the same matter.

On June 17, 2014, a three-judge panel of the Third Circuit Court of Appeals¹ vacated a District Court’s dismissal order and resuscitated a bankruptcy appeal brought by a group of litigation creditors seeking recourse against the debtors post-confirmation.² The Third Circuit opinion is an important reminder to both debtors and creditors that the doctrine of “equitable mootness” has limits and that confirmation of a plan does not preclude review of post-confirmation actions inconsistent with obligations in the plan.

Introduction
Procedural background
Facts
Statute of limitations
Actual fraudulent conveyance
Settlement
Comment

Introduction
Background
Third Circuit's majority opinion
Dissent
Analysis
Successor claims as property of the estate