key takeaways
Aquapoint LP v Fan [2025] UKPC 56
Introduction
What section 380A means for administrators
We recently achieved a significant milestone by obtaining permission from the Royal Court of Guernsey for Joint Administrators to make a distribution to unsecured creditors during an administration. This marks the first order granted under section 380A of the Companies (Guernsey) Law, 2008.
This article first appeared in Volume 22, Issue 6 of International Corporate Rescue.
Synopsis
KEY TAKEAWAYS
key takeaways
KEY TAKEAWAYS
- The application process and evidence required by the JFSC for a migration
- Consideration of a migration application by the JFSC
- Effects of granting a certificate of continuance and a migration overseas
The object of this guide is to provide clients of Walkers with information on the process involving the migration of companies to and from Jersey.
Migration to Jersey
Key takeaways
After depositors rushed to withdraw funds from Silicon Valley Bank (SVB), on Friday, March 10, 2023, the US bank was closed by the California Department of Financial Protection and Innovation (DFPI), and the Federal Deposit Insurance Corporation (FDIC) was named receiver of the closed bank.
Since 1988, the ‘rule in West Mercia’ – so named after the West Mercia Safetywear v Dodd Court of Appeal case – has been the leading authority for when directors of financially stressed companies are subject to the so-called ‘creditor duty’, namely the duty to consider the interests of the company’s creditors.