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    Guidance for insolvency practitioners - temporary insolvency scheme
    2011-07-05

    On 28 March 2011 the Social Security Department issued guidance for Insolvency Practitioners on the Temporary Insolvency Scheme. The Temporary Insolvency Scheme was set up in 2009, in the wake of well-publicised insolvencies such as that of Woolworths Plc.  

    The guidance states:

    Filed under:
    Jersey, Employment & Labor, Insolvency & Restructuring, Bedell Cristin, Public limited company, Best practice
    Location:
    Jersey
    Firm:
    Bedell Cristin
    Putting Jersey companies into English administration
    2010-02-02

    A Jersey company or one of its creditors may wish the company to be placed into administration in England under Schedule B1 of the UK's Insolvency Act 1986 (the "Act").

    Filed under:
    Jersey, United Kingdom, Insolvency & Restructuring, Bedell Cristin, Debtor, Commercial property, Limited partnership, Liquidation, Commercial mortgage-backed security, Unit trust, Insolvency Act 1986 (UK), Courts of Jersey
    Authors:
    Anthony Dessain , Alasdair Hunter , Mark Taylor , Mark Dunlop , Robert Gardner , Edward Drummond
    Location:
    Jersey, United Kingdom
    Firm:
    Bedell Cristin
    Recognition of overseas insolvency practitioners in Jersey
    2010-02-08

    The Royal Court of Jersey can receive requests from outside Jersey by courts prescribed under the Bankruptcy (Désastre) (Jersey) Law 1990 or based on principles of comity. Such requests may involve a Jersey company or any other company with assets or information situated in Jersey. Insolvency practitioners appointed under a law or by a court outside Jersey will have no authority, as a matter of Jersey law, to act in Jersey. It is normal, therefore, for an application to be made for recognition of the appointment of such practitioners and to authorise them to exercise powers in Jersey.

    Filed under:
    Jersey, Insolvency & Restructuring, Bedell Cristin, Bankruptcy, Comity, Courts of Jersey
    Authors:
    Anthony Dessain , Robert Gardner , Edward Drummond
    Location:
    Jersey
    Firm:
    Bedell Cristin
    Insolvency payments scheme proposed
    2010-02-25

    The States of Jersey published a White Paper on a proposed statutory insolvency payments scheme (the "Scheme") on 3 December 2009, with a closing date for consultation responses of Friday 5 February 2010.

    The White Paper states:

    Filed under:
    Jersey, Employment & Labor, Insolvency & Restructuring, Bedell Cristin, Wage, Security (finance), Public consultations, Margin (finance), State-owned enterprise
    Authors:
    Zillah Howard
    Location:
    Jersey
    Firm:
    Bedell Cristin
    Depositor compensation scheme established
    2010-02-25

    The Banking Business (Depositors Compensation) (Jersey) Regulations 2009 came into force on 6 November 2009, establishing a compensation scheme providing individual depositors with protection of up to £50,000 per person, per Jersey banking group, in the event of the bankruptcy of a Jersey bank.

    Filed under:
    Jersey, Banking, Insolvency & Restructuring, Bedell Cristin, Bankruptcy
    Authors:
    Zillah Howard
    Location:
    Jersey
    Firm:
    Bedell Cristin
    Jersey corporate cross border insolvent reconstruction and moratorium procedures
    2010-02-25

    The liquidity crisis has increased the need for creative procedures to avoid sudden death bankruptcy in order to salvage existing value.

    A Jersey company or a company incorporated elsewhere but administered in Jersey may become involved in insolvency procedures under Jersey law or the law of a jurisdiction outside Jersey.

    Filed under:
    Jersey, Insolvency & Restructuring, Bedell Cristin, Bankruptcy, Shareholder, Debtor, Ex parte, Liquidation, Moratorium, Liquidator (law), UNCITRAL
    Authors:
    Anthony Dessain , Robert Gardner , Edward Drummond
    Location:
    Jersey
    Firm:
    Bedell Cristin
    In the matter of Centurion Management Services Limited [2009] JRC 227
    2010-03-05

    Winding up a Jersey trust company on just and equitable grounds

    Filed under:
    Jersey, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Bedell Cristin, Fiduciary, Board of directors, Option (finance), Liquidation, Economic development, Balance sheet, Cashflow, Liquidator (law)
    Location:
    Jersey
    Firm:
    Bedell Cristin
    Scheme of arrangement/reduction of capital
    2010-04-21

    In the matter of a Representation by Computer Patent Annuities Holdings Limited and in the matter of Part 18A of the Companies (Jersey) Law 1991 [2010]JRC021

    Introduction

    This case, heard by the Royal Court in Jersey, involved the approval of a scheme of arrangement pursuant to Article 125 of the Companies (Jersey) Law 1991 (the "Companies Law"), together with the confirmation of a reduction of share capital.

    Background

    Filed under:
    Jersey, Company & Commercial, Insolvency & Restructuring, Litigation, Bedell Cristin, Shareholder, Waiver, Consideration, Good faith, Preferred stock, Coercion
    Location:
    Jersey
    Firm:
    Bedell Cristin
    Winding up on just and equitable grounds
    2010-04-21

    In the matter of Centurion Management Services Limited and Article 155 of the Companies (Jersey) Law 1991 [2009]JRC227

    Introduction

    This judgment of the Royal Court in Jersey illustrates circumstances in which the court has been prepared to exercise its jurisdiction to order that a company be wound up on the grounds that it is just and equitable so to do.

    Filed under:
    Jersey, Insolvency & Restructuring, Litigation, Bedell Cristin, Regulatory compliance, Bankruptcy, Fiduciary, Option (finance), Consideration, Consent, Liquidation, Balance sheet, Cashflow, Liquidator (law), Misappropriation, European Commission
    Location:
    Jersey
    Firm:
    Bedell Cristin
    Latest news on the Insolvency Payments Scheme
    2010-05-14

    A temporary Scheme was introduced in March 2009

    The purpose of the temporary Scheme is to ensure that former employees of insolvent businesses receive a reasonable amount of compensation promptly, where they are owed money by their former employers.  

    In a White Paper published on 03 December 2009 the States proposed to introduce a permanent Scheme. The deadline for respondents to submit their views was Friday 05 February 2010

    Filed under:
    Jersey, Employment & Labor, Insolvency & Restructuring, Bedell Cristin
    Authors:
    Vicky Milner
    Location:
    Jersey
    Firm:
    Bedell Cristin

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