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Duties of Directors of Guernsey Companies
2023-01-25

In the current economic environment, directors will be fully focussed on avoiding any breach of their fiduciary duties, particularly if they are directors of companies experiencing or at risk of financial distress.

This client briefing provides a general overview of the duties of directors of Guernsey companies in these circumstances and is not comprehensive. We recommend that clients obtain specific legal advice in relation to any individual matter which may concern them.

Who are the Directors?

Filed under:
Guernsey, Company & Commercial, Insolvency & Restructuring, Litigation, Ogier, Liquidation, Insolvency, UK Supreme Court
Authors:
Paul Chanter
Location:
Guernsey
Firm:
Ogier
View Original Article
UPDATED: Emergency legislation and measures around the world (COVID-19)
2020-07-20

UPDATED 3 AUGUST 2020

Updates marked with *

Updated: Ireland, Israel

We take a look at some of the recent emergency legislation and measures implemented by various nations around the world in response to COVID-19. As this is a rapidly developing crisis, please ensure you keep a close eye on the Lexology Coronavirus hub page for the most up-to-date information.

Filed under:
Argentina, Australia, Brazil, Canada, Chile, China, Colombia, European Union, France, Germany, Global, Guernsey, Hong Kong, Hungary, India, Indonesia, Ireland, Israel, Italy, Netherlands, New Zealand, Portugal, Russia, Singapore, Slovakia, Spain, Sweden, Switzerland, Thailand, Turkey, Ukraine, United Arab Emirates, United Kingdom, USA, Company & Commercial, Employment & Labor, Healthcare & Life Sciences, Insolvency & Restructuring, Insurance, Leisure & Tourism, Public, Tax, Coronavirus, Coronavirus compliance, European Commission, HM Revenue and Customs (UK)
Location:
Argentina, Australia, Brazil, Canada, Chile, China, Colombia, European Union, France, Germany, Global, Guernsey, Hong Kong, Hungary, India, Indonesia, Ireland, Israel, Italy, Netherlands, New Zealand, Portugal, Russia, Singapore, Slovakia, Spain, Sweden, Switzerland, Thailand, Turkey, Ukraine, United Arab Emirates, United Kingdom, USA
View Original Article
Directors’ Duties in the Zone of Insolvency: The Offshore Impact of Sequana
2022-11-01

After much anticipation, the UK Supreme Court has handed down its judgment in BTI 2014 LLC v Sequana S.A. [2022] UKSC 25 - and has authoritatively set the baseline for how directors’ duties evolve as regards shareholders and creditors’ interests when a company is in the zone of insolvency.

Background

Filed under:
Bermuda, British Virgin Islands, Cayman Islands, Guernsey, Ireland, Jersey, United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Walkers, Insolvency, UK Supreme Court
Authors:
Kevin Taylor , Rosalind Nicholson , Luke Petith , Adam Cole , Colette Wilkins , Richard Holden , John O'Driscoll , Adam Hinks
Location:
Bermuda, British Virgin Islands, Cayman Islands, Guernsey, Ireland, Jersey, United Kingdom
Firm:
Walkers
View Original Article
Sequana and the creditor duty: an offshore perspective
2022-10-20

On 5 October 2022, the UK Supreme Court delivered its judgment in the case of BTI 2014 LLC v Sequana SA & Ors [2022] UKSC 25. This judgment arose from an appeal brought by BTI 2014 LLC against a decision of the English Court of Appeal in 2019.

Filed under:
Bermuda, British Virgin Islands, Cayman Islands, Guernsey, Jersey, Company & Commercial, Insolvency & Restructuring, Litigation, Insolvency
Location:
Bermuda, British Virgin Islands, Cayman Islands, Guernsey, Jersey
View Original Article
INSOL London 2022 - Global Perspectives on Insolvency, Restructuring & Dispute Resolution
2022-06-22

Global Perspectives on Insolvency, Restructuring & Dispute Resolution 

As primarily offshore lawyers, we speak on a daily basis with onshore counsel, banks, asset managers, trustees, corporates, insolvency practitioners and individuals around the world. Those conversations give our Global Insolvency & Dispute Resolution Practice Group a unique perspective on the different market trends and their regional impact in 2022.

Filed under:
British Virgin Islands, Cayman Islands, Global, Guernsey, Hong Kong, Ireland, Jersey, Singapore, United Arab Emirates, United Kingdom, Insolvency & Restructuring, White Collar Crime, Walkers, Supply chain, Coronavirus, Anti-money laundering
Authors:
Rosalind Nicholson , Matthew Goucke , Neil Lupton , Shelley White , Cate Barbour , Tom Pugh , William Greensmyth , Fraser Hern , John O'Driscoll , Andrew Chissick , Adam Hinks
Location:
British Virgin Islands, Cayman Islands, Global, Guernsey, Hong Kong, Ireland, Jersey, Singapore, United Arab Emirates, United Kingdom
Firm:
Walkers
View Original Article
Key Trends for 2022 - Insolvency & Dispute Resolution
2022-01-27

The impact of Covid-19 is clearly the big talking point for 2022, with several questions arising: will new variants emerge, what steps will governments take to limit the spread, and what impact will it have on industries? To date, enforcement actions, insolvencies and restructurings have been relatively light, but with new restructuring legislation reforms on the horizon, and creditors starting to ramp up speed to enforcement, it appears likely that there will be an increase in winding up and cross-border restructuring work.

Filed under:
Bermuda, British Virgin Islands, Cayman Islands, Guernsey, Ireland, Jersey, Insolvency & Restructuring, White Collar Crime, Walkers, Coronavirus, Anti-money laundering
Authors:
Kevin Taylor , Matthew Goucke , Adam Cole , William Greensmyth , Nigel Sanders
Location:
Bermuda, British Virgin Islands, Cayman Islands, Guernsey, Ireland, Jersey
Firm:
Walkers
View Original Article
Latitude: Ogier's restructuring and corporate recovery digest, March 2021
2021-03-12

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.

Filed under:
Cayman Islands, Guernsey, Insolvency & Restructuring, Litigation, Ogier, Private equity, Coronavirus
Authors:
Alex Horsbrugh-Porter , Mathew Newman , Michael Snape , Marc Kish , Sandie Lyne
Location:
Cayman Islands, Guernsey
Firm:
Ogier
View Original Article
Offshore security enforcement
2017-03-01

Offshore security enforcement Offshore security enforcement /3 Contents 4 Introduction 5 British Virgin Islands (BVI) 8 Cayman Islands 11 Isle of Man 14 Guernsey 18 Jersey 21 Luxembourg 24 Malta 27 Mauritius 30 About us 31 Key contacts Offshore security enforcement 4\ Introduction This briefing document summarises the key issues in enforcing security in the countries listed and is a general guide. Taylor Wessing does not have offices in the jurisdictions contained in this guide, but has called on the support of the firms acknowledged at the back.

Filed under:
British Virgin Islands, Cayman Islands, Guernsey, Isle of Man, Jersey, Luxembourg, Malta, United Kingdom, Capital Markets, Company & Commercial, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Taylor Wessing, UNCITRAL
Location:
British Virgin Islands, Cayman Islands, Guernsey, Isle of Man, Jersey, Luxembourg, Malta, Mauritius, United Kingdom
Firm:
Taylor Wessing
View Original Article
Restructuring and Corporate Recovery Jurisdiction Guide: Guernsey
2022-12-09

Domestic Procedures

Filed under:
Guernsey, Insolvency & Restructuring, Ogier, Insolvency
Authors:
Mathew Newman , Paul Chanter , Simon Davies , Alex Horsbrugh-Porter , Christopher Jones , Sandie Lyne
Location:
Guernsey
Firm:
Ogier
View Original Article
The latest in Guernsey Dispute Resolution - a Q&A with Simon Davies
2022-11-17

Are you witnessing an increasing trend towards any particular types of dispute?

Filed under:
Guernsey, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Ogier, Insolvency
Authors:
Simon Davies
Location:
Guernsey
Firm:
Ogier
View Original Article

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