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    Guernsey Companies: striking off and voluntary winding up
    2024-09-27

    This briefing note provides an outline of the different processes of voluntary winding up and striking off under the Companies (Guernsey) Law, 2008 (as amended) (the “Law”).

    Voluntary winding up

    Filed under:
    Guernsey, Company & Commercial, Insolvency & Restructuring, Carey Olsen
    Authors:
    Andrew Boyce , Tom Carey , Tim Corfield , Mark Dunster , Karen Le Cras , David Jones
    Location:
    Guernsey
    Firm:
    Carey Olsen
    Restructuring and Insolvency Jurisdiction Guide: Guernsey
    2024-02-26

    Filed under:
    Guernsey, Insolvency & Restructuring, Litigation, Ogier, Insolvency
    Authors:
    Mathew Newman , Paul Chanter , Alex Horsbrugh-Porter , Christopher Jones , Sandie Lyne
    Location:
    Guernsey
    Firm:
    Ogier
    Judgment on wrongful trading and trading misfeasance claims against BHS directors
    2024-07-04

    On 11 June 2024, the judgment of Re BHS Group Limited (In Liquidation) (BHS) was handed down by Leech J in the English High Court, bringing in key developments and clarifications on directors duties in the zone of insolvency.

    This is especially relevant in offshore jurisdictions such as Guernsey where English insolvency legislation is often replicated in local legislation. English common law remains highly persuasive in relation to directors duties and claims by liquidators against former directors are relatively common.

    Summary of claims

    Filed under:
    Guernsey, United Kingdom, Insolvency & Restructuring, Litigation, Ogier, Liquidation, Insolvency, Companies Act 2006 (UK), UK Supreme Court
    Authors:
    Margeaux Newman , Alex Horsbrugh-Porter
    Location:
    Guernsey, United Kingdom
    Firm:
    Ogier
    Landing the Eagle: Guernsey Royal Court confirms distribution of surplus funds to an indirect external creditor
    2023-06-16

    The Royal Court has recently handed down the final decision in the matter of Eagle Holdings Limited (in compulsory liquidation).[1] In this decision, the Royal Court of Guernsey provided guidance and assistance to the joint liquidators regarding a distribution of surplus funds.

    Filed under:
    Guernsey, Company & Commercial, Insolvency & Restructuring, Ogier, Liquidation, Barclays
    Authors:
    Sandie Lyne , Michael Rogers
    Location:
    Guernsey
    Firm:
    Ogier
    Employment law issues in Channel Islands insolvencies
    2023-05-23

    A recent English law case has highlighted an issue relevant to those involved in Channel Islands-related insolvencies – and particularly to insolvency practitioners ("IPs") who take on appointments as administrators – about the interplay between insolvency legislation and employment law.

    Filed under:
    Guernsey, Jersey, United Kingdom, Employment & Labor, Insolvency & Restructuring, Litigation, Walkers, Unfair dismissal, Insolvency, High Court of Justice (England & Wales), UK Supreme Court
    Authors:
    Sarah Brehaut , Adam Cole , Sarah Ash , Danielle Brouard , Richard Holden , Daniel Read
    Location:
    Guernsey, Jersey, United Kingdom
    Firm:
    Walkers
    Guernsey security enforcement and insolvency - fundamentals and trends
    2023-03-01

    Introduction

    It seems like a week hasn't passed recently without some new global macro shock hitting our screens, resulting in the economic rollercoaster ride on which we find ourselves.

    Filed under:
    Guernsey, Company & Commercial, Insolvency & Restructuring, Litigation, Mourant
    Authors:
    Abel Lyall , John Rochester , Hugo Meredith
    Location:
    Guernsey
    Firm:
    Mourant
    Guernsey funds legal and regulatory update
    2023-03-01

    An overview of Guernsey legislative and regulatory developments for the period 1 December 2022 to 28 February 2023 inclusive.

    1 Corporate insolvency regime – update

    The Companies (Guernsey) Law, 2008 (Insolvency) (Amendment) Ordinance, 2020 (the Amendment Ordinance) finally came into force on 1 January 2023.

    Filed under:
    Guernsey, Capital Markets, Company & Commercial, Insolvency & Restructuring, IT & Data Protection, Litigation, White Collar Crime, Mourant, Anti-money laundering, Confidential information, Suspicious activity reporting, European Court of Justice
    Authors:
    Darren Bacon , Frances Watson , James Cousins , Charlotte Brown , Gary Hall , Alasdair McKenzie , Annaliese McGeoch
    Location:
    Guernsey
    Firm:
    Mourant
    Administration orders in Guernsey
    2023-02-01

    Introduction

    This Guide explains the procedure for administration order proceedings in respect of Guernsey companies.

    Administration orders

    The purpose of administration orders

    Filed under:
    Guernsey, Insolvency & Restructuring, Mourant
    Authors:
    Abel Lyall , Iona Mitchell
    Location:
    Guernsey
    Firm:
    Mourant
    The Solvency Test
    2023-02-01

    This Guide sets out the background of the 'solvency test' and its relevance and applicability in Guernsey. The Solvency Test Background When the solvency test was introduced in July 2008 as part of the Companies (Guernsey) Law, 2008 (the Law), it represented a fundamental change to Guernsey's company law in relation to the maintenance of capital and solvency.

    Filed under:
    Guernsey, Company & Commercial, Insolvency & Restructuring, Litigation, Mourant, Corporate governance
    Location:
    Guernsey
    Firm:
    Mourant
    Insolvency procedures for Guernsey companies
    2023-02-01

    mourant.com 2021934/84097043/2 GUIDE Insolvency procedures for Guernsey companies Last reviewed: February 2023 Contents Introduction 2 Modern corporate insolvency proceedings 2 Administration 2 Liquidation 3 Voluntary liquidation 3 Compulsory liquidation 4 Scheme of arrangement 5 Statutory process 5 Three-stage mechanism 5 Approval and challenges 5 Receivership 5 The traditional procedures 6 Désastre 6 Saisie 6 Out-of-court restructurings and consensual workouts 7 Conclusion 7 Contacts 7 2 mourant.com 2021934/84097043/2 Introduction Guernsey law provides a number of ways to ensure an orderl

    Filed under:
    Guernsey, Company & Commercial, Insolvency & Restructuring, Mourant, Articles of association, Receivership
    Location:
    Guernsey
    Firm:
    Mourant

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