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    Winding up foreign companies in Guernsey
    2022-12-16

    The Royal Court in Guernsey will soon be able to wind up foreign companies.

    Recent changes to Guernsey's insolvency regime will mean that, for the first time, foreign companies can be compulsorily wound up in Guernsey.

    Filed under:
    Guernsey, Company & Commercial, Insolvency & Restructuring, Mourant, Shareholder, Winding-up, Insolvency
    Authors:
    Abel Lyall , Iona Mitchell
    Location:
    Guernsey
    Firm:
    Mourant
    Changes to Guernsey's insolvency regime in force from 1 January 2023
    2022-12-09

    Long-awaited amendments to Guernsey's corporate insolvency legislation will come into force on 1 January 2023.

    Introduced by the Companies (Guernsey) Law, 2008 (Insolvency) (Amendment) Ordinance, 2020, the provisions are aimed at further improving and updating Guernsey's corporate insolvency regime. The amendments stem from a wide-ranging consultation finalised in 2017 and represent the most significant development of Guernsey's insolvency law since 2008.

    The amendments introduce a number of key changes to the law:

    Liquidation

    Filed under:
    Guernsey, Insolvency & Restructuring, Mourant, Liquidation, Insolvency
    Authors:
    Abel Lyall , Iona Mitchell
    Location:
    Guernsey
    Firm:
    Mourant
    The continuing tension between arbitration agreements and liquidation proceedings
    2022-12-05

    Two decisions handed down on the same day – one by the Eastern Caribbean Court of Appeal and the other by the Commercial Division of the High Court – illustrate the approach of British Virgin Islands Courts to applications to appoint liquidators in circumstances where the subject matter of a dispute as to the existence of a debt falls within the scope of an arbitration agreement.

    Introduction

    Filed under:
    British Virgin Islands, Arbitration & ADR, Insolvency & Restructuring, Litigation, Mourant, Liquidation, Articles of association, Insolvency, UNCITRAL
    Authors:
    Eleanor Morgan , Jennifer Jenkins , Justine Lau , Michael Popkin , Shane Donovan , Ursula Lawrence-Archer
    Location:
    British Virgin Islands
    Firm:
    Mourant
    Disqualification order granted against Jersey company director
    2022-12-05

    In the recent judgement of In the matter of SPARC Group Limited (en désastre) [2022] JRC 194 (SPARC Group), the Royal Court of Jersey considered the appropriate test for the making of a disqualification order against a director, with the stark nature of the facts justifying a lengthy term of disqualification.

    Background 

    The application for a disqualification order was made by the Viscount, in respect of Andrew Jeremy Mills (Mr Mills), who was the sole director of SPARC Group Limited (the Company), a property development business. 

    Filed under:
    Jersey, Company & Commercial, Insolvency & Restructuring, Litigation, White Collar Crime, Mourant, Bankruptcy, Insolvency
    Authors:
    Katie Hooper , Viraj Kotedia
    Location:
    Jersey
    Firm:
    Mourant
    Summary winding up under the Companies (Jersey) Law 1991
    2022-11-24

    A summary winding up is the procedure used to wind up a solvent Jersey company under the Companies (Jersey) Law 1991 (the 1991 Law). 

     

    This guide examines the procedure for carrying out a summary winding up. 

    Steps

    The steps necessary to carry out a summary winding up are as follows:

    Filed under:
    Global, Jersey, Company & Commercial, Insolvency & Restructuring, Mourant, Articles of association
    Authors:
    Gareth Rigby , Mark Chambers , Robert Hickling
    Location:
    Global, Jersey
    Firm:
    Mourant
    Insolvent trusts: the order of priority is……
    2022-10-27

    In one of the most important trust decisions of recent years, which was handed down on Thursday 13 October 2022, the Judicial Committee of the Privy Council (the JCPC) held that the rights of indemnity of successive trustees against the assets of an insolvent trust fund (ie a trust fund that is unable to meet those liabilities) rank pari passu and not on a first in time basis.

    Filed under:
    Jersey, Insolvency & Restructuring, Litigation, Non-profit Organizations, Mourant, Insolvency, Trustee
    Authors:
    Jeremy Wessels , Justin Harvey-Hills
    Location:
    Jersey
    Firm:
    Mourant
    Insolvency claims in Guernsey
    2022-10-04

    mourant.com 2021934/84654107/1 GUIDE Insolvency claims in Guernsey Last reviewed: September 2022 Contents Introduction 2 Misfeasance / breach of statutory duty 2 Wrongful trading 2 Fraudulent trading 3 Preferences 3 Transactions at undervalue 4 Extortionate credit transactions 4 Director disqualification 4 Relief from sanctions 5 Contacts 5 2 mourant.com 2021934/84654107/1 Introduction When a company enters into a formal insolvency process, the office holder will conduct an examination into the affairs of the company.

    Filed under:
    Guernsey, Insolvency & Restructuring, Mourant, Insolvency
    Location:
    Guernsey
    Firm:
    Mourant
    Recognition of Foreign Insolvencies in Guernsey
    2022-09-27

    Foreign insolvency proceedings (including those ordered by the UK courts) have no direct operation in Guernsey. Therefore foreign insolvency office holders looking to take steps in Guernsey, such a collecting in assets or compelling the production of information from third parties, will need to first be recognised under Guernsey law before steps can be taken in this jurisdiction.

    Guernsey has not introduced legislation based on the UNCITRAL model law on cross-border insolvency. It is also not (and was not prior to Brexit) subject to the Recast Insolvency Regulations.

    Filed under:
    Guernsey, Insolvency & Restructuring, Litigation, Mourant, Insolvency
    Authors:
    Abel Lyall , Christa Feltham
    Location:
    Guernsey
    Firm:
    Mourant
    The Solvency Test
    2022-09-20

    BVI | CAYMAN ISLANDS | GUERNSEY | HONG KONG | JERSEY | LONDON mourant.com 2021934/84489769/1 GUIDE The Solvency Test Last reviewed: September 2022 Contents Introduction 2 The Solvency Test 2 Background 2 Statutory definition 2 The cash flow test 2 The balance sheet test 2 Factors to consider 2 When is the solvency test considered important?

    Filed under:
    Guernsey, Insolvency & Restructuring, Mourant, Corporate governance
    Location:
    Guernsey
    Firm:
    Mourant
    Cayman Court considers the Berkeley Applegate principle and clarifies grounds for refusing a liquidator's costs
    2022-09-01

    A recent decision of the Cayman Islands Grand Court is an important reminder that a liquidator's costs claimed from trust assets must be proportionate and reasonable, and will be refused on certain grounds.

    Background

    Filed under:
    Cayman Islands, Insolvency & Restructuring, Litigation, Mourant
    Authors:
    Christopher Harlowe , Hector Robinson KC , Laurence Aiolfi
    Location:
    Cayman Islands
    Firm:
    Mourant

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