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06 May 2022 / Simon Hurry
Issue: 7977 / Categories: Features , International , Insolvency
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Off-shore focus: The Channel Islands

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In the first of a three-part series on Jersey & Guernsey law, Simon Hurry provides an overview of insolvency in the Channel Islands & the options available

The two key pieces of legislation governing insolvency in Jersey are the Companies (Jersey) Law 1991 and the Bankruptcy (Désastre) (Jersey) Law 1990 (BDJL). The former is principally based on UK’s Companies Act 1985, the latter on Jersey’s ancient customary law.

A Jersey company is deemed insolvent if it is unable to pay its debts as they fall due: the ‘cash flow’ test. Unlike other jurisdictions, it is not necessary that the company’s liabilities exceed its assets. Jersey does not have a statutory rescue procedure such as administration, although a court-supervised ‘pre-pack’ sale of a company’s business is a potential option.

There are three procedures that may be used to wind up an insolvent company.

(1) A creditors’ winding up (CWU)

A CWU results in the appointment of an insolvency practitioner (IP) to administer the winding up for the benefit

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MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

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