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05 August 2022 / Karen Stachura
Issue: 7990 / Categories: Features , International
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Off-shore focus: The Channel Islands (Pt 3)

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In the last of a three-part series by Collas Crill on Jersey and Guernsey law, Karen Stachura explores restructuring procedures in Jersey and Guernsey
  • Outlines corporate rescue and restructuring procedures in Jersey and Guernsey.

Jersey

Jersey does not have a corporate rescue process allowing a company to be restructured and trade out of financial difficulty, unlike other jurisdictions such as the UK administration.

The main options for a financially distressed Jersey company are largely found under the Companies (Jersey) Law 1991 (the CJL). These provisions are based on the UK’s Companies Act 1985 (the UK Act) and the Royal Court of Jersey (RCJ) has followed guidance from the English courts in relation to the UK Act when considering similar provisions under the CJL.

Scheme of arrangement

Part 18A of the CJL provides that a Jersey company can enter into a scheme of arrangement (SOA) with its creditors or shareholders. An SOA enables a Jersey company to reach a formal compromise or arrangement with its creditors or members

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MOVERS & SHAKERS

Haynes Boone—Jeremy Cross

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mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

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An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
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