The Legal 500

The Bailiwick of Guernsey comprises the inhabited islands of Guernsey, Alderney, Sark, Herm, Jethou and Brecqhou. The islands are situated in the Bay of St. Malo, with their closest point being 8 miles (13 km) from the Cherbourg peninsula. The Bailiwick is in the same time zone as the United Kingdom.

This briefing note highlights the key issues that any employer should consider when considering dismissing an employee.

This briefing note provides an outline of the processes and requirements of a proposed migration of a company into Guernsey pursuant to The Companies (Guernsey) Law, 2008 (as amended) (the “Law”). Migration is the process which allows a company to move its place of incorporation into or out of Guernsey.

Part VII of the Companies (Guernsey) Law, 2008 as amended (the "Law") allows companies to migrate into and out of Guernsey (i.e. to or from the Guernsey Register of Companies (the "Register") to or from a jurisdiction with equivalent legislation.

The Guernsey Financial Services Commission ("GFSC") applies three criteria in determining whether or not an entity is a collective investment scheme or fund. These criteria are as follows:

On 1 July 2008, the Companies (Guernsey) Law, 2008 (the "Companies Law") came into force. This Briefing considers the impact of the Companies Law and identifies issues which have arisen during its first year of operation.

This Briefing provides a summary of the main provisions of Guernsey law relating to protected and incorporated cell companies. Guernsey was the first country in the world to introduce legislation permitting the formation of cell companies through the Protected Cell Companies Ordinance 1997. The concept of the incorporated cell company was introduced in Guernsey through the Incorporated Cell Companies Ordinance in 2006. Both of those ordinances have now been consolidated into the Companies (Guernsey) Law, 2008 (the "Companies Law").

The Island of Guernsey is 24 square miles in size with a population of 65,000. It is situated in the English Channel just off the north west coast of France, in the Bay of St Malo and just 75 miles south of Weymouth in England. It is governed by the States of Guernsey. The Channel Islands are divided into two Bailiwicks; Jersey and Guernsey (the latter of which also comprises the smaller islands of Alderney, Sark, Herm and Jethou).

The (Guernsey) Law, 2008 (the “Companies Law”) came into force on 1 July 2008 and contains provisions in relation to the nature, type, establishment and conduct of Guernsey incorporated companies (“Companies” or “Company” as the context requires), including limited liability companies (“Ltds”), companies limited by guarantee (“LBGs”), protected cell companies (“PCCs) protected cells (“PCells), incorporated cell companies (“ICCs”), incorporated cells (“ICells”), unlimited liability companies and mixed liability companies (“MLs”).

Guernsey is a self-governing dependency of the British Crown and does not form part of the United Kingdom. By constitutional convention established over some 900 years the Island has complete autonomy in all matters of internal government, including taxation. The legal system is derived in part from the customary laws of Normandy but has been strongly influenced by English law in trust, company and commercial matters and the Judicial Committee of the Privy Council remains the Island’s ultimate court of appeal.