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ARTICLE · 20 JANUARY 2020

Reforms To Guernsey's Insolvency Laws To Be Introduced

Carey Olsen
Carey Olsen
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Carey Olsen

Carey Olsen

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With the States of Guernsey's approval yesterday of the Companies (Guernsey) Law, 2008 (Insolvency) (Amendment) Ordinance, 2020 (the "Ordinance")

GuernseyInsolvency/Bankruptcy/Re-Structuring

With the States of Guernsey's approval yesterday of the Companies (Guernsey) Law, 2008 (Insolvency) (Amendment) Ordinance, 2020 (the "Ordinance"), Guernsey took a step towards further enhancing its reputation as a robust jurisdiction for restructuring and insolvency.

While the previous regime served its purpose, supported by Guernsey's adaptable and practical judicial system, the new Ordinance should be welcomed by businesses and practitioners alike when it comes into force likely in the first quarter of 2020. After an extensive period of scrutiny and consultation, it had been recognised that there were several areas in which Guernsey's insolvency laws needed reform, including:

  • The creation of a method to end an administration by dissolution. Until now, a liquidation has been needed if a company could not be rescued;

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