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ARTICLE · 14 OCTOBER 2014

The Company Administration Regime In Guernsey

Administration Orders are now a well established feature of the Guernsey insolvency framework and provide practitioners with a flexible means of assisting recoveries.

GuernseyInsolvency/Bankruptcy/Re-Structuring

Administration Orders are now a well established feature of the Guernsey insolvency framework and provide practitioners with a flexible means of assisting recoveries. Whilst the concept of such orders is a relatively new addition to Guernsey law their use has increased significantly as their benefits have become more apparent. The Guernsey regime is similar to equivalent jurisdictions with its purpose being to provide a breathing space in order to maximise realisations or provide the opportunity to restore a company's health.

However, there are significant differences to the regime from, say, that in England and Wales both as to its effect and process. This note provides a brief overview of the Guernsey regime and focuses upon recent developments demonstrating the flexible and creative nature of administrations in Guernsey. Indeed, the flexibility of the legislation coupled with the pragmatic approach of the Guernsey Courts has been key to driving their use.

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