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  • Article

    The Planning Precedent Paradox

    Guernsey's 'plan-led' planning system contains inherent tensions. Public belief in the concept of 'planning precedent' – the expectation that similar applications should be determined on a consistent basis- is often confounded by the fact that the 2005 Planning Law provides wide scope for decision makers to exercise discretion in individual cases.
    GuernseyReal Estate and Construction
    Collas Crill
    Collas Crill
  • Article

    INSOL Europe Insights: Cryptoassets And Insolvency

    It's probably becoming a cliché to say that the future is already here, but it's hard to resist. New technology increasingly pervades every professional sector, including that of insolvency.
    GuernseyInsolvency/Bankruptcy/Re-Structuring
    Ogier
    Ogier
Article

The Solvency Test In Guernsey: Are You Sure Your Company Is Solvent?

The solvency test, found in section 527 of the Companies (Guernsey) Law 2008 as amended ("the Law"), is used to determine whether a Guernsey company is solvent.
GuernseyInsolvency/Bankruptcy/Re-Structuring
Ogier
Ogier
  • Article

    Blockchain In Cases Of Fraud And Corporate Insolvency

    With the emergence of innovative and disruptive technologies, an increasing number of financial services providers are adopting Distributed Ledger Techn
    GuernseyTechnology
    Guernsey Finance
    Guernsey Finance
  • Article

    Chambers Global Practice Guide 2021: Litigation

    As the world continues to adapt to the so-called "new normal" following the unprecedented challenges brought about by the COVID-19 pandemic, one key question that is being asked time and time...
    GuernseyCoronavirus (COVID-19)
    Walkers
    Walkers
  • Article

    Democracy Or Dictatorship – The Relevance Of Majority Creditor Views In Liquidators' Decision Making

    This article considers a judgment of the Royal Court of Guernsey in respect of a contested application by liquidators for a direction to bless their decision to enter into an agreement to sell assets of the company.
    GuernseyInsolvency/Bankruptcy/Re-Structuring
    Collas Crill
    Collas Crill
  • Article

    Fund Finance And Releases Of Investor Commitments: How Can Lenders Protect Themselves?

    Although the fund finance market has historically been, and continues to be, a particularly low-risk one for lenders
    GuernseyFinance and Banking
    Carey Olsen
    Carey Olsen
  • Article

    Insolvency In Guernsey: Enforcement And Recovery

    Understanding the Guernsey insolvency regime is essential for creditors, investors and advisers navigating enforcement and recovery in the Bailiwick.
    GuernseyInsolvency/Bankruptcy/Re-Structuring
    Collas Crill
    Collas Crill
  • Article

    The Zone Of Insolvency – A Guide For Directors In Guernsey

    Fallout from the global pandemic continues to throw light on the responsibilities of directors in times of financial distress.
    GuernseyInsolvency/Bankruptcy/Re-Structuring
    Carey Olsen
    Carey Olsen
  • Article

    Administration In Guernsey

    Guernsey companies, like their international counterparts, fight to manage the COVID-19 crisis with differing levels of state support.
    GuernseyCoronavirus (COVID-19)
    Carey Olsen
    Carey Olsen
  • Article

    Guernsey Insolvency Law Consultation - February 2016

    On 11 February 2016, the Guernsey Commerce and Employment Department published a consultation response document to set out the proposals the Department is going to take forward for the reform of Guernsey's personal and corporate insolvency laws (the Consultation Response).
    GuernseyInsolvency/Bankruptcy/Re-Structuring
    Carey Olsen
    Carey Olsen
  • Article

    Insolvency Overhaul Arrives: With More Powers Come More Responsibilities

    On 15 January 2020 the States of Guernsey approved the long-awaited final version of the Companies (Guernsey) Law, 2008 (Insolvency) (Amendment) Ordinance, 2020 (the Ordinance).
    GuernseyInsolvency/Bankruptcy/Re-Structuring
    Collas Crill
    Collas Crill
  • Article

    Guernsey Insolvency Update: Understanding And Managing A Director's Duties In Times Of Financial Distress

    2018 saw a number of high profile insolvencies around the world, including in Guernsey. The climate for many sectors remains extremely challenging with the UK further hindered ...
    GuernseyInsolvency/Bankruptcy/Re-Structuring
    Carey Olsen
    Carey Olsen
  • Article

    Insolvency Practitioner Guidelines Introduced In Guernsey

    In March 2017, the States of Guernsey approved the reform of Guernsey's insolvency laws, which afford greater protection to creditors and investors. The necessary legislative amendments are...
    GuernseyInsolvency/Bankruptcy/Re-Structuring
    Carey Olsen
    Carey Olsen
  • Article

    No Stone Unturned: Tools Of The Trade Available To The Asset Recovery Lawyer In Guernsey

    The Bailiwick of Guernsey has long been determined to avoid being labelled a "black hole" for ill-gotten gains to be secretly stashed away.
    GuernseyInsolvency/Bankruptcy/Re-Structuring
    Carey Olsen
    Carey Olsen
  • Article

    Make No Mistake

    It is now a little over 11 years since the UK Supreme Court (the Supreme Court) handed down its decision in the conjoined appeals in Pitt v Holt and Futter v Futter.
    GlobalTax
    Walkers
    Walkers
  • Article

    A Creditors' Guide To Guernsey Insolvency

    In this guide we hope to give our readers a refresher course on Guernsey's insolvency laws in the hope that they will be in a better equipped when one of their clients 'goes under'.
    GuernseyInsolvency/Bankruptcy/Re-Structuring
    Collas Crill
    Collas Crill
  • Article

    A Creditors' Guide To Guernsey Insolvency

    In this guide we hope to give our readers a refresher course on Guernsey's insolvency laws in the hope that they will be in a better equipped when one of their clients 'goes under'.
    GuernseyInsolvency/Bankruptcy/Re-Structuring
    Collas Crill
    Collas Crill
  • Article

    Restoring A Guernsey Company

    The Companies (Guernsey) Law, 2008 (the Law) has a procedure that allows a Guernsey company which has been dissolved to be restored to the Guernsey Company Register (the Register). This guide looks at the key things you need to know about restoring a dissolved company in Guernsey. This guide assumes that the company is an unregulated, non-cellular company limited by shares.
    GuernseyCorporate/Commercial Law
    Collas Crill
    Collas Crill
  • Article

    Guernsey Companies: Voluntary And Compulsory Winding Up

    This note does not cover striking off companies or the specific provisions on winding up of protected cell companies and incorporate cell companies.
    GuernseyCorporate/Commercial Law
    Carey Olsen
    Carey Olsen
  • Showing 101–120 of 130 results

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