ARTICLE
14 October 2014

Company Law In The Channel Islands: A Comparative Note

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Collas Crill

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Collas Crill is an offshore law firm with offices in Bermuda, BVI, Cayman, Guernsey, Jersey and London. We deliver a comprehensive range of legal services to clients across banking and finance, corporate, dispute resolution, funds, insolvency and restructuring, private client and trusts, real estate and regulatory. Our clients include some of the world’s leading international businesses, trusts and funds, and high-net-worth individuals and families across the globe. We continue to build a network of independent and trusted partners around the world including the Caribbean, the Channel Islands, the UK, Europe, the Americas and MENA.
Both the Bailiwick of Guernsey and Bailiwick of Jersey are British Crown Dependencies and do not form part of England, the UK or the EU.
Guernsey Corporate/Commercial Law
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GUERNSEY JERSEY
GENERAL
Basis of legal system Common Law
Jurisdiction Both the Bailiwick of Guernsey and Bailiwick of Jersey are British Crown Dependencies and do not form part of England, the UK or the EU. Each Bailiwick is self-governing and responsible for its own laws (subject to approval, in certain circumstances, by the Privy Council in London)
Principal law The Companies (Guernsey) Law, 2008 Companies (Jersey) Law 1991
Company type
  • Limited by shares
  • Limited by guarantee
  • Mixed liability
  • Unlimited liability
  • Protected cell company (PCC)
  • Incorporated cell company (ICC)
  • Limited by shares (public / private, par value / no par value)
  • Limited by guarantee
  • Unlimited liability
  • Limited life companies
  • PCC
  • ICC
Companies registry Guernsey Registry Companies Registry, Jersey Financial Services Commission (JFSC)
INCORPORATION AND ANNUAL FILINGS
Timing and cost
  • Standard (24 hours): £100
  • Rapid (2 hours): £350
  • Special (15 minutes): £750
  • Incorporated cell registration (24 hr): £100
  • Standard (1 - 2 days): £200
  • Fast (4 hours): £400
  • Cell registration / recognition (1 - 2 days): No fee
Government regulatory consents None Control of Borrowing consent before issuance of shares on incorporation and, in certain circumstances, for any transfer and further issuance of shares
Constitutional documents Memorandum and articles of incorporation Memorandum and articles of association
Permitted objects Unrestricted, unless otherwise provided by law or its memorandum
Minimum shareholders One One (private) or Two (public)
Annual filing (cost) Annual validation (Non-regulated: £250, Financial product companies: £500, PCC / ICC: £750 + £10 per PC / £100 per IC) NB: No requirement to disclose members Annual return (£150 + £150 per cell of PCC/ ICC) NB: Must disclose details of members holding > 1% of shares

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