Just And Equitable Winding Up In Jersey: A Flexible Friend?

W
Walkers

Contributor

Walkers is a leading international law firm which advises on the laws of Bermuda, the British Virgin Islands, the Cayman Islands, Guernsey, Ireland and Jersey. From our 10 offices, we provide legal, corporate and fiduciary services to global corporations, financial institutions, capital markets participants and investment fund managers.
The insolvency regime in Jersey is an interesting mix of English law and Norman customary law influences.
Jersey Insolvency/Bankruptcy/Re-Structuring
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The insolvency regime in Jersey is an interesting mix of English law and Norman customary law influences. Jersey has four principal methods of winding up a
company:

  1. Summary winding up;
  2. Creditors winding up;
  3. Just and equitable winding up; and
  4. Désastre

Whilst there are limitations to the insolvency options available in Jersey, for example the absence of an administration process, the Royal Court has shown itself to be willing to take a pragmatic approach when
dealing with corporate insolvencies to enable the best possible outcomes for creditors.

The two areas in which the Royal Court has most frequently shown its willingness to assist creditors are (i) in relation to the recognition of foreign officeholders and (ii) the use of the just and equitable winding
up regime. This article however focuses on the use of just and equitable winding up in Jersey and the flexible approach the Royal Court has adopted to this regime.

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This article first appeared in Volume 16, Issue 3 of International Corporate Rescue and is reprinted with the permission of Chase Cambria Publishing - www.chasecambria.com

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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