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From 1 March 2012 the Rules of The Royal Court in Jersey
regarding bodies corporate being represented by its Directors in
respect of Court proceedings are changing.
If a body corporate wishes to appear by a Director then it is
incumbent on the body corporate to make an early decision as to who
is best placed to represent its interests, to ensure that the
Director is duly appointed and to make sure that if they are
unavailable for any hearing that leave of the Court is sought in
good time to appoint an alternative.
Within 7 days of the first hearing of the matter the body
corporate must file with the Court and send to all parties involved
in the action
a declaration of the name of the Director and, if different
from the address for service of the body corporate, the
Director's address, and
a copy of the resolution or other instrument of the body
corporate by which the Director is so authorized.
Failure to do so could result in the Court staying or even
striking out a claim brought by the body corporate or giving
judgment against it.
Only the named Director may appear at any hearing without leave
of the Court being given, although applications to change the name
of the appointed Director may be made to the Court given sufficient
notice.
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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Confidentiality of corporate documents and information is one of
the key attractions of incorporating a company in the BVI. A
company search of the BVI Registrar of Corporate Affairs will only
disclose certain information and documents.
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