Jersey: Directors and Officers

The UK Supreme Court's decision in Saxon Woods v Costa establishes that directors cannot justify covert, disloyal conduct by claiming they sincerely believed they were acting in the company's best interests. This analysis examines how the ruling clarifies section 172 of the Companies Act 2006 and explores its implications for directors of Jersey companies, where article 74(1)(a) of the Companies (Jersey) Law 1991 takes a different structural approach to the same fundamental duty.

Jersey is a popular place to establish companies because the Companies (Jersey) Law 1991 (the Law) is modern, flexible and modelled on English companies legislation. This guide looks at the key things you need to know about the payment of distributions by a Jersey company (a company that is not an open ended investment company).

Jersey is a popular place to establish an companies because the Companies (Jersey) Law 1991 (the Law) is modern, flexible and modelled on English companies legislation.

A Jersey Expert Fund is the jurisdiction's flagship regulated fund product. It is attractive for non-retail schemes, whether joint ventures, hedge funds, private equity vehicles or other schemes aimed at "Expert Investors".

Jersey introduced Cell Companies into its law in 2006.

Even though the powers of directors cease on the appointment of a liquidator, except where their continuance is sanctioned by either the liquidation committee or the liquidator...

Matters of law will certainly not always be black and white, however, the Courts have adopted a traditional approach when assessing matters of mismanagement or misconduct...

Jersey is a highly-rated jurisdiction in which to incorporate companies for a wide range of purposes, including investment funds, private equity, structured finance and securitisation transactions.

The Companies (Jersey) Law 1991 (the "Law") permits the creation of cell companies and sets out the legal requirements relating to cell companies in Jersey.