Challenging antecedent transactions in Guernsey
This article concerns the investigation of antecedent transactions during the course of the winding up of a company, with a focus on preferences given by companies and transactions at undervalue.
The prevailing theoretical view is that (with a few exceptions) all creditors must be treated equally. If there is any unfairness in any prior financial dealings which would reduce the asset pool available to other creditors then liquidators should have the power to investigate these offences and the Court, if necessary, should have the power to rectify or set aside these transactions.
The ability of office holders to unwind previous transactions entered into by the directors of a company is of crucial importance in augmenting the assets of the insolvent company. Unsurprisingly, Channel Islands’ legislation in relation to antecedent transactions is closely based on the UK 1986 Insolvency Act (the 86 Act). There are extensive provisions in the 86 Act which range from transactions at undervalue (section 238), preferences (section 239), extortionate credit transactions (section 244), and the avoidance of certain floating charges (section 245). There is also a parallel undervalue provision in section 423 of the 86 Act which has the added advantage of not requiring a company to be insolvent at the time of the transaction nor for the transaction to have taken place within a prescribed period. Guernsey has only incorporated a few of these provisions…
Click on the link below to read the rest of the Mourant Ozannes briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Mourant Ozannes
News from The Lawyer
Briefings from Mourant Ozannes
The recent English Court of Appeal ruling in Re Danka Business Systems plc considers how insolvency practitioners ought to deal with contingent claims.
This briefing provides an introduction to the factors that determine whether a Jersey insurance business transfer scheme is required and an outline of the procedure for the transfer of insurance business in Jersey.