Administration in Guernsey during the Covid-19 crisis

As Guernsey companies, like their international counterparts, fight to manage the COVID-19 crisis with differing levels of state support, much has been reported about potential changes to the insolvency framework available to bolster survival measures.

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Bermuda’s approach to defective trustee appointments

The C Trust (the Trust) was established in 1965 for the benefit of the Family. The Trust’s terms provided that the protector held the power to appoint trustees. Certain beneficiaries (the Family), erroneously believing they had power to appoint trustees in place of the two protectors identified in the trust deed, invalidly sought to exercise the power. This led to a chain of invalid appointments over 20 years and had potentially significant consequences for the Trust’s administration.

Cayman Grand Court decision reinforces effective cooperation in cross-border disputes

In the current economic climate, there is a pressing need for cross-jurisdictional co-operation when it comes to the Courts’ involvement in restructuring and insolvency proceedings. An increasing number of Hong Kong companies are finding themselves in need of urgent assistance with restructuring and insolvency processes; this requires international co-operation where, as is often the case, such companies are incorporated in offshore jurisdictions.

The execution of documents in Jersey

The Jersey courts have now helpfully issued a direction regarding the execution of powers of attorney in light of the current coronavirus (COVID-19) restrictions in order to clarify whether it is possible for the formalities to be complied with where the power of attorney is witnessed by a person by video conference. Ordinary powers of […]

E-signatures are good in Guernsey

This memo summarizes the legal validity of electronic signatures (“e-signatures”) in Guernsey both generally and more specifically in relation to funds. In short, Guernsey encourages the commercial use of e-signatures and smart contracts. ELECTRONIC TRANSACTIONS LAW The commercial use of e-signatures in transactions is supported and provided for in the Electronic Transactions (Guernsey) Law, 2000, […]

Latest Briefings

How UK employers can deal with special circumstances of Covid-19

The coronavirus (COVID-19) has been declared a pandemic by the World Health Organization (WHO). As the virus continues to spread extensively, it poses significant challenge to businesses and raises various points of employment law for employers.

COVID-19 and investment protection

As the world grapples with COVID-19, we are seeing some of the most unprecedented State measures of our time. Measures causing severe financial damage to many businesses and industries. Where does that leave foreign investors? Will they be able to claim compensation?

Cayman Islands Employment Update

The first ever electronic meeting of the Cayman Islands Legislative Assembly on 23 April 2020 considered a number of pieces of legislation, largely in response to the COVID-19 emergency, that are likely to be of interest to local employers and employees. This note is intended to provide a brief overview of the key changes: some […]

Corona Crisis: Amendment of the obligation to file for insolvency in CEE

With the fourth law on COVID-19, the Austrian legislator has suspended the obligation of an overindebted debtor to file for insolvency until 30 June 2020, irrespective of the cause of the over-indebtedness. Some other countries in the CEE region have also adopted measures to combat the consequences of COVID-19 as detailed in the following overview…

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Defence barristers denounce SRA’s “flawed” Baker McKenzie case

Closing submissions continued in the case brought by the Solicitors’ Regulation Authority (SRA) against Baker McKenzie and three former members of the firm. Today, Tom Cassels’ defence barrister claimed that Bakers had “sought to distance itself” from an investigation into the alleged misconduct of London office head Gary Senior. This allegation was made by Fountain […]

hong kong

Osborne Clarke to exit Hong Kong with office closure

Osborne Clarke has become the latest international firm to withdraw from Hong Kong after five years operating in the Asia financial hub. Osborne Clarke’s Hong Kong office will be shut at the end of June. It currently has two partners, two associates, a trainee and three support staff. The firm said all members of the […]

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