Guernsey, Ogier updates

Private Client & Offshore Services

Contributed by Ogier
National risk assessment: implications for businesses
  • Guernsey
  • 09 July 2020

In January 2020 the Bailiwick published its national risk assessment (NRA), which identifies jurisdiction-wide and systemic risks to which its financial system is deemed particularly vulnerable. Individual specified businesses were initially given until the end of May 2020 to update their business risk assessments in light of the NRA, but some timeframes have been extended in response to the COVID-19 pandemic. This article examines the contents of the NRA and the implications for specified businesses in the Bailiwick.

Potential causes of action in relation to funds in financial difficulty
  • Guernsey
  • 02 July 2020

In these uncertain times, investors in investment funds are increasingly looking at options regarding their investment, including ways in which to redeem or recover it. However, if the fund in question is in financial difficulty, it may be harder for those investors to take action against the directors of the fund or recover their monies in full. This article looks at some of the ways in which investors in Guernsey funds which are in financial difficulty can assess the extent of that difficulty or recover their investment.

Company administration regime
  • Guernsey
  • 18 June 2020

The Companies Law provides for companies, protected cell companies, incorporated cell companies and cells thereof to be placed into administration and for an administrator to be appointed to manage their affairs while the administration order remains in force. In January 2020 an ordinance was passed, introducing various changes to insolvency law in relation to both administrations and liquidations. This article sets out the changes which affect new administrations.

COVID-19: government financial support for businesses
  • Guernsey
  • 11 June 2020

This article outlines the financial support available to businesses in Guernsey that have been adversely affected by measures introduced to manage the spread of COVID-19. Such support includes the payroll co-funding scheme, grants for small businesses and the self-employed, the Hardship Fund, deferrals of social security and tax on real property payments and government rent deferrals and renegotiations.

Executing wills during lockdown
  • Guernsey
  • 28 May 2020

The legal formalities for executing a will in Guernsey aim to prevent fraud and undue influence. A will must be in writing and it must be signed, or the signature must be acknowledged, by the testator in the presence of two or more witnesses who are present at the same time. The witnesses must then sign the will in the testator's presence. These requirements do not normally cause much of a problem but can become quite challenging in the context of COVID-19.

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