Law Bankruptcy / Insolvency

Jersey Insolvency and Asset Tracking 5th Edition

Edited by Anthony Dessain · Michael Wilkins
Key Haven Publications PLC September 2016

Specifications

ISBN-13
9781901614671
Publisher
Key Haven Publications PLC
Publication
September 2016
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

The authors of the above work have now produced a 5th Edition of this well-known text produced by specialists in the field of Jersey bankruptcy and insolvency and which has assisted courts, lawyers and financial professionals and practitioners in a variety of jurisdictions.

The 4th ed of the authors' work updated it to 31st December 2011 and a Supplement issued in Spring 2014 to 31st March 2014. Since that time the law has continued to evolve and be refined in various areas.

This edition provides an updated and expanded authoritative guide to new statutes and the latest cases on claiming assets and other relief, company winding up provisions and the unique insolvency procedures of désastre, dégrèvement, cession and remise de biens.

It also deals with the cross-border and international implications, with detailed commentaries on guarantees, reciprocal enforcement of judgments, insolvent trusts, saisies judiciaires, foundations and taking security.

This work provides the reader with an easily accessible and comprehensive analysis of related issues, containing detailed information while retaining a practical approach. It states the law and practice as at 30th June 2016.

Table of Contents

Preface to the Fifth Edition
Illustrations
Principal Abbreviations
Table of Jersey Cases
Table of Jersey Legislation
Table of English and Other Cases
Table of English Legislation
Human Rights Cases
Table of International Conventions
Glossary
PART 1: MAIN TEXT
Chapter 1: Introduction
Chapter 2: Asset Recovery and Claimants’ Rights Prior to and after Insolvency Procedures
Chapter 3: Officers’ and Directors’ Duties and Liabilities
Chapter 4: Piercing the Veil
Chapter 5: Bankruptcy
Section 1: Introduction
Section 2: Desastre
Section 3: Winding up of Jersey Companies
Section 4: Desastres and Winding up - Similarities and Differences
Section 5: Degrevement and Realisation
Section 6: Debtor Protection Procedures
Section 7: Finalising a Desastre or Winding Up
Section 8: Traditional and Statutory Partnerships
Section 9: Miscellaneous Enactments
Chapter 6: Cross Border Insolvency
Chapter 7: Human Rights
Chapter 8: Scrutiny of Jersey as an International Finance Centre ;
PART 2: COMMENTARIES ON THE TEXT
Commentary 1: Guarantees – Cautions (and Insolvency) ;
Commentary 2: Enforcement in Jersey of Foreign Judgments
Commentary 3: Special Situations: Foreign Taxation and Trusts and Estate Planning
Commentary 4: Company Winding Up
Commentary 5: Employment Law and Insolvency
Commentary 6: Applications under Article 49 of the Desastre Law – A Practitioners’ Guide
Commentary 7: Universality – A Broader Discussion
Commentary 8: Limited Liability Partnerships in Jersey
Commentary 9: Jersey Foundations
Commentary 10: Saisies Judiciaires
Commentary 11: Overview of the Security Interests (Jersey) Law 2012
PART 3: MISCELLANEOUS
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