Jersey Company Directors take note the Attorney General has issued guidance.
16/03/2023
On the 3 March 2023, The Attorney General of Jersey issued guidance regarding the circumstances which will lead him to bring an application to Court under Article 78 of the Companies (Jersey) Law 1991 (the “Law”).
Under Article 78 a person may be disqualified by the Court from acting as a director of a company registered under the Law.
The actual terms of Article 78(1) are in fact broader than simply disqualifying a person from being a director of a company, and the Court can also order that a person shall not be:-
- “…a director of or in any way whether directly or indirectly be concerned or take part in the management of a company”.
The guidance also makes it expressly clear that the application for such orders may be sought not only against:-
- Those who are ‘formally’ appointed as directors,
- But also, those who are “shadow directors” – persons occupying the position of director even if not called by that name, so those who are in practice carrying out the role of a director are expressly identified as also potentially being subject to an Article 78 application.
The guidance goes on to record that the test for an application under Article 78 is:-
- Whether a person’s conduct makes them unfit to be concerned in the management of a company, before then going on to set out a non-exhaustive list of factors which may trigger an application to the Court under that Article.
A link to the full guidance is attached: Attorney General guidance for directors.pdf (gov.je)
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As well as owning and publishing Comsure's copyrighted works, Comsure wishes to use the copyright-protected works of others. To do so, Comsure is applying for exemptions in the UK copyright law. There are certain very specific situations where Comsure is permitted to do so without seeking permission from the owner. These exemptions are in the copyright sections of the Copyright, Designs and Patents Act 1988 (as amended)[www.gov.UK/government/publications/copyright-acts-and-related-laws]. Many situations allow for Comsure to apply for exemptions. These include 1] Non-commercial research and private study, 2] Criticism, review and reporting of current events, 3] the copying of works in any medium as long as the use is to illustrate a point. 4] no posting is for commercial purposes [payment]. (for a full list of exemptions, please read here www.gov.uk/guidance/exceptions-to-copyright]. Concerning the exceptions, Comsure will acknowledge the work of the source author by providing a link to the source material. Comsure claims no ownership of non-Comsure content. The non-Comsure articles posted on the Comsure website are deemed important, relevant, and newsworthy to a Comsure audience (e.g. regulated financial services and professional firms [DNFSBs]). Comsure does not wish to take any credit for the publication, and the publication can be read in full in its original form if you click the articles link that always accompanies the news item. Also, Comsure does not seek any payment for highlighting these important articles. If you want any article removed, Comsure will automatically do so on a reasonable request if you email info@comsuregroup.com.