4. PROYECTO DE INNOVACIÓN DOCENTE
4.3 MARCO TEÓRICO
| How to Respond 41 4.2.4 Rules (Page 19)
Question 19: Do you consider that the development of insolvency rules would be necessary and appropriate in the Guernsey context?
Question 20: Apart from the issues as indicated in 4.2.4, are there any other issues that ought to be dealt with through insolvency rules rather than in the primary legislation?
4.3 Creating an Official Receiver (Page 20)
Question 21: Have you had any experience in dealing with offices in other jurisdictions performing the functions of an “Official Receiver”? What was your experience and do you consider that the office was useful in managing insolvency
processes?
Question 22: Do you consider that the office of an “Official Receiver” is necessary in the Guernsey context? Please explain why you do or do not consider it necessary.
Question 23: Do you have any alternative proposals for funding an office of Official Receiver?
Please explain what options you consider are available for funding such an office.
Question 24: Are there any other functions which could be properly exercised by an Official Receiver? Please explain what those functions are.
4.4 Register of Insolvency Practitioners (Page 22)
Question 25: Do you consider that the registration and licensing of insolvency practitioners is necessary? If so please explain why and what benefit it might bring to Guernsey.
Should appointment as a liquidator be restricted to lawyers and accountants?
5 Corporate Insolvency – Changes to the Companies Law 5.2.1 Objectives (Page 23)
Question 26: Do you consider that objectives or statutory duties clauses are of value?
Question 27: What objectives do you consider appropriate for administration and liquidation?
5.2.2 Company Voluntary Arrangements (Page 24)
Question 28: Are the current arrangements and reconstruction provisions effective? How could they be improved?
Question 29: Would the introduction of a simple Company Voluntary Arrangement regime be beneficial?
5.2.3 Appointment of Administrator, etc (Page 25)
Question 30: Do you consider that it is appropriate for the directors of a company to be permitted to appoint an administrator without an order from the Court?
Question 31: If so, in what circumstances should an out of court appointment not be permitted?
Question 32: Do you agree that Administrators should be required to report findings or suspicions of misconduct to the relevant authorities so appropriate action can be taken?
Question 33: What other comments would you make on the process of placing a company into administration and are there other areas that could be improved?
| How to Respond 43 5.2.4 Creditor’s Committee Procedures in Administration (Page 26)
Question 34: How can the interests of creditors be best represented in an Administration?
Question 35: Do you believe it would be appropriate to require an administrator to call a meeting of the company’s creditors within a minimum period of time after his or her appointment and to permit the creditors to resolve to establish a creditors’
committee?
Question 36: If so, what obligations should there be on the Administrator to provide information to provide to the creditors’ committee as the administration progresses?
Question 37: What are the appropriate mechanisms for bringing an Administration to conclusion?
5.2.5 Powers of Administrators and Exit from Administration (Page 26)
Question 38: Do you agree that the power to make a distribution of the company’s assets and the ability to make a part payment of a debt should be express powers?
Question 39: Do you believe it is appropriate to allow an insolvent company in administration with no assets to distribute to move straight to dissolution and, if so, what procedural safeguards would be necessary?
Question 40: What additional powers ought to be granted to an administrator?
5.2.6 Voluntary Winding Up (Page 27)
Question 41: What has been your experience with the voluntary winding up process?
Question 42: Do you consider it necessary to insert greater protection of creditor interests into the existing regime?
Question 43: What other reforms could be usefully made to the voluntary winding up procedure?
5.2.7 Improving the Statutory Demand Procedure (Page 27)
Question 44: Do you consider that the amendments suggested in this section would be effective in improving the process of enforcing debts by companies?
Question 45: What other changes could be made to make the Statutory Demand process work more effectively?
5.2.8 Proof of Debt Procedure (Page 28)
Question 46: How should insolvency law go about establishing and ranking claims against an insolvent company?
Question 47: Are there any other issues which ought to be considered in any reform?
5.2.9 Statement of Affairs and Examination Powers (Page 29)
Question 48: What are your views on the ability of liquidators and administrators to access documents and information about the company?
Question 49: Have you any experience that you can share with the Department of acting as a liquidator or administrator which can assist the Department’s formulation of policy in this area?
Question 50: Do you agree with the proposals to grant liquidators and administrators greater powers to obtain information and documents about the Company in question?
Question 51: Are there any other areas where additional investigation powers could be of assistance in the efficient and orderly administration and liquidation of Guernsey companies?
5.2.10 Audited Accounts in a Liquidation (Page 30) Question 52: Do you agree with this proposal?
Question 53: Can you foresee any circumstances when a company that is being wound up should be required to produce audited accounts?
| How to Respond 45
5.2.11 Preferences and Antecedent Transactions (Page 30) 5.2.12 Disclaimer of onerous assets (Page 31)
5.2.13 Unclaimed Dividend Issues (Page 31)
Question 54: Do you agree with these proposals? If not, please explain why.
Question 55: Can you explain any other options for disclaiming onerous assets and otherwise managing any residual assets such as unclaimed dividends?
5.2.14 Registration of Fixed and Floating Charges (Page 32)
Question 56: What has been your experience in obtaining credit for your business?
Question 57: Do you consider that a system of registration for fixed and floating charges would be beneficial?
Question 58: If you do not consider that a system of registration of fixed and floating charges would be beneficial, please explain your reasons?
5.2.15 Other areas of potential reform (Page 33)
Question 59: What are your comments in general terms on the above areas of potential reform?
Question 60: Are there any other areas of the corporate insolvency regime which you consider would benefit from amendment?
5.3 Conclusion
Question 61: Do you have any other comments or information that you would like to make regarding any aspect of Guernsey’s insolvency regime?
Question 62: Are there any other areas of the insolvency law regime that require review, what are your recommendations on those particular issues?
Question 63: Do you have any further comments on suggestions on the topics raised in this discussion paper?