On 6 June 2016, Ogier published an article about the GFSC's
interventionist powers and the Royal Court's approach following
the decision in In the matter of Global Mutual Fund PCC Ltd (In
Administration) & Ors . A link to that article can
be found here.
In terms, the Court held it had power to override legislative
provisions contained in other Bailiwick Laws (i.e. in this case,
the Companies (Guernsey) Law 2008) in exceptional circumstances
where there were risks to investors. This was to ensure the
protection of the reputation of the Bailiwick of Guernsey as a
place to do business. The result in the Global
Mutual case was that one cell of a Protected Cell Company
("PCC") could be ordered to pay the liabilities of
The decision was surprising locally, since one of the specific
purposes of a PCC is to ensure that other cells are protected in
the event that another cell is compromised.
Since the Global Mutual decision, the States of
Guernsey have drafted and approved an ordinance1 which
ensures that where the Court is exercising its powers to protect
investors2, that is always subject to the provisions in
the Companies Law in respect of PCCs such that one cell will not be
ordered to pay the liabilities of another.
Although it was anticipated that the Global Mutual
decision was exceptional, such that there were unlikely to be many,
if any, future decisions where one cell would be ordered to meet
the liabilities of another, the Amendment Ordinance removes any
For further information, please contact Mathew Newman, Partner,
Ogier dispute resolution team
1 The Protection of Investors (Administration and
Intervention)(Bailiwick of Guernsey)(Amendment) Ordinance 2016
which came into force on 25 July 2016
2 Under the Protection of Investors (Administration and
Intervention)(Bailiwick of Guernsey) Ordinance 2008
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
Now that the United Kingdom has served notice to leave the European Union under Article 50 of the Lisbon Treaty, managers of offshore funds have a clearer timetable for when Brexit will happen, with the UK scheduled to leave the EU in March 2019.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).