Jersey Company Directors take note the Attorney General has issued guidance.
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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