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Jersey’s New Administration Regime: Steps Towards a Rescue Culture?
Asad Khan, Associate (Finance & Corporate), Mourant Ozannes (Jersey) LLP, Jersey, Channel IslandsSynopsis
From June 2026, the Companies (Jersey) Law 1991 via a new Part 20B (the 'Jersey Law'), formally introduced administration to Jersey's corporate insolvency regime. This marks a significant shift in the jurisdiction's insolvency philosophy from value realisation to formal corporate rescue. The objective is to modernise Jersey's corporate law offerings in line with international trends and to help the island maintain its status as the offshore jurisdiction of choice.
Jersey's new administration regime is inspired by the English Insolvency Act 1986 (the 'IA 1986') but the Jersey Law does not simply repeat it. Rather, Jersey retains several features synonymous with the island's reputation as a creditor-first jurisdiction.
Administration under the IA 1986 is a debtor-friendly rescue procedure which does not explicitly align with Jersey's creditor-protectionist ideology. If this much is true, then how does Jersey balance introducing a rescue-oriented process without challenging the creditor friendly system it spent decades cultivating?
This article considers how Jersey integrates administration within its existing insolvency architecture.
It compares the English and Jersey regimes, examines the policy tension between rescue culture and creditor protection, and assesses the extent to which the new Jersey administration regime reflects continuity rather than transformation.
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