Key Takeaways
- In Jersey, a director can be disqualified if their conduct makes them ‘unfit to be concerned in the management of a company’.
- Recent guidance and case law demonstrates a tougher approach to misconduct, poor governance and failures to cooperate with regulators or the Viscount or other officeholders.
- Strong record-keeping, financial controls and early action in distress scenarios are critical to reducing disqualification risk.
The risk of director disqualification in Jersey has become a material governance consideration for any company or organisation operating in the island. Enhanced regulatory expectations, a growing body of decisions of the Royal Court of Jersey (Royal Court), and the introduction of Director…