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Join IoD Jersey's Governance and Policy Lead to explore shifting director duties, personal liability, and post-Sequana risks in Jersey
When a company faces financial distress, the legal landscape for directors changes dramatically. The line between commercial risk-taking and a breach of duty blurs—and the risk of personal liability sharpens.
Join IoD Jersey's Governance and Policy Lead, and Litigation Partner at Mourant, Stephen Alexander for this essential webinar examining how directors' fiduciary and statutory duties evolve as solvency deteriorates, what the landmark Sequana decision means in practice, and how Jersey law applies these principles locally.
Key Discussion Points
- The Statutory & Customary Framework: Understanding directors’ duties under Article 74 of the Companies (Jersey) Law 1991, alongside customary law fiduciary obligations and the relevant insolvency provisions..
- The "Creditor Duty" Trigger: Why the creditor duty creates no new standalone duty, but fundamentally shifts whose interests the company represents as financial distress mounts.
- Post-Sequana Realities: What Sequana clarified about the creditor-interest duty, where uncertainty remains, and the practical implications for boards approaching insolvency.
- The Jersey Context: The Jersey Context: How the principles considered in Sequana interact with Jersey’s own statutory and customary law framework, and the important local nuances for directors and boards.
- Managing Personal Liability: How directors can continue to make robust commercial decisions as financial difficulties deepen, while protecting creditors’ interests and managing their own exposure..
Who Should Attend
- Executive and Non-Executive Directors
- Company Secretaries and In-House Legal Counsel
- Governance and Risk Professionals across Jersey businesses and financial services
