Dissolution of Jersey domiciled companies (FOI)

​Request

A

In the period 2010 to 2016, in respect of each calendar year, how many Jersey domiciled companies who had their dissolution declared void by applications made pursuant to Article 213 of the Companies (Jersey) Law 1991, had been struck off and dissolved by reason of a failure to respond to a notice from the Registrar of Companies that they had failed to file an Annual Return within the meaning of Article 71 of the Companies (Jersey) Law 1991?

B

In the period 2010 to 2016, in respect of each calendar year, how many Jersey domiciled companies who had their dissolution declared void by applications made pursuant to Article 213 of the Companies (Jersey) Law 1991, had been struck off and dissolved following a summary winding up process within the meaning of Chapter 2, Part 21 of the Companies (Jersey) Law 1991?

C

In the period 2010 to 2016, in respect of each calendar year, how many Jersey domiciled companies who had their dissolution declared void by applications made pursuant to Article 213 of the Companies (Jersey) Law 1991, had been struck off and dissolved following a creditors' winding up process within the meaning of Chapter 4, Part 21 of the Companies (Jersey) Law 1991?

Response

The company reinstatement information we hold at the Judicial Greffe is contained in documents either filed with the court or created by members of the administrative staff of the court in proceedings in a particular cause or matter and is therefore absolutely exempt under Article 24(1) or 24(2) of the Freedom of Information (Jersey) Law 2011 and we may refuse to supply such information we hold. For reference Article 24 is reproduced below.

However in this instance, despite the information being absolutely exempt, in the interests of openness we are able to provide the following information:

We do not compile statistics at the Judicial Greffe for the original reasons for dissolution of a company when an application is made to reinstate the company. However the text of the Act of Court generally does include a summary of the history of the dissolution. We therefor provide the following figures based on the occurrence of particular text within the Acts of Court.

If an Act of Court contains direct reference to Article 205(2) or text mentioning a failure to file an Annual Return then we have counted that in response to request (A).

If an Act of Court contains direct reference to Chapter 2 and Part 21 then we have counted that in response to request (B).

If an Act of Court contains direct reference to Chapter 4 and Part 21 then we have counted that in response to request (C).

The figures for number of Acts containing each of the types of reference are presented in the following table:

Exemption applied

Article 24 - Court information

(1) Information is absolutely exempt information if it is held by a scheduled public authority only by virtue of being contained in a document –

(a) filed with, or otherwise placed in the custody of, a court; or

(b) served upon, or by, the scheduled public authority,

in proceedings in a particular cause or matter.

(2) Information is absolutely exempt information if it is held by a scheduled public authority only by virtue of being contained in a document created by –

(a) a court; or

(b) a member of the administrative staff of a court,

in proceedings in a particular cause or matter.

(3) Information is absolutely exempt information if it is held by a scheduled public authority only by virtue of being contained in a document –

(a) placed in the custody of; or

(b) created by,

a person conducting an inquiry or arbitration, for the purposes of the inquiry or arbitration.

(4) In this Article –

“arbitration” means arbitration to which Part 2 of the Arbitration (Jersey) Law 1998 applies;

“court” includes any tribunal in which legal proceedings may be brought;

“inquiry” means an inquiry or a hearing held under an enactment;

“proceedings in a particular cause or matter” includes an inquest or post-mortem examination.