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Limited Liability Companies: Law drafting instructions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made on 8 March 2019

MINISTERIAL DECISION REFERENCE:    MD-ER-2019-0011

DECISION SUMMARY TITLE:  Law drafting instructions for LLCs

DECISION SUMMARY AUTHOR:

Lead Policy Adviser: Financial Services & Brexit

IS THE DECISION SUMMARY PUBLIC OR EXEMPT?  

Public

 

REPORT TITLE:  Drafting Instructions – LLC Winding Up regs

REPORT AUTHOR OR NAME OF PERSON GIVING REPORT:  (if different from Decision  Summary Author)

Lead Policy Adviser: Financial Services & Brexit

IS THE REPORT PUBLIC OR EXEMPT 

Exempt

DECISION AND REASON FOR THE DECISION:

The Minister for External Relations approved the report and authorised the Financial Services and Digital Economy department to instruct the principal Legislative Drafter to draft legal instruments to bring LLCs into operation in Jersey. This will include specifically:

 

-          regulations to permit and govern the dissolution and winding up of limited liability companies;

-          amendments to other financial services laws that may be required to properly bring LLCs into operation; and

-          other instruments needed to bring the relevant laws into operation.

 

RESOURCE IMPLICATIONS:

There are no resource implications for the States of Jersey as a result of this decision.

ACTION REQUIRED:

Provide confirmation to the Law Draftsman that the Minister is content for law drafting instructions to be submitted to the Law Draftsman.

SIGNATURE:

 

 

SENATOR IAN GORST

POSITION:

 

 

MINISTER FOR EXTERNAL RELATIONS

 

 

DATE SIGNED

EFFECTIVE DATE OF THE DECISION

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