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Amendments to the Companies (Jersey) Law 1991 ("the Law").

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

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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (22/12/2008) regarding: Amendments to the Companies (Jersey) Law 1991 ("the Law").

Decision Reference:  MD-E-2008-0243 

Decision Summary Title :

Amendments to the Companies (Jersey) Law 1991 (“the Law”)

Date of Decision Summary:

22 December 2008

Decision Summary Author:

James Mews,

Finance Industry Development

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)


Type of Report:

Oral or Written?


Person Giving

Oral Report:


Written Report

Title :

Amendments to the Companies (Jersey) Law 1991 (“the Law”)

Date of Written Report:

22 December 2008

Written Report Author:

James Mews, 

Finance Industry Development

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)



Approval of the draft Companies (Amendment No. 10) (Jersey) Law 200- (“the Amendment”) and Companies (Amendment No. 3) (Jersey) Regulations 200- (“the Regulations”).


The Minister approved the draft Companies (Amendment No. 10) (Jersey) Law 200- and the draft Companies (Amendment No. 3) (Jersey) Regulations 200-, together with accompanying reports for the same and, having signed the declaration of compatibility with the European Convention on Human Rights in respect of the draft Law, requested that they be lodged au Greffe with a provisional date for debate by the States of 3rd February 2009.

Reason(s) for Decision: 

The purpose behind the Amendment and Regulations is to clarify aspects of the Law following the introduction of Companies Amendment No. 9.  The proposals have undergone consultation with a steering group chaired by Jersey Finance, industry as represented by the Law Society, the Jersey Society of Chartered and Certified Accountants and the Jersey Financial Services Commission. 

The Law Officers Department has indicated that the amendments to the Law do not raise any Human Rights issues and that all tariffs for new offences created are commensurate with similar existing offences. 

Resource Implications: 

There are no measurable financial or manpower costs for the States.

Action required: 

The documents to be lodged au Greffe in order that the Amendment can be debated by the States on 3rd February 2009.

Signature:  Senator A.J.H.Maclean 

Position: Minister for Economic Development

Date Signed: 

Date of Decision (If different from Date Signed): 

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