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Limited Liability Companies (Jersey) Law 201-

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 23 April 2018:

MINISTERIAL DECISION REFERENCE:  MD-C-2018-0079

DECISION SUMMARY TITLE: Limited Liability Companies (Jersey) Law 201-

DECISION SUMMARY AUTHOR:

Lead Policy Adviser, Funds, managed accounts and asset management

IS THE DECISION SUMMARY PUBLIC OR EXEMPT?  

Public

REPORT TITLE:  Written Report to the draft Limited Liability Companies (Jersey) Law 201-

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

Lead Policy Adviser, Funds, managed accounts and asset management

IS THE REPORT PUBLIC OR EXEMPT 

Public

DECISION AND REASON FOR THE DECISION:

The Chief Minister approved the lodging of the draft Limited Liability Companies (Jersey) Law 201- (the Law), the attached report and the signed the statement of compliance with the Human Rights (Jersey) Law 2000 and directed that his officials lodge the documents au greffe to take the necessary steps in order for the draft Law to be set down for debate at the earliest opportunity.

A public consultation paper was issued by the Government on 20 November 2017, which invited comments by 12 January 2018 on a draft of the Limited Liability Companies (Jersey) Law 201-. The comments received to the consultation were largely positive and a response to the consultation was issued in April 2018, summarising the response to the consultation in full.  The draft Law was updated to reflect the comments received.

 

RESOURCE IMPLICATIONS:

 

There are no additional financial costs or manpower implications for the States as a result of this decision.

 

REQUIRED ACTIONS:

 

The Greffier of the States to be requested to arrange for the documents to be lodged au Greffe for debate by the States at the earliest opportunity.

 

SIGNATURE:

 

 

 

POSITION:

 

SENATOR IAN JOSEPH GORST

CHIEF MINISTER OF JERSEY

 

 

DATE SIGNED

EFFECTIVE DATE OF THE DECISION

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