Complaints about approved liquidators
Introduction
To be a liquidator for a public company or one being wound up under Jersey law, a person must be on the Register of Approved Liquidators (the Register) held by the Viscount. Guidance on how to register is available here.
The Register is published by the Viscount. This guide explains the Viscount’s role in investigating complaints about a liquidator and the procedures followed.
Investigations
The Viscount can investigate liquidators to ensure they fulfil their duties under Jersey law. Complaints might arise from:
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concerns about a liquidator’s actions or lack of action; or
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concerns about fees, non-compliance with court orders, or other valid reasons.
If you wish to submit a complaint you should complete the Insolvency Practitioner Complaints Form and return it by email or post to the address below.
Discretion to Investigate
The Viscount may choose not to investigate if the complaint/ representation is trivial, frivolous, vexatious, or not made in good faith.
The Viscount can decline to investigate if:
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The liquidator addresses the complaint directly and satisfactorily, within a reasonable timeframe.
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The complaint has been referred to a professional body that the liquidator is a member of, and it has been investigated according to their rules. If the Viscount believes the professional body’s investigation was thorough and fair, they may decide not to investigate further.
Please note that professional bodies that liquidators belong to have established procedures for investigating complaints about their conduct. These procedures can result in regulatory actions, including financial penalties. The Viscount cannot impose regulatory sanctions on liquidators but can ask the court to act on concerns about the handling of a specific case, including by revoking a liquidator’s appointment.
Notification and requests for information
The Viscount will notify the liquidator in writing about any investigation he conducts and provide details of the complaint, unless there is a good reason not to.
The Viscount can ask the liquidator for information, documents, or reports, specifying how and when to submit them. Liquidators can request more time to submit reports, and the Viscount may grant additional time if there is a good reason for a delay.
Examination of records
The Viscount can examine and copy records related to the liquidator’s functions and consult experts if needed.
Court action
Where a complaint is upheld, the Viscount will provide a report setting out the findings from the investigation. If necessary, the Viscount can apply to the Royal Court for it to exercise its powers over the liquidator.
Reconsideration of decisions
A Liquidator can ask the Viscount to reconsider a decision set out in a report within 21 days of receiving it, but must providing grounds for reconsideration and relevant information.
The Viscount may request more information to reconsider the original decision and will notify the liquidator of the outcome.
Contact Us
Email liquidators@courts.je or write to the Insolvency Team, Viscount’s Department, Morier House, St Helier, Jersey, JE1 1DD.