Company Migration
Migration of a company to Guernsey does not affect a company’s identity, property or rights and it does not create a new legal entity. All rights enjoyed by the company prior to its migration will remain the same and any legal actions, proceedings or judgments made by, or to, the company will continue to be enforced after the migration has taken place.
There are three key stages to migration:
a) Pre-commencement: A company should carry out due diligence to identify the effects of migration to Guernsey on its business. The question as to how long the migration process can take is largely governed by the corporate authorities needed e.g. shareholder resolutions or third party consents.
b) Applications for consent to de-register in home jurisdiction: The company must comply with the laws and regulations of its home jurisdiction in order to de-register its place of incorporation. Any such consent, together with a foreign legal opinion and a director’s certificate of compliance, will be sent to the registrar of companies in Guernsey (the “Registrar”) for its review.
c) Re-registration in Guernsey: After receipt of consent from the home jurisdiction, the company may apply to the Registrar to migrate to Guernsey. Upon receipt of the application for registration as a Guernsey company, the Registrar will register the required documents (including the company’s amended memorandum and articles of incorporation) in Guernsey’s register of companies. Once the company has been registered, a certificate of registration will be issued and a registration number for the company shall be allocated, providing conclusive proof that the company is registered in Guernsey. The exact timing of completion of re-registration in Guernsey depends on when and how the Registrar receives all the documents required.
For more information on migrating your company to Guernsey, click the following link:
Migrations of companies to Guernsey.pdf
