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Cayman Islands: Distressed Funds - Synthetic Side Pockets
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01 December 2008

INTRODUCTION

We are seeing many offshore funds go into distress for a variety of reasons, most commonly where liquidity issues have resulted in an inability to meet redemptions. Devising a solution to manage the fund through its difficulties will always depend on the commercial circumstances and the desired outcome, but crucially any proposed solution must fall within the parameters of the fund's offering document and articles of association. It is also essential that the directors comply with their fiduciary duties in determining an appropriate course of action....
 
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