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1
Cayman Islands Restructuring – Recent Cases
Restructuring of insolvent companies in the Cayman Islands is implemented by a flexible regime comprising the appointment of provisional liquidators coupled with an adjournment of the winding-up petition.
Cayman Islands
4 Jul 2019
2
When Do Directors Owe Their Duties To A Company's Creditors Rather Than Its Shareholders?
The Court of Appeal has recently ruled in BTI 2014 LLC -v- Sequana SA & Ors [2019] EWCA Civ 112 that an otherwise lawful dividend may still be found to be a transaction defrauding creditors.
British Virgin Islands
4 Jul 2019
3
Changes To The Cayman Islands' Trusts Law Take Effect
Legislative amendments to the Cayman Islands' Trusts Law which were passed earlier this year have been pronounced to take effect from 14 June 2019.
Cayman Islands
14 Jun 2019
4
Shadow Directors In The BVI: Who Are They, What Duties Do They Owe And What Are Their Risks?
As a major incorporation jurisdiction, the issue of shadow directorships is an important and practical one for the BVI. There are 3 types of company director recognised by BVI law:
British Virgin Islands
7 Mar 2019
5
Costs Orders In Winding Up Petitions: In The Matter Of Abraaj Holdings
In the case of insolvency proceedings, the Court is often required to consider what is best for the stakeholders of the Company as a whole.
Cayman Islands
9 Jan 2019
6
Grand Court Delivers 366 Page Judgment In In Re Torchlight Fund L.P.
Yesterday the Grand Court of the Cayman Islands delivered its long awaited judgment in the winding up proceedings brought against the Torchlight Fund L.P. ("Torchlight"). Conyers is Cayman counsel for Torchlight.
Cayman Islands
27 Sep 2018
7
An Era Of Cooperation: Notable Judicial Assistance By The Hong Kong Courts In Recent Cross-Border Insolvency And Restructuring Cases
Hong Kong is one of the leading capital markets in the world. Billions of dollars are raised on a day to day basis, from all parts of the world, through a wide range of capital and financing activities, particularly IPOs.
Cayman Islands
24 May 2018
8
A Developing Discourse From The Courts
In its decision in the matter of Shanda Games Limited, the CICA has gone a step further and altered the landscape against which fair value of the Dissenters shares is to be properly assessed in the future.
Cayman Islands
7 May 2018
9
Cayman Islands AML Requirements
The MLRO may be the same person as the AMLCO, so long as the individual is competent and is able to perform both roles efficiently.
Cayman Islands
24 Apr 2018
10
Cayman Islands Beneficial Ownership Regime Update
Since our Cayman Islands Beneficial Ownership Regime Alert in May 2017, the Cayman Islands Government has amended the beneficial ownership regime under the Companies (Amendment) (No. 2) Law, 2017 ...
Cayman Islands
18 Apr 2018
11
The Cayman Islands: Open For Business
IF there was any uncertainty that the Cayman Islands is a top jurisdiction of choice for complex litigation and restructuring matters, two cases in 2017 prove ...
Cayman Islands
26 Mar 2018
12
Re China Lumena New Materials Corp [2018] HKCFI 276 – Hong Kong Court Clarifies Powers Of Foreign Insolvency Officeholders
Earlier this month, the Hong Kong Companies Judge Hon Harris J. handed down Reasons for Decision in Re China Lumena New Materials Corp which usefully clarifies the Hong Kong Court's view on powers of foreign insolvency...
Cayman Islands
2 Mar 2018
13
Re King Bun Limited: Re-Affirming When The Case Should Be Tried In The BVI
Conyers Dill & Pearman act for a group of minority shareholders of a BVI company known as King Bun Limited in a derivative action against its Hong Kong based directors for damages caused to the company ...
British Virgin Islands
28 Feb 2018
14
The Grand Court Follows The Usual Course In An Unusual Liquidation
In the matter of Pacific Harbor Asia Fund I, Ltd (In Official Liquidation) the Grand Court appointed joint official liquidators from different firms due to the differing opinions of various stakeholders...
Cayman Islands
8 Dec 2017
15
Privy Council Clarifies The Old Law (1989-2011 Position) Regarding Section 37 Redemptions
In late 2008, RMF Market Neutral Strategies (Master) Limited ("RMF") sought to cash in its investments in DD Growth Premium 2X Fund (In Official Liquidation) (the "Company"), a feeder fund incorporated in the Cayman Islands, ...
Cayman Islands
24 Nov 2017
16
Recent Decisions On Recognition And Assistance And The Appointment Of Provisional Liquidators
Bermuda, a leading offshore commercial centre, does not currently have any modern, express statutory provisions relating to recognition and assistance to foreign officeholders.
Bermuda
22 Oct 2017
17
A Matter Of Class: Determining Creditor Classes In A Scheme Of Arrangement
If at the Court Meetings the creditors vote to approve the scheme, the Court must then consider whether it is appropriate to sanction the scheme.
Cayman Islands
3 Oct 2017
18
Bermuda Introduces Bribery Act Legislation
The Bribery Act, 2016 will come into force on 1 September 2017.
Bermuda
14 Aug 2017
19
Another Chapter In The China Milk Saga
As a jurisdiction that currently has no formal restructuring regime, the appointment of a provisional liquidator has long since been utilised for the purpose of facilitating a corporate restructuring...
Cayman Islands
31 Mar 2017
20
Open Book Or Locked Vault? Access To Court Documents In The Cayman Islands
Obtaining authorised access to confidential documents in offshore jurisdictions is, in some circles at least, the holy grail of information gathering.
Cayman Islands
21 Feb 2017
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