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ARTICLE · 11 OCTOBER 2019

When Will Foreign Court - Appointed Receivers Be Recognized?

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Recognition of foreign Court-appointed receivers in the Cayman Islands: In the Matter of Silk Road Funds Ltd.

Cayman IslandsCorporate/Commercial Law

Recognition of foreign Court-appointed receivers in the Cayman Islands: In the Matter of Silk Road Funds Ltd.

The Grand Court of the Cayman Islands has released an important judgment[1] examining the circumstances in which receivers appointed by a foreign court will be recognised in the Cayman Islands.

Receivers had been appointed by the Supreme Court of Bermuda in respect of a "segregated account". Bermuda's Segregated Accounts Companies Act 2000 allows companies to create accounts whose assets and liabilities are legally separated from those of other accounts and the company itself. The Act also provides that a segregated account is not a legal person distinct from the company itself.

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