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  • Article

    The Principle Of Incumbency And Conflicts Of Interest

    The circumstances leading to the liquidation of a company are often contentious. One bone of contention which often arises is who should be appointed as the official liquidator...
    Cayman IslandsInsolvency/Bankruptcy/Re-Structuring
    Collas Crill
    Collas Crill
  • Article

    Cayman Islands Clawbacks: Another Brick In The Wall

    The recent decision of the Cayman Islands Grand Court in RMF Market Neutral Strategies (Master) Limited v DD Growth Premium 2X Fund (unreported, 17 November 2014) is a further reminder of the serious challenges associated with bringing clawback actions against "innocent" third party fund investors who have received redemption proceeds from a Cayman Islands fund in the period leading up to the fund's collapse.
    Cayman IslandsLitigation, Mediation & Arbitration
Maples Group
Maples Group
  • Article

    Who Bears The Burden: Applications Under The Forfeiture Law

    Under the Forfeiture of Money (etc) in Civil proceedings (Bailiwick of Guernsey) Law 2007 (the "Old Forfeiture Law") it was for His Majesty's Procureur or Comptroller...
    Cayman IslandsLitigation, Mediation & Arbitration
    Walkers
    Walkers
  • Article

    Sky's The Limit: Cape Town Convention Extension To Cayman Imminent

    Once extended to Cayman, the Cape Town Convention will directly apply to that jurisdiction, with Cayman gaining the status of a territorial unit of a Convention State.
    Cayman IslandsTransport
    Harneys
    Harneys
  • Article

    Paying The Costs Of Petitioning In The Cayman Islands

    If a creditor successfully petitions for the winding up of a defaulting debtor, it has the benefit of a priority recovery of those costs over the unsecured debts.
    Cayman IslandsWealth Management
    Appleby
    Appleby
  • Article

    Cayman Insolvency Update: Petitioning For Change?

    Despite the absence of a formal restructuring regime, the Courts in Cayman (and latterly by way of the Companies Law) have developed a flexible and pragmatic approach...
    Cayman IslandsInsolvency/Bankruptcy/Re-Structuring
    Harneys
    Harneys
  • Article

    Restructuring Review 2021

    The first part of this chapter looks at the key aspects of the successful Cayman Islands restructuring regime.
    Cayman IslandsInsolvency/Bankruptcy/Re-Structuring
    Campbells
    Campbells
  • Article

    Cayman Clawback Orders Against Weavering Investors Upheld

    In November 2016 the CICA rejected Skandinaviska Enskilda Banken AB's (Publ) ("SEB") appeal against Mr Justice Clifford's decision to order that redemption proceeds of approximately US$8 million...
    Cayman IslandsWealth Management
    Ogier
    Ogier
  • Article

    Cayman Decision Of Herald Fund SPC

    Investors' claims for unpaid redemption proceeds in winding up of Cayman Islands investment funds.
    Cayman IslandsWealth Management
    Harneys
    Harneys
  • Article

    Cayman Fund In Liquidation Ordered To Pay Costs Of Cayman And New York Proceedings On The Indemnity Basis

    In a Ruling that will be of interest to users of the Cayman courts, the Grand Court has ordered a Cayman fund in liquidation to pay as damages, the costs of foreign proceedings commenced in breach of contract ...
    Cayman IslandsWealth Management
    Campbells
    Campbells
  • Article

    Freeman Fintech Corporation: Case Report – Part One: Recognition And Assistance Of Officeholders Appointed By A Foreign Court Over Cayman Incorporated Companies

    The Cayman Court recently recognised joint provisional liquidators appointed by the Hong Kong court over a Cayman company for the purposes of the company presenting parallel schemes of arrangement...
    GlobalCorporate/Commercial Law
    Campbells
    Campbells
  • Article

    Anti-Suit Injunction Allows Winding Up To Proceed In Harmony

    In Re Ardent Harmony Fund Inc (In Official Liquidation)(FSD 54 of 2016), Chief Justice Smellie granted an anti-suit injunction restraining the largest creditor of Ardent Harmony Fund Inc...
    Cayman IslandsInsolvency/Bankruptcy/Re-Structuring
    Harneys
    Harneys
  • Article

    Cayman Islands Insolvency And Restructuring For English Lawyers

    These are difficult times for many clients and we appreciate that you may be required to provide cross-border insolvency or restructuring advice at short notice.
    Cayman IslandsInsolvency/Bankruptcy/Re-Structuring
    Maples Group
    Maples Group
  • Article

    Chabra-Cadabra: The Magic Of Freezing Injunctions Against Third Parties

    One can't help but pity the plaintiff with an ironclad claim against a defendant with apparently no assets to their name - and thus none to freeze - to ensure a surefire favorable judgment can be met.
    Cayman IslandsInsolvency/Bankruptcy/Re-Structuring
    Collas Crill
    Collas Crill
  • Article

    Lending & Secured Finance Guide 2018: Cayman Islands

    The Cayman Islands continues to be a jurisdiction of choice for the establishment of investment funds, portfolio investment companies and corporate vehicles ...
    Cayman IslandsInsolvency/Bankruptcy/Re-Structuring
    Maples Group
    Maples Group
  • Article

    Sea Change In The Cayman Islands: A New Restructuring Officer Regime

    The restructuring officer regime is a standalone rehabilitation process which does not require a winding up petition to be first presented in order to obtain the protection...
    Cayman IslandsInsolvency/Bankruptcy/Re-Structuring
    Walkers
    Walkers
  • Article

    The Restructuring Officer Regime In The Cayman Islands: The Grand Court Showcasing Its Flexibility To Support Cross-Border Restructuring Processes

    The Cayman Islands introduced the restructuring offi- cer regime into the Companies Act (as revised) (the ‘Companies Act') on 31 August 2022. The restructur- ing officer regime allows...
    Cayman IslandsInsolvency/Bankruptcy/Re-Structuring
    Walkers
    Walkers
  • Article

    QuadrigaCX – Blockchain And Bankruptcy

    Quadriga filed for court protection from its creditors on 31 January 2019, following the unexpected death of its CEO and founder Gerald Cotten, on 9 December 2018.
    Cayman IslandsTechnology
    Appleby
    Appleby
  • Article

    董事职责:新篇章

    当世界各地的董事们正努力应对各种宏观经济因素带来的困难和不确定时期时,这些决策为董事们应采取哪些保护自己及公司的方法提供了有
    Cayman IslandsCorporate/Commercial Law
    Conyers
    Conyers
  • Article

    Cayman Court Applies Insolvency Law Cases In Trustee Blessing Application

    Over the past two years, there has been an interesting trend of courts, in certain circumstances, relying upon...
    Cayman IslandsInsolvency/Bankruptcy/Re-Structuring
    Ogier
    Ogier
  • Showing 281–300 of 436 results

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