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  • Article

    ‘What Say Ye?': The Importance Of Creditors' Views In Restructurings – An Offshore Perspective

    In two relatively recent offshore cases, the differing views of creditors and shareholders (and management) have been considered in the context of winding up pro- ceedings...
    Cayman IslandsInsolvency/Bankruptcy/Re-Structuring
    Walkers
    Walkers
  • Article

    Clarity In Comity - Cayman Schemes Of Arrangement Capable Of Discharging New York Law Debt

    In In re Modern Land (China) Co Ltd (Modern Land) the United States Bankruptcy Court recognised proceedings commenced in the Grand Court of the Cayman Islands (Court) in respect of a scheme of arrangement.
    GlobalInsolvency/Bankruptcy/Re-Structuring
Collas Crill
Collas Crill
  • Article

    Covering Ears To Steal Bells: Ignoring Insolvency At Risk Of Liquidation

    The closest Chinese equivalent to the English idiom of ‘sticking one's head in the sand' is ‘covering one's ears to steal bells'.
    Cayman IslandsInsolvency/Bankruptcy/Re-Structuring
    Conyers
    Conyers
  • Article

    Learning From Mistakes: Imposing Constructive Trusts Over Mistaken Payments

    In the recent judgment of Re Premier Assurance Group SPC Ltd. (in Official Liquidation) (unreported, Smellie C.J., Cause No. FSD 264 of 2020 (ASCJ), 7 April 2022), the Grand Court of the Cayman Islands...
    Cayman IslandsCorporate/Commercial Law
    Walkers
    Walkers
  • Article

    Insolvency 2024

    2024 has been a record year for the Cayman Islands, with the Cayman Islands Monetary Authority announcing that as of 15 August 2024, the Cayman Islands had a record-breaking total of 30,038 registered investment funds...
    Cayman IslandsInsolvency/Bankruptcy/Re-Structuring
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Silicon Valley Bank – Grand Court Of The Cayman Islands Winds Up The Bank As A Foreign Company To Protect Cayman Customers: The Opening Sequence Of An Epic Battle?

    In a judgment delivered on 21 July 2023 (In the Matter of Silicon Valley Bank (Unreported, Grand Court, FSD 163 of 2023 (DDJ), 21 July 2023)), the Honourable Justice Doyle wound up Silicon Valley Bank...
    Cayman IslandsInsolvency/Bankruptcy/Re-Structuring
    Appleby
    Appleby
  • Article

    Hanging By A Thread: The Re-Modelling Of Modified Universalism

    On 10 November 2014, the Privy Council handed down its decision in Singularis Holdings Limited v PricewaterhouseCoopers.
    Cayman IslandsInsolvency/Bankruptcy/Re-Structuring
    Maples Group
    Maples Group
  • Article

    Conyers Coverage July 2022 – Issue 7 – Cayman Islands

    The Cayman Islands recently introduced measures to further improve its technical compliance with the 40 Financial Action Task Force...
    Cayman IslandsInsurance
    Conyers
    Conyers
  • Article

    Setting Aside A Cayman Islands Charge Upon Insolvency

    The Companies Law (as amended) (the "Law") provides that only companies incorporated in the Cayman Islands can be wound up there. There is no provision akin to Part V of the UK Insolvency Act 1986 (UK)under which the English court can wind up unregistered or foreign companies.
    Cayman IslandsWealth Management
    Walkers
    Walkers
  • Article

    Cayman Court Clarifies The Function And Role Of The Liquidation Committee In A Cayman Liquidation

    In a recent judgment in the liquidation of Herald Fund SPC, an insolvent Madoff feeder fund, the Grand Court addressed the extent to which official liquidators
    Cayman IslandsInsolvency/Bankruptcy/Re-Structuring
    Campbells
    Campbells
  • Article

    Contested Points Of Foreign Law In The Winding-Up Context: Grand Court Provides Guidance

    Recent cases from common law jurisdictions have grappled with a recurring challenge: when a creditor seeks to wind up a company based on a debt governed by foreign law, and the debtor disputes that debt, how deeply should courts examine contested foreign law issues? Judicial responses have varied significantly, from treating any substantial disagreement between foreign law experts as grounds for dismissal to conducting more detailed inquiries into the merits of the dispute.
    Cayman IslandsInsolvency/Bankruptcy/Re-Structuring
    Appleby
    Appleby
  • Article

    Holt: The First Appointment Of Restructuring Officers To An SPC In Cayman

    Collas Crill acted as Cayman Islands legal counsel to Holt Fund SPC (Company) in respect of its successful application for the appointment of restructuring officers.
    Cayman IslandsInsolvency/Bankruptcy/Re-Structuring
    Collas Crill
    Collas Crill
  • Article

    In The Matter Of China Agrotech Holdings Limited

    In a landmark post-Rubin v Eurofinance ruling, the Grand Court of the Cayman Islands has granted common law recognition and assistance to liquidators appointed by the High Court of Hong Kong over an exempted...
    Cayman IslandsWealth Management
    Ogier
    Ogier
  • Article

    Expert Insights: Latest Offshore Insolvency Trends

    The article explores key trends in the offshore markets, how insolvency practitioners are leveraging technology to enhance recoveries, challenges for creditors in offshore...
    GlobalInsolvency/Bankruptcy/Re-Structuring
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    China Shansui Cement Group Limited: Cement Shoes for Directors?

    In 2011, in the case of Re China Milk Products Group Limited Mr Justice Jones held that the directors of an insolvent company had inherent authority to petition for its winding up...
    Cayman IslandsWealth Management
    Appleby
    Appleby
  • Article

    Are Crypto Assets Property In Law?

    With the rise of digital asset fraud and liquidations in the crypto industry globally, the courts have shown a continued willingness to assist litigants in overcoming the nuanced issues in the crypto present.
    GlobalTechnology
    Ogier
    Ogier
  • Article

    Nominee Directors: Caught Between The Devil And The Deep Blue Sea

    A nominee director stands somewhat apart from the other directors by virtue of having been nominated by a shareholder, or other stakeholder of the company, to represent the shareholder's particular interest.
    Cayman IslandsCorporate/Commercial Law
    Conyers
    Conyers
  • Article

    Full Steam Ahead – The Cayman Islands Restructuring Officer Regime In Motion

    The reforms to Part V of the Cayman Islands Companies Act (as amended) (the "Companies Act"), including the introduction of the Cayman Islands restructuring officer regime, came into force...
    Cayman IslandsInsolvency/Bankruptcy/Re-Structuring
    Walkers
    Walkers
  • Article

    Maintaining The Status Quo: How To Ensure Business Continuity When Presented With A Winding Up Petition In The Cayman Islands

    A recent judgment of the Grand Court of the Cayman Islands has reiterated the principles that the Cayman Islands Courts will consider in determining whether to grant a validation order...
    Cayman IslandsInsolvency/Bankruptcy/Re-Structuring
    Walkers
    Walkers
  • Article

    Insolvency And Restructuring: Cayman Islands Segregated Portfolio Companies

    May 2020 marks the twenty second anniversary of the Cayman Islands segregated portfolio company ("SPC").[1] This article takes a look back at the SPC's first two decades and particularly...
    Cayman IslandsInsolvency/Bankruptcy/Re-Structuring
    Ogier
    Ogier
  • Showing 361–380 of 436 results

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