News & Analysis as of

Liquidation Companies Act

Conyers

Cayman Islands Non-Petition Clauses: Precision Is Paramount

Conyers on

In a very recent judgment in the wake of the Abraaj Group fallout, the Grand Court of the Cayman Islands refused to strike out a just and equitable winding up petition and, in the process, analysed the effect of a purported...more

Walkers

The Cayman Islands Court of Appeal will consider whether a company's shareholders can bring claims for misrepresentation against...

Walkers on

In an unprecedented turn of events, two recent proceedings in the Grand Court of the Cayman Islands considered the same complex legal issues just one week apart. Both In the Matter of HQP Corporation Limited (assigned to...more

Conyers

Winding-Up Order Obtained Against Cayman Islands Fund Investment Manager Within 3 Months

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The Honourable Mr Justice Kawaley granted a winding up order against Airstream Investment Ltd (the “Company”), an exempted company incorporated under the laws of the Cayman Islands. Conyers acted for the successful...more

Walkers

First Successful Creditor Application for Appointment of an Inspector to an Irish Corporate Sets Precedent for Future Appointments

Walkers on

The recent success of a creditor to have an inspector appointed to an Irish company sets a precedent for possible future appointments. The two judgments delivered by the Irish High Court in this case review in detail both the...more

Conyers

Segregated Portfolio Companies’ Silver Anniversary

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In a series of recent judgements, the Cayman Islands Grand Court has celebrated the 25th anniversary of the introduction of the segregated portfolio company (“SPC”) regime in the Companies Act by confirming the strict...more

Dechert LLP

Luxembourg Publishes Bill of Law Aimed at Modernization of Product Laws Including Part II AIFs

Dechert LLP on

The Luxembourg government published bill of law n°8183 (the “Bill”) on 24 March 2023 that amends five existing laws on alternative investment funds (“AIFs”) and alternative investment fund managers (“AIFMs”), namely the UCI...more

Walkers

Learning from Mistakes: Imposing Constructive Trusts over Mistaken Payments

Walkers on

Synopsis 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 sanctioned a...more

Pillsbury Winthrop Shaw Pittman LLP

Bankruptcy Court Denies Chapter 15 Recognition Request of Cayman Islands Joint Provisional Liquidators

Although bankruptcy courts frequently grant chapter 15 recognition to proceedings initiated by Cayman provisional liquidators, recognition is not automatic. Instead, in considering a petition for recognition of a Cayman...more

Dechert LLP

Sequana: “Momentous” Judgment by Supreme Court on the Creditor Duty

Dechert LLP on

The Supreme Court has ruled, for the first time, on the existence, specific content and engagement of the so-called “creditor duty” or the “rule in West Mercia”. In doing so, it unanimously dismissed BTI’s appeal. ...more

Walkers

Home Thoughts, From Abroad - Restructuring Recognition (and Recognition of Restructuring)

Walkers on

Where a company’s liquidation is necessary, deciding who or where is best placed to administer an orderly wind down for the benefit of creditors can be difficult: the shortfall of assets in an insolvency will highlight...more

Walkers

Judgment on Declaratory Relief in Cayman Islands Insolvent Liquidation Proceedings

Walkers on

A recent decision of Kawaley J sitting in the Grand Court of the Cayman Islands (the “Grand Court”) has provided helpful clarification on what he described as a “legally significant” and “important jurisdictional point”. The...more

Conyers

Mistakes Were Made … What is a Liquidator to Do?

Conyers on

A fundamental principle of insolvency law in the Cayman Islands is that upon the commencement of a liquidation of a company, a line is drawn in the sand and the assets of an insolvent company should be distributed on a pari...more

Conyers

Restoration to the Register of Companies and Winding Up Order

Conyers on

In the recent judgment of In the Matter of Margara Shipping Limited (the “Margara Decision”) the Cayman Islands Grand Court provided some useful guidance on the basis on which a company can be restored to the Register of...more

A&O Shearman

Moratorium Over Singapore Proceedings Against Bermudan Company Granted

A&O Shearman on

Pacific Andes Resources Development Ltd [2016] SGHC 210 (27 September 2016) involved an application under section 210(10) of the Companies Act for the restructuring of, among others, a Bermudan company listed in Singapore and...more

A&O Shearman

Grant of Security May Be Avoided as a Transaction at an Undervalue?

A&O Shearman on

The recent case of Encus International Pte Ltd v Tenacious Investment Pte Ltd & Ors [2016] SGHC 50 (Singapore, High Court, 31 March 2016) has implications for lenders which are especially pertinent in the face of the current...more

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