Searching Content indexed under Insolvency/Bankruptcy by Conyers ordered by Published Date Descending.
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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
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
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
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
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
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
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
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
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.
22 Oct 2017
British Virgin Islands Insolvency Act 2003
We have prepared this Insolvency Act Compendium as a service to our clients.
British Virgin Islands
8 Nov 2016
Offshore Case Digest: Issue No. 11 – Bermuda, The British Virgin Islands And The Cayman Islands
Our goal is to provide a useful reference tool for clients and practitioners who are interested in the development of case law in each jurisdiction.
25 Jul 2016
Cayman Court Of Appeal Clarify Law In Favour Of Redeeming Investors
Due to the timing of the redemption payments, it was the construction of the Companies Law (2007 Revision) (the "Law") that fell to be considered.
Cayman Islands
24 Nov 2015
Hong Kong Court Of Final Appeal Considers Sufficient Connection To Wind Up A BVI Company On The Just And Equitable Basis
The relevant company, Yung Kee Holdings Limited, was a holding company for shares in another BVI company, Long Yau, which in turn operated two Hong Kong subsidiaries carrying on business exclusively in Hong Kong.
Hong Kong
12 Nov 2015
British Virgin Islands
14 May 2015
Shareholder Relief: Eastern Caribbean Appeal Court Considers The Just And Equitable Grounds For Winding Up A BVI Company
In Wang Zhongyong -v- Union Zone Management Ltd [BVIHCMAP 2013/0024] ("Wang"), the Eastern Caribbean Court of Appeal ("ECCA") has had its first opportunity to review the legal principles...
British Virgin Islands
24 Feb 2015
Cayman Court Of Appeal Reverses US$111 Million Judgment Against Weavering Directors
In an unanticipated development, the Cayman Islands Court of Appeal handed down judgment on 12 February 2015 and has reversed the decision of Jones J...
Cayman Islands
18 Feb 2015
Stichting Shell Pensioenfunds v Krys
A recent decision of the Privy Council in Stichting Shell Pensioenfonds v Krys and another (British Virgin Islands) clarifies a liquidator’s authority in relation to anti-suit injunctions.
British Virgin Islands
29 Dec 2014
Cross-Border Insolvency: Privy Council Slam The Door On Bermuda’s Modified Universalism Approach
The Bermuda court has no general jurisdiction under the Companies Act or at common law to wind up foreign companies that do not conduct business in Bermuda.
11 Nov 2014
Offshore Case Digest
The holders of not less than 95% of the shares in a company can issue a notice to acquire the shares of the remaining shareholders on the terms set out in the notice.
Cayman Islands
5 Aug 2014
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