November 21, 2019

Cayman Islands: Court grants Mandatory Arbitration Stay in Winding Up proceedings

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By Nick Dunne, Andrew Gibsin abd Xia Li – Walkers From Mondaq In the recent case of In the matter of China CVS (Cayman Islands) Holding Corp., Kawaley J of the Grand Court of the Cayman Islands (the “Court“) provided some helpful clarity in determining the question of when the mandatory arbitration stay under Section 4 […]

Cayman Islands: Recognising and assisting Foreign Officeholders in Guernsey and the Cayman Islands

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Article by Sarah Brehaut, Phoebe Dengate Thrush, Fiona MacAdam and Amy McLeish, Walkers From Mondaq Introduction In the increasingly internationalised corporate world, complex cross-border structures which include an offshore entity at some level within the structure are an everyday occurrence. However, the territorial limits of a court’s powers can mean that such structures present difficulties […]

Worldwide: Avoiding The Nuclear Option

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By Joanne Collett, Timothy Haynes, Fiona MacAdam, Robert Foote and Neil Lupton Walkers From Mondaq The Grand Court of the Cayman Islands (the “Court”) has appointed ‘soft touch’ provisional liquidators (“PLs”) to the Hong Kong listed company CW Group Holdings Limited (the “Company”) in a contested matter involving two competing applications for the appointment of […]

Overview of Cayman Islands law governing mutual funds – Q&A

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By Gary Smith Partner, From Loebsmith 21 March 2018 1. What are the key statutes and regulations that govern mutual funds in the Cayman Islands? Which regulatory bodies regulate mutual funds? The primary legislation regulating mutual funds in the Cayman Islands is the Mutual Funds Law (2015 Revision) (the “Funds Law”) and accompanying regulations. What […]

Foundation Companies may now be incorporated in the Cayman Islands

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By Morven McMillan, Maxine Bodden, Ray Davern, Alex Way From Maples & Calder The Cayman Islands Foundation Companies Law (the “Law”), which was enacted earlier this year subject to a commencement order, has now been brought fully into effect. Foundation companies may therefore be incorporated in the Cayman Islands with effect from 19 October 2017. […]

Cayman Islands – Voluntary Liquidation: The right way to investigate an alleged wrong

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Article by James Eldridge and Luke Stockdale From Maples and Calder In a decision that will reassure investors in Cayman Islands investment funds and other vehicles, the Grand Court has shown its willingness to facilitate the investigation of legitimate concerns raised during a voluntary liquidation.1 The decision is the first written ruling on the Court’s […]

(Cayman) Statutory Mergers – Loan Financing

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From Walkers Privatisations by way of a Cayman Islands statutory merger are often financed by secured loans from banks. The merger process is frequently used to “take private” international Chinese businesses listed in the United States through a Cayman Islands incorporated company. Two “constituent companies” usually feature in a Cayman statutory merger; a newly incorporated […]

Guide to ship finance in the Cayman Islands

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Article by Harneys Due diligence 1. How does one demonstrate title to or legal ownership of a vessel registered under the laws of your jurisdiction? A certificate of registry issued by the Registrar of Shipping (Registrar) at the Cayman Islands Shipping Registry (a Category 1 British Registry) (CISR) demonstrates title to or legal ownership of […]

Cayman Islands introduces new Beneficial Ownership Register regime

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By RORY JACKSON From Super Yacht News The Cayman Islands is to introduce a centralised beneficial ownership register that hopes to lessen the corporate veil, whilst maintaining the privacy of its beneficial owners. The government of the Cayman Islands has passed legislation that requires certain Cayman Islands companies (including LLCs) to be included on a […]

Guide to registering security interests created by Cayman Islands exempted companies

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This concise guide discusses the Cayman Islands Companies Law (the Companies Law) requirements relating to the registration of security interests (eg mortgage, charge, pledge, encumbrance etc) over the assets of a Cayman Islands exempted company. 1. There is no public security registration regime in the Cayman Islands and no publically searchable registers. 2. Where a […]