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It’s time for offshore jurisdictions to have cross-class cram downs in the restructuring toolkit
Restructuring

It’s time for offshore jurisdictions to have cross-class cram downs in the restructuring toolkit

In this article, originally published in LexisPSL, Asia Managing Partner Ian Mann discusses why each of the offshore jurisdictions, the British Virgin Islands, Cayman Islands and Bermuda, should adopt the new English cross-class cram down provisions by way of their own legislative amendment in order to keep up with modern restructuring requirements.
The Cayman Lawyer: Episode one - Liquidation and restructuring options for joint ventures
Restructuring

The Cayman Lawyer: Episode one - Liquidation and restructuring options for joint ventures

Welcome to The Cayman Lawyer, a podcast created to provide information about the legal landscape in the Cayman Islands. We will be demystifying the jurisdiction by sharing everything you need to know about what the legal jurisdiction has to offer.
A view from Asia on Brexit
Litigation & Insolvency

A view from Asia on Brexit

This article, originally published by Westlaw Today, is loosely based on a lively panel discussion organised by the International Insolvency Institute, American College of Bankruptcy and American Bankruptcy Institute, the third and final of a tripartite “Brexit Series”, with a panel of experts from Asia.
Cayman Islands and the recent FATF listing
Investment Funds

Cayman Islands and the recent FATF listing

At its plenary session on 25 February 2021, the Financial Action Task Force (FATF) included the Cayman Islands as a jurisdiction being monitored for the active resolution of identified deficiencies in its regimes for the countering of anti-money laundering, terrorist financing and proliferation financing. While no significant issues were identified with the Cayman Islands compliance regimes, the Cayman Islands were given three action items aimed at demonstrating the effectiveness of its compliance regimes and therefore included on the list of jurisdictions being monitored.
Litigation Webinar: Cross-Border Restructuring | The Offshore Advantage
Restructuring

Litigation Webinar: Cross-Border Restructuring | The Offshore Advantage

Harneys Partners Jayson Wood, Claire Goldstein and Peter Ferrer are joined by EY Associate Partner Tammy Fu, to discuss the desirability of including a Cayman islands or British Virgin Islands scheme of arrangement as part of a cross-border restructuring strategy for companies incorporated in those jurisdictions. They also explore why offshore vehicles are used and how the Cayman Islands and British Virgin Islands’ courts and legal systems work in conjunction with the US Chapter 11 process.
How will breaches of the Cayman Islands beneficial ownership reporting regime be enforced?
Investment Funds

How will breaches of the Cayman Islands beneficial ownership reporting regime be enforced?

In June 2020 we alerted clients to the introduction of fines for breaches of the Cayman Islands beneficial ownership reporting requirements. The client alert can be found here. The new fine system is in addition to the penalties that already exist for committing an offence under the beneficial ownership regime laws.
Cayman Islands Grand Court facilitates direct court-to-court communications
Restructuring

Cayman Islands Grand Court facilitates direct court-to-court communications

“Judicial international co-operation is a well-established tradition in Cayman Islands’ jurisprudence…” wrote Chief Justice Anthony Smellie in an article appearing in the Beijing Law Review nearly 10 years ago… “the over-arching principle is, of course, comity – that civilised notion that requires reciprocity of co-operation and assistance between the courts of different countries…”
R&I over Wi-Fi: Demonstrating insolvency in the restructuring context
Restructuring

R&I over Wi-Fi: Demonstrating insolvency in the restructuring context

In our fourth episode of R&I over Wi-Fi, Senior Associate Lachlan Greig sits down with Partner Paul Madden to discuss provisional liquidation. The focus of this episode is on the appointment of restructuring provisional liquidators when the company is unable to pay its debts.