A More Common Thread Running Through the Common Law? The Supreme Court of Bermuda Grants What Is Believed To Be the First-Ever Extra-Territorial Summoning of a Company Director to Appear Before It for a Private Examination by Joint Provisional Liquidators
Download pdf01 Dec 2025
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In a landmark decision of the Supreme Court of Bermuda (‘Court’), Harneys and the joint provisional liquidators (‘JPLs’) of a Bermuda company (the ‘Company’) successfully argued that the Court’s power to summon officers of a company in liquidation or provisional liquidation before it for a private examination and delivery up of books and records under the Companies Act, 1981 (‘Companies Act’) has extra-territorial effect.
The Company is a Class C long-term insurer registered under the Bermuda Insurance Act 1978 (‘IA’), and is a segregated accounts company under section 6 of the Segregated Accounts Companies Act 2000 (‘SAC Act’). It has been licenced by the Bermuda Monetary Authority (‘BMA’) since 2013.
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This article first appeared in Volume 22, Issue 6 of International Corporate Rescue and is reprinted with the permission of Chase Cambria Publishing - www.chasecambria.com
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