On 15 May 2024, the Bermuda Court granted an order striking out a winding-up petition (the “Petition”), setting aside an earlier order appointing joint provisional liquidators (“JPLs”), and discharging the JPLs appointed over...more
Is it possible for a debtor company to issue debt (such as bonds) and contractually agree for that debt to rank lower in priority than debts owed by a company to other unsecured creditors? This article examines the commercial...more
5/13/2024
/ Bermuda ,
British Virgin Islands ,
BVI Business Companies ,
Cayman Islands ,
Commercial Litigation ,
Creditors ,
Debtors ,
Dispute Resolution ,
Distressed Debt ,
Insolvency ,
Liquidation ,
Subordination Agreement ,
Winding Up Petitions
On 5 February 2024, the Honourable Justice Paul Webster granted a restoration order (the “Order”) pursuant to section 218A of the BVI Business Companies Act (Revised Edition 2020) (as amended) (the “Act”), declaring the...more
On 8 February 2024, the Honourable Mr Justice Paul Webster KC dismissed an application to set aside a statutory demand served on Angola Group Holdings Limited (the “Company”) by Bai Jun Tian Cheng Limited (“Bai Jun”). Conyers...more
Feb 2024 On 12 January 2024, the Honourable Mr Justice Kawaley granted an order for the appointment of receivers pursuant to Section 224 of the Companies Act (2023 Revision) (the “Act”), over the Premier Life Settlement Fund...more
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
2/22/2024
/ Cayman Islands ,
Companies Act ,
Creditors ,
Debtors ,
Dispute Resolution ,
Foreign Bankruptcies ,
Insolvency ,
Investment Advisory Agreements ,
Liquidation ,
Remuneration ,
Winding Up Petitions
For businesses that are family-owned and run in jurisdictions such as Hong Kong, Mainland China and Taiwan, it is common for beneficial ownership and control of the business enterprise to be vested in the shareholders of a...more
10/9/2023
/ Beneficial Owner ,
British Virgin Islands ,
Business Entities ,
BVI Business Companies ,
China ,
Corporate Restructuring ,
Debt ,
Debtors ,
Estate Planning ,
Holding Companies ,
Hong Kong ,
Incorporation ,
Jurisdiction ,
Privacy Laws ,
Shareholders ,
Taiwan
As directors around the world grapple with difficult and uncertain times arising from various macro-economic factors, these decisions provide useful and timely guidance on the approach that directors should take to protect...more
The Cayman Islands Grand Court recently delivered its judgment in Re Shinsun Holdings (Group) Co., Ltd. FSD 192 of 2022 (DDJ) (21 April 2023) (unreported) (the “Shinsun Judgment”) in which the court determined the ultimate...more
9/8/2023
/ Appeals ,
Bermuda ,
British Virgin Islands ,
Cayman Islands ,
Commercial Litigation ,
Companies Act ,
Corporate Restructuring ,
Creditors ,
Dispute Resolution ,
Hong Kong ,
Insolvency ,
International Finance ,
Investment Schemes ,
Investors ,
UK
Offshore Trust and Estate Litigation Update Series – Part II -
Following on from Part I of this series which summarised the Cayman Court’s consideration of a trustee’s application for the “blessing” of a “momentous...more
5/1/2023
/ Appeals ,
Beneficiaries ,
British Virgin Islands ,
Cayman Islands ,
Cross-Border ,
Offshore Companies ,
Oral Communications ,
Private Company Shares ,
Res Judicata ,
Trustees ,
Trusts ,
Wills
Offshore Trust and Estate Litigation Update Series – Part I -
Trust and estate disputes in both the Cayman Islands and the BVI, and claims against the actions of a trustee/executor or disputes related to an interested...more
The holding company of many corporate groups trading in Asia is frequently incorporated in an offshore financial centre such as the British Virgin Islands (“BVI”). It is therefore common for high-net-worth individuals...more
In October 2022, the Privy Council delivered its judgment in the Z Trust case of Equity Trust (Jersey) Ltd (Respondent) v Halabi (in his capacity as Executor of the Estate of the late Mdam Intisar Nouri) (Jersey) which was...more
1/3/2023
/ Bermuda ,
British Virgin Islands ,
Cayman Islands ,
Creditors ,
Hong Kong ,
Indemnification ,
Indemnity ,
Insolvency ,
Trustees ,
Trusts ,
UK Privy Council
Many high-net-worth individuals have used companies incorporated in offshore financial centres, such as the British Virgin Islands (“BVI”) to hold their assets and business. When they plan their estate or distribute the...more
The United Kingdom Supreme Court (the “UKSC”) recently delivered its eagerly anticipated judgment in BTI 2014 LLC v Sequana SA and others [2022 UKSC 25] (“Sequana”). The reasoning in Sequana will be highly persuasive in the...more
11/4/2022
/ Appeals ,
Breach of Duty ,
Cayman Islands ,
Directors ,
Fiduciary Duty ,
Good Faith ,
Insolvency ,
Jurisdiction ,
Shareholders ,
UK ,
UK Companies Acts ,
UK Supreme Court
In the recent judgment of Gol Linhas Aereas SA (formerly VRG Linhas Aereas SA) (Respondent) v MatlinPatterson Global Opportunities Partners (Cayman) II LP and others (Appellants) [2022] UKPC 21, the Privy Council upheld the...more
Conyers partner Jonathon Milne and associate Rowana-Kay Campbell in the Cayman Islands, and partner Anna Lin in Hong Kong, explain why the new Cayman restructuring regime is likely to be a welcome addition to the legislative...more
7/29/2022
/ Amended Legislation ,
Board of Directors ,
Business Litigation ,
Cayman Islands ,
Companies Act ,
Corporate Restructuring ,
Creditors ,
Debtors ,
Fiduciary Duty ,
Insolvency ,
Provisional Measures ,
Shareholders ,
UK