Debtors Bankruptcy Petitions

These will shortly be made by Debtors online. We comment further on the change below, but we note that it is consistent with the Government's approach on a number of fronts to cut the taxpayer's bill for court costs.

The Insolvency Service has confirmed in the summer edition of its quarterly newsletter that applications for bankruptcy orders by debtors (as distinct to creditors) will be moving from the Courts to an online portal run by the Insolvency Service with effect from April 2016.

When a corporate borrower faces financial difficulties, there are a variety of enforcement, restructuring and insolvency options available to creditors. From a creditor’s perspective, the choice of procedure will depend on whether the borrower has granted security. If security has been granted over the shares or the assets and undertakings of a Cayman Islands incorporated company pursuant to a Cayman Islands law governed security document, the most appropriate enforcement choice for any secured creditor may be receivership.

On 15 October 2012 the BVI Business Companies (Amendment) Act, 2012 (the “BC Amendment Act”) came into force. It made a number of changes to the BVI Business Companies Act, 2004, (the “BC Act”) generally, and more specifically it made significant changes to the voluntary liquidation process for solvent companies. A year on from the BC Amendment Act coming into force, we look at how the voluntary liquidation process has changed and how to avoid some potential pitfalls of the process.

Voluntary Liquidation