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    Avoiding The Nuclear Option: Buyout Orders In Just And Equitable Winding Up Proceedings
    2026-04-20

    With the Cayman Islands being a preferred jurisdiction for the incorporation of investment vehicles, inevitably cases will arise where non-controlling shareholders complain that they are being unfairly prejudiced by conduct of those in control, and necessarily pursue those complaints by way of proceedings to wind up the subject company on the just and equitable ground.

    Filed under:
    Cayman Islands, Insolvency & Restructuring, Litigation, Appleby, Liquidation
    Authors:
    Andrew Jackson
    Location:
    Cayman Islands
    Firm:
    Appleby
    Privy Council clarifies the scope of the just and equitable winding up jurisdiction in Aquapoint LP
    1969-12-31
    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Mourant, Liquidation, Articles of association, NASDAQ
    Authors:
    Nicholas Fox , Jessica Vickers , Lissette Williams-Fernandez
    Firm:
    Mourant
    Back to Basics - Dispute Series
    2026-04-27

    Winding-Up Petitions in the BVI - A Practical Guide For Creditors

    Filed under:
    British Virgin Islands, United Kingdom, Insolvency & Restructuring, Litigation, Appleby, Liquidation
    Authors:
    Daniel Mitchell , Kara Benjamin
    Location:
    British Virgin Islands, United Kingdom
    Firm:
    Appleby
    Company Liquidation Process in UAE Explained
    2026-04-08

    When a business in the UAE reaches the point where it can no longer continue, delay usually makes the legal and financial position worse. The company liquidation process in UAE is not just an administrative closure. It is a legal procedure that affects shareholder rights, creditor claims, employee dues, regulatory filings, bank accounts, visas, tax exposure, and in some cases director liability.

    Filed under:
    United Arab Emirates, Insolvency & Restructuring, Al Mazrouei Advocates, Liquidation
    Authors:
    Dr Alaa Nasr
    Location:
    United Arab Emirates
    Firm:
    Al Mazrouei Advocates
    UAE Insolvency Law for Businesses Explained
    2026-04-02

    Cash flow pressure rarely begins with a dramatic collapse. More often, it starts with delayed receivables, mounting supplier demands, pressure from lenders, and partners asking whether the business can still meet its obligations next month. At that stage, UAE insolvency law for businesses becomes more than a legal topic. It becomes a decision-making framework that can protect assets, preserve value, and reduce the risk of personal and corporate exposure.

    Filed under:
    United Arab Emirates, Insolvency & Restructuring, Al Mazrouei Advocates, Liquidation
    Authors:
    Dr Alaa Nasr
    Location:
    United Arab Emirates
    Firm:
    Al Mazrouei Advocates
    Voluntary liquidation and strike off of solvent Cayman Islands companies
    2026-03-25

    Broadly, the dissolution options for a solvent Cayman Islands company are either a voluntary liquidation or a strike-off. The appropriateness of either method will depend on the business history of the particular company and its current financial position.

    Preliminary steps

    Before commencing the formal dissolution process, it may be necessary to take some preliminary steps, including ensuring that:

    Filed under:
    Cayman Islands, Company & Commercial, Insolvency & Restructuring, Mourant Ozannes, Liquidation, Cayman Islands Monetary Authority
    Authors:
    Alex Last , Catherine Pham , Neal Lomax , Chris Nixon
    Location:
    Cayman Islands
    Firm:
    Mourant Ozannes
    Thailand’s Updated Bankruptcy Law: Prepackaged Bankruptcy Options
    2026-03-20

    Thailand is updating its Bankruptcy Act to introduce a formal pre-packaged rehabilitation mechanism, a reform recently approved by the House of Representatives and currently awaiting Senate review.

    This development represents a significant shift in the country’s corporate insolvency framework, building on foundations established after the 1997 Asian Financial Crisis while adapting international practices to Thailand’s legal context.

    Filed under:
    Thailand, Insolvency & Restructuring, Formichella & Sritawat Attorneys at Law, Liquidation
    Location:
    Thailand
    Firm:
    Formichella & Sritawat Attorneys at Law
    One wrong legal basis, one lost case: Managing director liability in a Hungarian Supreme Court decision
    2026-03-09

    When can a managing director be held personally liable in Hungarian liquidation proceedings—and when does the law allow the burden of proof to flip, making a creditor’s case dramatically easier to prove? This case shows that the answer depends not only on the director’s conduct, but on choosing the right legal basis in the statement of claim.

    1. Facts

    The defendant was the manager of the debtor (who has gone into liquidation) with independent representation rights and its sole member.

    Filed under:
    Hungary, Company & Commercial, Insolvency & Restructuring, Litigation, SMARTLEGAL Schmidt & Partners, Liquidation, Supreme Court (Hungary)
    Authors:
    Dr. Ágnes Bartus
    Location:
    Hungary
    Firm:
    SMARTLEGAL Schmidt & Partners
    Eversholt Rail (365) Limited (in liquidation) - “Everything forever” information request hits the buffers
    <br>
    2026-02-26

    In Webb and another (as liquidators of Eversholt Rail (365) Limited (in liquidation)) v Eversholt Rail Limited and another [2026] EWHC 101 (Ch), the High Court dismissed the liquidators’ appeal against a decision not to allow their extensive application for the production of documents under s.235 and s.236 of the Insolvency Act 1986 (IA 1986). The application had sought to reconstitute a special purpose company’s full corporate knowledge in circumstances where it had held no documents of its own.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Macfarlanes LLP, Liquidation
    Authors:
    Paul Keddie , Simon Beale
    Location:
    United Kingdom
    Firm:
    Macfarlanes LLP
    Serbian Companies Without Business Bank Accounts Face Compulsory Liquidation
    2026-02-23

    Maintaining a Business Account

    In Serbia, maintaining at least one business bank account is not merely a practical necessity for businesses - it is a legal obligation.

    Filed under:
    Serbia, Banking, Company & Commercial, Insolvency & Restructuring, JPM & Partners, Liquidation, Due diligence, Banks
    Authors:
    Mirjana Milosevic
    Location:
    Serbia
    Firm:
    JPM & Partners

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