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    BVI adoption of Judicial Insolvency Guidelines: Q&A with Nicholas Brookes from Ogier's BVI Dispute Resolution team
    2017-06-07

    International guidelines on cross-border insolvency matters have recently been adopted by the BVI courts. The Judicial Insolvency Network guidelines – drafted in 2016 by ten insolvency judges from international jurisdictions, including a BVI Commercial Court Judge – aim to create co-operation and communication between courts on cross-jurisdiction proceedings, and to minimise the time and expense involved in litigation.

    Filed under:
    British Virgin Islands, Global, Insolvency & Restructuring, Ogier, Liquidation
    Location:
    British Virgin Islands, Global
    Firm:
    Ogier
    When is a redemption effective: Reserve International Liquidity Fund Ltd
    2010-05-12

    The British Virgin Islands Commercial Court has recently delivered a decision in Western Union International Limited v Reserve International Liquidity Fund Ltd which addresses the issue of when during the redemption process a redeeming investor becomes a creditor of the fund and is therefore entitled to apply for the appointment of a liquidator.

    Filed under:
    British Virgin Islands, Insolvency & Restructuring, Litigation, Ogier, Share (finance), Shareholder, Dividends, Market liquidity, Liquidation, Articles of association, Unsecured creditor, Bankruptcy of Lehman Brothers, Net asset value, Companies Act 2006 (UK), Lehman Brothers
    Location:
    British Virgin Islands
    Firm:
    Ogier
    Insolvency proceedings and foreign companies
    2015-01-23

    Two recent decisions of the UK courts concern UK liquidation and administration of foreign companies

    Refusal to Wind-Up Foreign Companies: Re Buccament Bay Limited [2014] EWHC 3130 (Ch)

    The High Court of England and Wales may refuse to exercise its discretion to wind up companies incorporated abroad where there would be little likelihood of the petitioners deriving benefit from the winding-up.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Ogier, Liquidation
    Authors:
    Nicholas Brookes
    Location:
    United Kingdom
    Firm:
    Ogier
    When is a redemption effective?: Reserve International Liquidity Fund Ltd
    2010-04-30

    The British Virgin Island’s Commercial Court has recently delivered a decision in Western Union International Limited v Reserve International Liquidity Fund Ltd which addresses the issue of when during the redemption process a redeeming investor becomes a creditor of the fund and is therefore entitled to apply for the appointment of a liquidator.

    Filed under:
    British Virgin Islands, Capital Markets, Insolvency & Restructuring, Litigation, Ogier, Share (finance), Shareholder, Dividends, Market liquidity, Liquidation, Articles of association, Liquidator (law), Unsecured creditor, Bankruptcy of Lehman Brothers, Net asset value, Companies Act 2006 (UK), Lehman Brothers
    Authors:
    Simon Schilder
    Location:
    British Virgin Islands
    Firm:
    Ogier
    Transfers of shares of Cayman companies in liquidation
    2014-03-24

    Over the past two or three years, we have seen an increasing number of cases where a client holds and wishes to sell or transfer shares in a Cayman Islands company which is in liquidation, or is seeking to purchase shares in such a company from another party.  In those circumstances, the transfer of the shares would be void absent the validation of the Grand Court of the Cayman Islands, as a result of section 99 of the Companies Law (2013 Revision) ("Section 99").  Section 99 is in the following terms:

    Filed under:
    Cayman Islands, Insolvency & Restructuring, Private Client & Offshore Services, Ogier, Share (finance), Liquidation
    Authors:
    Angus Davison , Giorgio Subiotto
    Location:
    Cayman Islands
    Firm:
    Ogier
    Just and equitable winding up in Jersey - the most appropriate remedy?
    2010-01-30

    Introduction

    Filed under:
    Jersey, Insolvency & Restructuring, Litigation, Ogier, Conflict of interest, Fiduciary, Option (finance), Liability (financial accounting), Liquidation, Balance sheet, Cashflow, Liquidator (law), Misappropriation
    Authors:
    Edward Mackereth
    Location:
    Jersey
    Firm:
    Ogier
    Close-out netting and set-off provisions for BVI, Cayman Islands, Guernsey, Jersey and Luxembourg counterparties
    2013-11-05

    Introduction

    Filed under:
    British Virgin Islands, Cayman Islands, Guernsey, Jersey, Luxembourg, Derivatives, Insolvency & Restructuring, Private Client & Offshore Services, Ogier, Swap (finance), Limited partnership, Liquidation, International Swaps and Derivatives Association
    Authors:
    Bruce MacNeil
    Location:
    British Virgin Islands, Cayman Islands, Guernsey, Jersey, Luxembourg
    Firm:
    Ogier
    Claims against insolvent funds
    2009-07-31

    The drafting changes just discussed are primarily intended to ensure that funds do not become embroiled in contractual disputes, but in a global recession more and more funds are finding themselves in disputes that threaten to end up, and sometimes do end up, before the courts. In this chapter we analyse the legal issues surrounding key matters in the current litigious environment and cover the following:  

    Filed under:
    Cayman Islands, Insolvency & Restructuring, Litigation, Ogier, Share (finance), Shareholder, Fraud, Audit, Liquidation, Articles of association, Liquidator (law), Net asset value, Arbitrage, High Court of Justice
    Location:
    Cayman Islands
    Firm:
    Ogier
    The company administration regime in Guernsey
    2013-03-08

     

    Introduction

    Filed under:
    Guernsey, Insolvency & Restructuring, Private Client & Offshore Services, Ogier, Liquidation
    Authors:
    Simon Davies , Mathew Newman
    Location:
    Guernsey
    Firm:
    Ogier
    Insolvency of Guernsey funds
    2009-07-15

    Introduction

    If a fund is insolvent, it is either not able to pay its debts as they fall due, or its assets are less than its liabilities. An investor/creditor will have the ability to put the fund into a formal insolvency procedure and, in most cases, appoint an independent third party to take control of the assets and investigate the conduct of the fund’s directors, managers and other controlling functionaries. Defined terms in this article are the same as the terms which were defined in the potential causes of action article.  

    Filed under:
    Guernsey, Capital Markets, Insolvency & Restructuring, Ogier, Legal personality, Debtor, Collateral (finance), Board of directors, Debt, Personal property, Limited partnership, Liability (financial accounting), Liquidation, Balance sheet, Investment funds, Cashflow, Liquidator (law)
    Location:
    Guernsey
    Firm:
    Ogier

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