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:
Introduction
This legal guide summarises the key differences between a ‘voluntary strike off’ and a ‘voluntary winding up’ under the Companies (Guernsey) Law, 2008 (Companies Law). Both procedures bring a company’s existence to an end, but they differ in purpose, process, timing, cost and risk. This legal guide is designed to help clients determine the most appropriate route based on their circumstances.
Voluntary strike off
In Servis-Terminal LLC v Drelle [2025] EWCA Civ 62, the English Court of Appeal held that a bankruptcy petition cannot be presented based on an unsatisfied foreign judgment where the foreign judgment has not been recognised in that jurisdiction. This update considers the effect that decision may have on statutory demands and applications for the appointment of liquidators based on unrecognised foreign judgments in the British Virgin Islands.
The Hierarchy of the Courts of the Eastern Caribbean
A note on In the matter of Restore Builders Limited En Désastre [2024] JRC 290.
The Royal Court of Jersey has recently held, for the first time, that the actions of a Jersey company director constituted wrongful trading and ordered that he be personally liable for the company's debts and disqualified as a director for ten years.
Introduction