ARTICLE
3 November 2021

Changes To The Cayman Restructuring Regime – Key Points

CO
Carey Olsen
Contributor
Carey Olsen is a leading offshore law firm. We advise on Bermuda, British Virgin Islands, Cayman Islands, Guernsey and Jersey law.
This initiative is a significant departure from the current position where an application for the appointment of a 'light touch' provisional liquidator, for the purpose of restructuring ...
Cayman Islands Insolvency/Bankruptcy/Re-Structuring
To print this article, all you need is to be registered or login on Mondaq.com.

The Cayman Islands' legislature has gazetted the Companies (Amendment) Bill 2021 ("Bill") which introduces a new corporate restructuring process and creates a role for a dedicated restructuring officer in the Cayman Islands.

This initiative is a significant departure from the current position where an application for the appointment of a 'light touch' provisional liquidator, for the purpose of restructuring, must be made as part of the winding up process. Under the changes, a restructuring officer can be appointed by a company acting by its directors without a resolution of its members or an express power in its articles of association. At any time after the presentation of a petition for the appointment of a restructuring officer:

  1. no proceedings shall be commenced or continued with against the company
  2. no resolution shall be passed for the company to be wound up; and
  3. no winding up petition may be presented against the company, except with leave of the Court.

These changes are a welcome development for the Cayman restructuring regime as they will free the company from the stigma and negative publicity associated with a winding up petition and permit more expedient access to a reorganisation of its affairs. Given the popularity of the Cayman Islands for foreign investment, this initiative will provide a more flexible and effective procedure for insolvency practitioners when dealing with distressed entities.  

The Bill can be accessed here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
3 November 2021

Changes To The Cayman Restructuring Regime – Key Points

Cayman Islands Insolvency/Bankruptcy/Re-Structuring
Contributor
Carey Olsen is a leading offshore law firm. We advise on Bermuda, British Virgin Islands, Cayman Islands, Guernsey and Jersey law.
See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More