Cayman Islands: Recognising and assisting Foreign Officeholders in Guernsey and the Cayman Islands
Introduction
Statutory assistance
Guernsey
Cayman Islands
Companies Law (2018 Revision)
- recognising the right of a foreign representative to act in the Cayman Islands on behalf of or in the name of the foreign company;
- enjoining the commencement or staying the continuation of legal proceedings against the foreign company;
- staying the enforcement of any judgment against the foreign company;
- requiring a person in possession of information relating to the business or affairs of the foreign company to be examined by and produce documents to its foreign representative; and
- ordering the turnover to the foreign representative of any property belonging to the foreign company.
- the just treatment of all holders of claims or interests in the foreign company's estate wherever they may be domiciled;
- the protection of claim holders in the Cayman Islands against prejudice and inconvenience in the processing of claims in the foreign bankruptcy proceeding;
- the prevention of preferential or fraudulent dispositions of property comprised in the foreign company's estate;
- the distribution of the foreign company's estate amongst creditors substantially in accordance with the order prescribed by Part V of the Companies Law (i.e. the order of distribution applicable to a liquidation commenced in the Cayman Islands);
- the recognition and enforcement of security interests created by the foreign company;
- the non-enforcement of foreign taxes, fines and penalties; and
- comity.
Published September 12, 2018
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