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Cayman Islands Bankruptcy Law
Cayman Islands bankruptcy law is principally codified in five statutes and statutory instruments: * the Bankruptcy Law (1997 Revision) * the Companies Law (2013 Revision) * the Companies Winding Up Rules 2008 (as amended) * the Insolvency Practitioners' Regulations 2008 (as amended) * the Foreign Bankruptcy Proceedings (International Cooperation) Rules 2008 These are supplemented by a number of practice directions of the Cayman Islands courts and a wide body of case law. Most of the recent emphasis of bankruptcy law reform in the Cayman Islands relates to corporate insolvency rather than personal bankruptcy. As an offshore financial centre, the Cayman Islands has more resident companies than citizens, and accordingly the courts a large amount of time dealing with corporate insolvency and reorganisation. Because a large number of Cayman Islands are listed on stock exchanges in major financial centres, and number of Cayman Islands corporate bankruptcies have generated a high pr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Butterfield Bank In Georgetown, Grand Cayman
Butterfield may refer to: * Butterfield (surname) * Butterfield Market Places * Butterfield, Dublin, a suburb and List of townlands of County Dublin, townland of Dublin, Ireland * Butterfield Green, Luton, England United States * Butterfield, Minnesota * Butterfield, Missouri * Butterfield, Texas * Butterfield Township, Michigan * Butterfield Township, Minnesota * Butterfield, Illinois Fiction * Butterfield, a fictional town in Kansas in L. Frank Baum's 1909 novel ''The Road to Oz'' * Butterfield, a fictional butler of Watkyn Bassett in Wodehouse's Jeeves stories * Brian Butterfield, overweight salesman character from ''The Peter Serafinowicz Show'' Other uses * Butterfield Bank, an international bank based in Bermuda * Butterfield & Butterfield, a large auction house based in San Francisco * ''BUtterfield 8'', a 1960 film with Elizabeth Taylor and Laurence Harvey based on a novel of the same name by John O'Hara * Butterfield Overland Mail, a stagecoach service in the Unite ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Harney Westwood & Riegels
Harney Westwood & Riegels (or Harneys) is a global offshore law firm that provides advice on British Virgin Islands, Cayman Islands, Cyprus, Luxembourg, Bermuda and Anguilla law to an international client base that includes law firms, financial institutions, investment funds, and private individuals. They have locations in major financial centers across Europe, Asia, the Americas and the Caribbean. In 2016 Harneys was named Offshore Law Firm of the Year by ''The Lawyer'' in its annual awards. History Harneys is the oldest and largest legal practice firm in the BVI. Combined with its affiliated fiduciary services business, Harneys is the second largest private employer in the BVI. The firm began in 1958 when Harold Harney formed the first resident legal practice firm to be set up in the BVI. He was joined by Neville Westwood in 1967 and Michael Riegels in 1973. Notable Harneys alumni include: * Michael Riegels QC, inaugural chairman of the British Virgin Islands Financial ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Caymanian Law
Caymanians are the status holders or born citizens of the Cayman Islands. As a British Overseas Territory, citizens of the Cayman Islands will hold British Overseas Territories Citizenship. There is no record of a native people to the Cayman Islands. Most Caymanians are of mixed European and African descent, coming from early British settlers and enslaved people from Africa. Since 21 May 2002, citizens of all the British Overseas Territories became British citizens under a new UK law, granting the people of every BOT, including the Cayman Islands, the right to live, study and work in the UK as a full citizen, as well as receive the same benefits given to British citizens in the UK. Ethnicities Most Caymanians are of mixed European and African ancestry. Although slavery occurred in the Cayman Islands, it was not as common in comparison to the rest of the Caribbean, therefore, when it was abolished, European and African residents seemed to integrate faster than other nati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cross-border Insolvency
Cross-border insolvency (sometimes called international insolvency) regulates the treatment of financially distressed debtors where such debtors have assets or creditors in more than one country. Typically, cross-border insolvency is more concerned with the insolvency of companies that operate in more than one country rather than bankruptcy of individuals. Like traditional conflict of laws rules, cross-border insolvency focuses upon three areas: choice of law rules, jurisdiction rules and enforcement of judgment rules. However, in relation to insolvency, the principal focus tends to be the recognition of foreign insolvency officials and their powers. Theories of cross-border insolvency There are, broadly, three approaches to the administration of cross-border insolvency: * The territorial approach, whereby each country exercises its own domestic insolvency laws in relation to all the debtor's property and all of the creditors located within its jurisdiction. This approach does ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Re MC Bacon Ltd (No 1)
''Re MC Bacon Ltd'' [1990] BCLC 324 is a leading UK insolvency law case, concerning transactions at an undervalue (Insolvency Act 1986, s 238) and Unfair preference, voidable preferences (Insolvency Act 1986, s 239). The court held that where a person granting security to a bank under commercial pressure from the bank, there was no "intention to prefer" the bank under the meaning in the Act. The granting of the security was a response to the commercial pressure, and not an intention to prefer one creditor above others. Although the decision is only a first instance decision in the United Kingdom, it has been followed in a number of other jurisdictions in relation to the proper determination of intention to prefer. Facts MC Bacon Ltd imported bacon, its main office on 192-194 Trundley’s Road, London. Started in 1973 it did normal bacon and then from 1983 diversified into gammon steaks, joints and rashered bacon. But in 1986 Dee Corporation, its principal supplier withdrew. Two ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scheme Of Arrangement
A scheme of arrangement (or a "scheme of reconstruction") is a court-approved agreement between a company and its shareholders or creditors (e.g. lenders or debenture holders). It may affect mergers and amalgamations and may alter shareholder or creditor rights. Schemes of arrangement are used to execute arbitrary changes in the structure of a business and thus are used when a reorganisation cannot be achieved by other means. They may be used for rescheduling debt, for takeovers, and for returns of capital, among other purposes. It is not a formal insolvency procedure, but it can be used alongside insolvency procedures such as administration. By country Australia In Australia, the relevant provisions for effecting a scheme of arrangement or reconstruction are located in Part 5.1 of the Corporations Act 2001 (Cth). Section 411(1) states that where a company and its creditors or shareholders propose a compromise or arrangement, the court can order a meeting or the creditors ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Insolvency Act 1986
The Insolvency Act 1986c 45 is an Act of the Parliament of the United Kingdom that provides the legal platform for all matters relating to personal and corporate insolvency in the UK. History The Insolvency Act 1986 followed the publication and most of the findings in the Cork Report, including the introduction of the Individual Voluntary Arrangement (IVA) and Company Voluntary Arrangement (CVA) procedures. Elements of the Act have been updated by the Enterprise Act 2002 which came into enforcement on 1 April 2004 and introduced amongst other things the popular "out-of-court" administration route.Lyndon Norley, Kirkland & Ellis International LLP and Joseph Swanson and Peter Marshall, Houlihan Lokey (2008). A Practitioner's Guide to Corporate Restructuring. City & Financial Publishing, 1st edition Those considering the main Act should also refer to the Insolvency Rules 1986 and numerous Regulations and other amending legislation since 1986, and also to the best practice which ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Subordinated Debt
In finance, subordinated debt (also known as subordinated loan, subordinated bond, subordinated debenture or junior debt) is debt which ranks after other debts if a company falls into liquidation or bankruptcy. Such debt is referred to as 'subordinate', because the debt providers (the lenders) have subordinate status in relationship to the normal debt. Subordinated debt has a lower priority than other bonds of the issuer in case of liquidation during bankruptcy, and ranks below: the liquidator, government tax authorities and senior debt holders in the hierarchy of creditors. Debt instruments with the lowest seniority are known as subordinated debt instruments. Because subordinated debts are only repayable after other debts have been paid, they are more risky for the lender of the money. The debts may be secured or unsecured. Subordinated loans typically have a lower credit rating, and, therefore, a higher yield than senior debt. A typical example for this would be when a pr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Buchler V Talbot
is a UK insolvency law case, concerning the priority of claims in a liquidation. Under English law at the time the expenses of liquidation took priority over the preferred creditors, and the preferred creditors took priority over the claims of the holder of a floating charge. However, a crystallised floating charge theoretically took priority over the liquidation expenses. Accordingly the courts had to try and reconcile the apparent triangular conflict between priorities. Facts In 1992, Leyland DAF Ltd, an English member of the Dutch group DAF Trucks, granted to Stichting Ofasec a mortgage debenture to secure a loan, containing a floating charge. In 1993, the DAF group collapsed, and Ofasec appointed administrative receivers, which crystallised the floating charge into a fixed charge. The receivers realised the assets, paid preferential debts, and made interim distributions to Ofasec. £72m remained. In the Netherlands, litigation was ongoing meaning this sum could have ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Floating Charge
A floating charge is a security interest over a fund of changing assets of a company or other legal person. Unlike a fixed charge, which is created over ascertained and definite property, a floating charge is created over property of an ambulatory and shifting nature, such as receivables and stock. The floating charge 'floats' or 'hovers' until the point at which it is converted ("crystallised") into a ''fixed charge'', attached to specific assets of the business. This crystallisation can be triggered by a number of events. In most common law jurisdictions it is an implied term in the security documents creating floating charges that a cessation of the company's right to deal with the assets (including by reason of insolvency proceedings) in the ordinary course of business leads to automatic crystallisation. Additionally, security documents will usually include express terms that a default by the person granting the security will trigger crystallisation. In most countries float ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Preferential Creditor
A preferential creditor (in some jurisdictions called a preferred creditor) is a creditor receiving a preferential right to payment upon the debtor's bankruptcy under applicable insolvency laws. In most legal systems, some creditors are given priority over ordinary creditors, either for the whole amount of their claims or up to a certain value. In some legal systems, preferential creditors take priority over all other creditors, including creditors holding security, but more commonly, the preferential creditors are only given priority over unsecured creditors. Some legal systems operate a hybrid approach; in the United Kingdom preferential creditors have priority over secured creditors whose security is in the nature of a floating charge, but creditors with fixed security take ahead of the preferential creditors generally. In English law the concept was first introduced for personal bankruptcy in 1825 pursuant to the Bankruptcy Act 1825, and for companies in 1888 pursuant to th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Security Interest
In finance, a security interest is a legal right granted by a debtor to a creditor over the debtor's property (usually referred to as the ''collateral'') which enables the creditor to have recourse to the property if the debtor defaults in making payment or otherwise performing the secured obligations. One of the most common examples of a security interest is a mortgage: a person borrows money from the bank to buy a house, and they grant a mortgage over the house so that if they default in repaying the loan, the bank can sell the house and apply the proceeds to the outstanding loan. Although most security interests are created by agreement between the parties, it is also possible for a security interest to arise by operation of law. For example, in many jurisdictions a mechanic who repairs a car benefits from a lien over the car for the cost of repairs. This lien arises by operation of law in the absence of any agreement between the parties. Most security interests are grant ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
