Gemma Bellfield (nee Lardner)
Partner | Legal
Cayman Islands
Partner
Cayman Islands
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Insight
15 August 2022
Cayman Islands
ON THIS PAGE
The Cayman Islands insolvency and restructuring industry is welcoming the introduction of the much-anticipated reforms to the jurisdiction's restructuring regime. These will come into force on 31 August 2022.
The reforms, which were originally published in 2021, will facilitate the efficient restructuring of distressed companies for the benefit of their stakeholders by, among other things:
Under the new regime, a company may petition the Court for the appointment of a restructuring officer on the grounds that it is or is likely to become unable to pay its debts and intends to present a compromise or arrangement to its creditors (Restructuring Petition). The Restructuring Petition will be a welcome tool for debtor companies seeking to reorganise their debts as:
The new restructuring regime also provides creditors with a number of important protections, some of which have been imported from the existing regime, and others which have enhanced prior protections. In particular:
Upon the appointment of restructuring officers pursuant to a Restructuring Petition, a number of measures have been introduced to streamline the reorganisation process, for the benefit of both debtor companies and their stakeholders. In particular:
The increased accessibility and flexibility introduced by the new restructuring regime will enable Cayman Islands companies to reorganise efficiently for the benefit of their stakeholders while ensuring that robust protections remain in place to provide creditors and shareholders with confidence in the restructuring process. It also demonstrates the Cayman Islands' commitment to developing and adapting its legislative regime to meet the ever-changing needs of large-scale cross-border restructuring in the modern economy.
Gemma Bellfield (nee Lardner)
Partner | Legal
Cayman Islands
Partner
Cayman Islands
Contact Gemma
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Nour Khaleq
Senior Associate | Legal
Cayman Islands
Senior Associate
Cayman Islands
Contact Nour
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Marc Kish
Partner | Legal
Cayman Islands
Partner
Cayman Islands
Contact Marc
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Oliver Payne 彭奥礼
Partner 合伙人 | Legal
Hong Kong
Partner 合伙人
Hong Kong
Contact Oliver
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Jeremy Snead
Partner | Legal
London, Cayman Islands, British Virgin Islands
Partner
London, Cayman Islands, British Virgin Islands
Contact Jeremy
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Ogier is a professional services firm with the knowledge and expertise to handle the most demanding and complex transactions and provide expert, efficient and cost-effective services to all our clients. We regularly win awards for the quality of our client service, our work and our people.
This client briefing has been prepared for clients and professional associates of Ogier. The information and expressions of opinion which it contains are not intended to be a comprehensive study or to provide legal advice and should not be treated as a substitute for specific advice concerning individual situations.
Regulatory information can be found under Legal Notice
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