Cayman Islands: Insolvency/Bankruptcy

The Cayman Islands serves as a premier international financial centre where substantial wealth is structured through various entities, making it a critical jurisdiction for cross-border asset recovery disputes. This comprehensive guide examines the robust legal framework and powerful mechanisms available under Cayman Islands law for parties seeking to trace, preserve, and recover assets across multiple jurisdictions.

Stuarts Humphries has earned recognition as a compact independent firm delivering exceptional value in funds counsel, cryptocurrency expertise, and regulatory compliance. Clients praise the firm's responsiveness, real-world solutions, and partners who roll up their sleeves to provide personalized service. The firm balances business acumen with legal precision while offering substantial value compared to larger competitors in the jurisdiction.

The Cayman Islands Grand Court has introduced Rule 7A, granting express powers for pre-action discovery and non-party discovery in civil proceedings. This procedural reform addresses significant gaps in the court's framework by providing a codified mechanism for obtaining documents before litigation commences and from non-parties during ongoing proceedings.

In this seven part series, Barnabas Finnigan and Nick Ward dissect special purpose vehicles and bankruptcy-remote orphan structures of the type used in the US CLO market.

The Cayman Islands currently have no form of income, corporate or capital gains tax and no estate duty, inheritance tax or gift tax. Stamp duty may be payable on documents executed in, or brought to, the Cayman Islands...

Marcus Staff verifies that trusts imposed by law aren't wagging the voluntary trust dog by cross-checking that principles laid down about constructive trusts...

Part XIX of the BVI Insolvency Act provides a comprehensive code for the assistance that is available to foreign representatives appointed in foreign insolvency proceedings.

After much anticipation, the Judicial Committee of the Privy Council ("JCPC") has handed down its judgment in Sian Participation Corp (In Liquidation) v Halimeda International Ltd [2024] UKPC 16 ("Sian") on appeal...

A Cayman Islands solvent company may be dissolved either (i) by voluntary liquidation; or (ii) strike off.