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Introduction
Our lawyers play a leading role in some of the high-profile insolvency related cases which are cross-border in scope and require efficient coordinated advice.
These entities often face complex problems in dealing with enforcement of security, asset tracing, schemes of arrangement and other Court driven restructurings.
Loeb Smith provides the necessary Cayman Island and British Virgin Islands law expertise to resolve these issues.
Our Insolvency and Corporate Restructuring team is highly experienced in:
- Debt & Equity Rescheduling & Refinancing
- Distressed situations, distressed asset investing, distressed M&A
- Distressed funds and private equity
- Funds restructuring
- Banking and corporate restructuring and reorganization
- Winding-up proceedings
- Liquidations
- Solvent and insolvent restructuring
- Member and creditor schemes of arrangement/creditors’ rights
- Cross-border issues
- Contentious and non-contentious insolvencies
- Constructive trust proceedings
- Investor and shareholder rights
- Negligence and breach of duty claims
- Policies and best practice
- Statutory remedies
- Appointment and removal of liquidators, receivers, and provisional liquidators
- Enforcement of security
- Asset recovery
News and Insights
BVI treatment of DAOs in insolvency
By way of an update on our recent publication (which can be found here) that the Financial Action Task Force (FATF) had determined that the Cayman Islands has substantively fulfilled its action plan, and following completion of a recent on-site visit by the FATF, the Cayman Islands has…
Loeb Smith Attorneys Advises Alpha Technology Group Limited and Lion Group Holding Ltd in their Share Capital Restructuring
Hong Kong (January 9, 2025) Loeb Smith Attorneys, one of the leading offshore corporate law firms with a strong growing presence in the APAC region, has recently advised Alpha Technology Group Limited (Nasdaq: ATGL), a British Virgin Islands company, and Lion Group Holding Ltd (Nasdaq: LGHL), a Cayman…
Cayman Islands: The New Regime For Restructuring Officers.
On 31 August 2022, the Cayman Islands introduced the restructuring officer regime by making certain amendments to the Cayman Islands Companies Act. Please see link below to an article first published in IFC Review where Gary Smith and Robert Farrell consider the benefits of the Regime now that…
Aubit International: Guidance on the Appointment of Restructuring Officers in the Cayman Islands
In August 2022, the Cayman Islands introduced the restructuring officer regime (the “Regime”) by amending the Cayman Islands Companies Act (the “Act”). Please see our previous briefings on this subject here. By way of summary, the Regime permits the presentation of a petition by a company for the…
Cayman Islands Court provides further guidance on the insolvency considerations for Segregated Portfolio Companies
The Grand Court of the Cayman Islands has recently offered additional, useful guidance in the growing jurisprudence on the insolvency of Segregated Portfolio Companies (“SPCs”). We have previously discussed the applicable test of insolvency that applies to the appointment of a receiver in respect of a segregated portfolio…
Cayman court rules on the test of insolvency for receivership of a segregated portfolio of an SPC
The Grand Court in the Cayman Islands recently confirmed the appropriate insolvency test to be applied pursuant to section 224 of the Companies Act (2021 Revision) (“Companies Act”) in respect of a Cayman Islands segregated portfolio company (“SPC”), in a judgment delivered in respect of Obelisk Global Fund…
