In its recent judgment in Re Atlas Capital Markets LLC [2026] CIGC (FSD) 19, the Grand Court considered itself bound to make a supervision order pursuant to s.131(b) of the Companies Act, notwithstanding that the company was the subject of a pending just and equitable winding up (J&E) petition when its voluntary liquidation was commenced; and rejected an attack on the joint voluntary liquidators’ (JVLs) independence, which was principally based on a misreading of the JVLs’ evidence and lacked any objective foundation. The authors, who successfully represented the JVLs in obtaining the supervision order, discuss this important judgment further below – which is believed to be the first decision on the interplay between supervision applications and J&E proceedings under the Companies Act – and offer their views on the guidance that shareholders petitioning on the just and equitable ground may derive from it in future cases. The challenge to the JVLs’ independence was rejected on the well-established principles which Doyle J discussed in Re Global Fidelity Bank [2021] 2 CILR 361, and is not discussed in further detail below.
Back to Basics - Dispute Series
Winding-Up Petitions in the BVI – A Practical Guide For Creditors Applying to appoint a BVI liquidator is one of the most cost effective and efficient tools available to creditors who want to recover debts or liabilities from BVI companies and is often a go-to strategy where simpler methods of debt collection have failed. Once appointed, a liquidator has a broad range of immediate powers including the ability to take possession and control of all of the company’s assets. In this guide, we highlight the process and the key principles for creditors to consider prior to and during the liquidator appointment process.
Economic substance regime now falls under Cita
Recent amendments to Bermuda’s economic substance regime have transferred regulatory responsibility from the Registrar of Companies to the Corporate Income Tax Agency.
Guide to Mergers & Acquisitions (M&A) in Bermuda 2026
A guide to Mergers & Acquisitions (M&A) law and practices in Bermuda, with a focus on key areas including deal structure, due diligence requirements, regulatory frameworks, treatment of seller liability, deal process, hostile bids and other trends across the M&A sector in the jurisdiction.
The Cayman International Reinsurance Commercial Association (CIRCA) held its annual conference, [Re]Connect, last week at the Ritz-Carlton, Grand Cayman. This year’s [Re]Connect has once again demonstrated Cayman’s growing influence in global reinsurance and the strength of the jurisdiction’s regulatory, professional and commercial ecosystem. The event brought together 675 registered delegates, including reinsurers, cedants, major US law firms, audit firms, tax practices, asset managers, overseas regulators, industry leaders and rating agencies – as well as Appleby Cayman’s [Re]Insurance Team, with Miriam Smyth, Regulatory Counsel, speaking on a panel of experts on structuring, licensing and operating a Cayman insurer.
The Privy Council's decision in FamilyMart China Holding Co Ltd v Ting Chuan (Cayman Islands) Holding Corp [2023] UKPC 33 is a landmark ruling that distinguishes the arbitrability of underlying shareholder disputes from the court's exclusive jurisdiction over just and equitable winding-up of a Cayman company.
Regulation, Regulation, Regulation
The article discusses updates to global trust guidance and regulation, as well as beneficial ownership and the regulatory burden on trustees that comes with increased transparency.
Prospects of Asian Companies in U.S. Listings in 2026
Nasdaq introduced a series of rule changes in 2025 to raise minimum requirements for public float and offering size for certain new listings.
Avoiding The Nuclear Option: Buyout Orders In Just And Equitable Winding Up Proceedings
With the Cayman Islands being a preferred jurisdiction for the incorporation of investment vehicles, inevitably cases will arise where non-controlling shareholders complain that they are being unfairly prejudiced by conduct of those in control, and necessarily pursue those complaints by way of proceedings to wind up the subject company on the just and equitable ground. Where such complaints are well-founded, the outcome will often be an order putting the subject company into official liquidation. But the Cayman courts also have the jurisdiction in such cases to make a range of other orders as alternatives to taking that nuclear option, and are indeed obliged to consider whether any of those alternative orders would provide a more appropriate solution to the complaints.[1] The Grand Court was recently required to conduct that analysis in the case of Re Position Mobile Ltd SEZC.[2] The petitioning shareholder in that case had satisfied the Court that it would be just and equitable to wind up the company – since it had justifiably lost confidence in the probity of those in control, due to their serious and sustained misconduct and mismanagement – but positively sought a buyout order[3] as an alternative to a winding up. The Court thus proceeded to consider whether the buyout order, or any other alternative order, would be more appropriate than ordering a winding up, and concluded that a buyout order was the fairest and most appropriate form of relief in the circumstances of that case. The authors will discuss the guidance which the Position Mobile case provides in that regard below, which should be considered together with the guidance provided by Re Madera Technology Fund (CI) Ltd,[4] particularly in respect of the approach that the Cayman courts can be expected to take when setting the appropriate valuation date for a buyout order, with a view to ensuring that the valuation is fair to each side.[5] [1] See Re Virginia Solution SPC Ltd (unrep. 28 July 2023, CICA) at [61]. [2] [2026] CIGC (FSD) 10 [3] Requiring the respondent shareholders to purchase its shares at a fair price. [4] (unrep. 21 Aug. 2024, Richards J). [5] For further detail, see the authors’ article on the Madera Technology case at https://www.applebyglobal.com/publications/no-looking-back-investor-held-to-buyout-at-current-value-of-shares/.
2026 Guide to Asset Tracing and Recovery in the Cayman Islands
This country-specific Q&A provides an overview of Asset Tracing & Recovery laws and regulations applicable in the British Virgin Islands.
2026 Guide to Asset Tracing and Recovery in the Cayman Islands
This country-specific Q&A provides an overview of Asset Tracing & Recovery laws and regulations applicable in Cayman Islands.
Bermuda: Asset Tracing and Recovery
This country-specific Q&A provides an overview of Asset Tracing & Recovery laws and regulations applicable in Bermuda.
