Pitfalls And Misconceptions Of Cayman Company Shares

Law360, New York (October 31, 2013, 5:45 PM EDT) -- In commercial transactions involving secured lending to Cayman Islands vehicles (either directly, or to foreign companies with Cayman subsidiaries) it is a common practice for a charge over the shares of a Cayman company to be included in the suite of securities taken by the lender. As common as this commercial practice has become, the parties often have an imperfect understanding of the unique Cayman aspects of such securities and the considerations relevant to their enforcement.

While many of the essential legal principles underpinning the taking...
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