Process for liquidating mutual funds

These divergent decisions have created a position where there is real uncertainty about an investor’s ability to wind up a fund seeking to liquidate its assets.It would be desirable for the position to be clarified by the appellate courts (the final court of appeal for both the BVI and Cayman is the Privy Council).Mr Justice Jones’ line of judgments runs contrary to contemporaneous decisions of Mr Justice Bannister in the Courts of the British Virgin Islands (see for example Aris Multi-Strategy Lending Fund Ltd v Quantek Opportunity Ltd (15 December 2010, unreported).According to Mr Justice Bannister, a fund will not be wound up on “loss of substratum” grounds against the wishes of the majority, unless it can be shown that it is impossible, as opposed to impractical, for the business of the company to be carried on.Due to this, he found that the winding down of the fund by its own management was not something that the participating shareholders should have anticipated in the ordinary course of the fund’s business.Having made this finding, he decided that it followed, almost automatically, that liquidators should be appointed by the court.With careful drafting, the Achilles heel that the Heriot case highlights may be avoided..action_button.action_button:active.action_button:hover.action_button:focus,.action_button:hover.action_button:focus .count,.action_button:hover .count.action_button:focus .count:before,.action_button:hover .count:before.submit_button.submit_button:active.submit_button:hover.submit_button:not(.fake_disabled):hover.submit_button:not(.fake_disabled):focus._type_serif_title_large.js-wf-loaded [email protected] only screen and (min-device-width:320px) and (max-device-width:360px)


To determine this, you should consider a lot of other factors whether your company will lose its vendors listing, BEE status, long term contracts, annuity income, and status or presence in the market.

Once your company has been liquidated and you have made full disclosure to the liquidator and you have handed the company’s assets over to the liquidator your personal involvement is very limited.


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