{"kind":"expression","expression":{"expr_id":"701","doc_id":"701","label":"SL 92 of 2017","is_as_enacted":"t","commenced_on":null,"superseded_on":null,"valid_from":null,"valid_to":null,"is_current":"t","incorporating":null,"akn_expr_iri":"\/akn\/ky\/act\/sl\/2017\/92\/eng@2017-01-01","akn_envelope":"{\"_canary\": {\"iri\": {\"work\": \"\/akn\/ky\/act\/sl\/2017\/92\", \"expression\": \"\/akn\/ky\/act\/sl\/2017\/92\/eng@2017-01-01\", \"manifestation\": \"\/akn\/ky\/act\/sl\/2017\/92\/eng@2017-01-01.pdf\"}, \"pdf\": {\"md5\": \"3d4e1c84370881c5217d0562356bca24\", \"path\": \"\/Users\/q\/kyleg-data\/working\/SUBORDINATE\/2017\/2017-0092\/2017-0092_SL 92 of 2017.pdf\", \"pages\": 17, \"filename\": \"2017-0092_SL 92 of 2017.pdf\"}, \"errors\": [], \"extraction\": {\"model\": null, \"stats\": {\"word_count\": 3515, \"paragraph_count\": 12, \"text_char_count\": 21846}, \"usage\": null, \"method\": \"pymupdf-text\", \"version\": \"kyleg-akn-1.0\", \"extracted_at\": \"2026-06-22\"}, \"classification\": \"text_layer\", \"validation_flags\": [], \"docai_processor_id\": null}, \"akomaNtoso\": {\"act\": {\"body\": [{\"eId\": \"sec_n1\", \"num\": null, \"text\": \"Gazette No. 103 dated 6 December, 2017. FOREIGN BANKRUPTCY PROCEEDINGS (INTERNATIONAL CO-OPERATION) RULES, 2018 FOREIGN BANKRUPTCY PROCEEDINGS (INTERNATIONAL CO-OPERATION) RULES, 2018 The following rules are made by the Insolvency Rules Committee in exercise of the powers conferred by Section 155(1) of the Companies Law 2016 (2016 Revision) (as amended)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Citation, Application, Commencement and Interpretation (1) These Rules shall be cited as the Foreign Bankruptcy Proceedings (International Co-operation) Rules, 2018. (2) These Rules shall apply to every application made, or notice filed, pursuant to Part XVII of the Companies Law (2016 Revision) (as amended) (\\\"the Law\\\"). (3) These Rules shall come into force on the date stated in the commencement order, referred to in these Rules as the \\\"commencement date\\\".  No application, order or direction made under Part XVI of the Companies Law (2007 Revision) (as may have been revised or amended) (and renumbered as Part XVII of the Companies Law (2009 Revision) and subsequent Revisions) before the commencement date shall be treated as a non-compliance with these Rules provided that it complied with the rules, practice directions or procedure then in force. (4) Words and expressions used in the Law shall have the same meaning when used in these Rules. (5) The forms contained in the Appendix to these Rules shall be used where applicable, with such variations as the circumstances of the particular case may require. 1A. General provisions (1) The Grand Court Rules, 1995 (as amended and revised) (\\\"the GCR\\\") shall apply to proceedings pursuant to Part XVII of the Law save to the extent that they are inconsistent with Part XVII of the Law or these Rules. (2) GCR Order 102, r. 16 shall not apply to proceedings pursuant to Part XVII of the Law. (3) No order for security for costs shall be made against a foreign representative on any application pursuant to section 241.  Nothing in this Rule shall derogate from the power of the Court of Appeal to make orders for security for costs in respect of any proceedings before that court.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Application pursuant to section 241(1)(a) (1) An application by a foreign representative made pursuant to Section 241(1)(a) of the Law for a declaration that he is entitled to act on behalf of a debtor shall be made by petition. (2) Any such petition shall be advertised, and if the petitioner seeks any relief pursuant to section 241(1)(b)-(e) then the petition shall be served only on such persons as the Court may direct. (3) A petition under this rule shall state :- (a) particulars of the debtor's incorporation; (b) the nature and place of the debtor's business; (c) the court or other authority by which the foreign representative was appointed; (d) the powers and duties of the foreign representative under the law of the place of his appointment; and (e) the reasons for seeking a declaratory order. (4) A petition under this rule shall be verified by an affidavit sworn by the foreign representative.  Where more than one foreign representative has been appointed in respect of a debtor, whether jointly or jointly and severally, one of the foreign representatives may swear the affidavit in support of the petition for and on behalf of all the foreign representatives. (5) A certified copy or an office copy of the order of the court or other authority by which the foreign representative was appointed shall be exhibited to the verifying affidavit. (6) A petition under this rule shall be supported by an affidavit of foreign law which sets out the powers and duties of the foreign representative under the law of the place of his appointment. (7) A declaratory order under this rule shall be in Form 1 and shall be published in the Gazette within 7 days of the making of the declaratory order and in such other newspaper or website, and at such times, as the Court may direct.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Application pursuant to section 241(1)(b)-(e) (1) An application by a foreign representative for any relief pursuant to section 241(1)(b)-(e) where he has already obtained a declaration pursuant to section 241(1)(a) shall be made by summons.  Such summons shall be served on every respondent to the application and shall be supported by an affidavit sworn by the foreign representative containing full particulars of \u2013 (a) the facts and matters relied upon in support of the allegation that the respondent is a \\\"relevant person\\\" within the meaning of the Law; (b) the reasons for seeking the order against the respondent. (2) An order made under this rule shall be in Form 2 or 3 or 4 or 5 as may be appropriate. (3) The examination may be conducted by \u2013 (a) the foreign representative; or (b) a person acting with the authority of the foreign representative, including his attorney or a foreign lawyer. (4) The examination shall take place in private at the time and place specified in the order or at such other time and place as may be agreed between the examinee and the foreign representative. (5) The examinee shall be entitled to have his attorney and\/or foreign lawyer present at the examination, but such attorney or foreign lawyer shall not be entitled to participate in the examination by putting questions to the examinee unless permitted to do so by the foreign representative or other person conducting the examination. (6) The examinee shall take all such steps as may be reasonably necessary to inform himself of the matters about which he is to be examined and the foreign representative or other person conducting the examination may adjourn the examination for this purpose. (7) The examinee shall be given an opportunity to review all the documents intended to be put to him in advance of the examination, for which purpose the foreign representative or other person conducting the examination may provide the examinee with copies. (8) The examination shall be conducted in the form of questions and answers.  The examination shall be recorded by a court reporter.  The court reporter shall prepare a transcription of the examination and certify it as a complete and accurate transcription. (9) The court reporter shall record the names and addresses of all the persons present and the times(s) at which the examination commenced and finished. (10) The examination shall be carried out under oath. (11) The documents referred to during the examination must be identified but need not be exhibited to the transcript unless the foreign representative or other person conducting the examination requires that some or all of them be exhibited. (12) The examinee shall answer all the questions put to him (subject to any claim of selfincrimination or legal professional privilege) which are within his knowledge or means of knowledge regarding any matter within the scope of the order and is compellable to give the names and addresses of all persons who reasonably might be expected to have knowledge. (13) Where an examinee objects to answering any questions put to him, he must state the grounds of his objection and the foreign representative may apply to the Court for an order that the question be answered.  Any such application shall be made on notice to the Respondent. (14) If the Court determines that the examinee had no valid ground of objection, it may order him to submit to a further examination and pay the costs occasioned by his objection.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Notice of Foreign Bankruptcy Proceedings (1) Whenever a company which is incorporated under Part II of the Law or registered under Part IX of the Law is made the subject of a foreign bankruptcy proceeding, notice of this fact shall be filed with the Registrar and published in the Gazette. (2) The notice required to be filed with the Registrar shall be in Form 6 and shall have annexed to it a certified copy of the order, notice or other document which evidences the commencement and existence of the foreign bankruptcy proceeding and, if such document is in a language other than English, an English translation of it.  The notice shall be filed by the company's liquidator or, if no liquidator has been appointed under the Law, by its directors within 14 days of the date upon which the foreign bankruptcy proceeding commenced. (3) The notice in Form 6 shall be published without its annexures in the Gazette not later than 21 days after the date on which the notice was filed with the Registrar. Made by the Insolvency Rules Committee on the 27th day of November 2017. The Honourable Andrew Jones Q.C., Chairman The Honourable Sam Bulgin Q.C., Attorney-General Colin McKie Q.C., Legal Practitioner Hector Robinson QC, Legal Practitioner Simon Conway, Insolvency Practitioner Jude Scott CPA, Public Accountant This Order was filed by [state name of the attorneys acting on behalf of the petitioner(s)] whose address for service is [address within the jurisdiction and contact details]. APPENDIX - PRESCRIBED FORMS Form No 1 Recognition Order IN THE GRAND COURT OF THE CAYMAN ISLANDS FINANCIAL SERVICES DIVISION FSD CAUSE NO:           OF 20 __ In Open Court [date of order] The Honourable Mr(s) Justice [ ] IN THE MATTER OF Part XVII of the Companies Law AND IN THE MATTER OF [state name of debtor] RECOGNITION ORDER UPON the application of [state name and address of foreign representative(s)] by [his\/their] petition dated [state date] for an order recognising [his\/their] right to act in the Islands on behalf of or in the name of [state name of debtor] (the \\\"Debtor\\\") AND UPON reading [set out all the relevant affidavits] AND UPON hearing counsel for [the foreign representative(s)] AND UPON [hearing counsel for any persons upon whom the petition was served] [and\/or][being satisfied that the petition was served on [state name] and upon [state name] not appearing] IT IS ORDERED AND DECLARED that [name of foreign representative(s) is\/are hereby recognised as the only person(s) entitled to act in the Islands on behalf of [or in the name of] the Debtor.] [Further orders or directions made pursuant to section 241(1)(b)-(e).] This Order was filed by [state name of the attorneys acting on behalf of the petitioner(s)] whose address for service is [address within the jurisdiction and contact details]. Dated the day of 20___ Filed the day of 20___ ____________________________________________ The Honourable Mr(s) Justice [name of assigned Judge] JUDGE OF THE GRAND COURT This Order was filed by [state name of the attorneys acting on behalf of the petitioner(s)] whose address for service is [address within the jurisdiction and contact details]. Form No 2 Injunction IN THE GRAND COURT OF THE CAYMAN ISLANDS FINANCIAL SERVICES DIVISION FSD CAUSE NO:       OF 20__ In [Open Court][where application is by petition or summons][Chambers][where application is by summons] [date of order] The Honourable Mr(s) Justice [ ] IN THE MATTER OF Part XVII of the Companies Law AND IN THE MATTER OF [state name of debtor] [and where application is made by summons -] [BETWEEN: [State name of foreign representative(s)], foreign representative(s) of [state name of debtor] Petitioner(s) AND: [State name of respondent] Respondent INJUNCTION UPON the application of the Petitioner(s) by [his\/their] [summons][petition] dated [state date] for an injunction to restrain [state name] from commencing proceedings against [state name of debtor] (the \\\"Debtor\\\") AND UPON reading [set out all the relevant affidavits] AND UPON hearing counsel for the Petitioner(s) [and the Respondent] [AND UPON the Petitioner(s) undertaking by his\/their counsel [set out any undertakings given]] This Order was filed by [state name of the attorneys acting on behalf of the petitioner(s)] whose address for service is [address within the jurisdiction and contact details]. IT IS ORDERED that: 1. [name] [, whether by its directors, officers, agents or otherwise,] is hereby restrained from commencing any proceedings against the Debtor for [state nature of threatened proceedings] without the prior leave of the Court. 2. [Further or other directions.] Dated the day of 20__ Filed the day of 20__ ______________________________________________ The Honourable Mr(s) Justice [name of assigned Judge] JUDGE OF THE GRAND COURT This Order was filed by [state name of the attorneys acting on behalf of the petitioner(s)] whose address for service is [address within the jurisdiction and contact details]. Form No 3 Order for a Stay of Enforcement IN THE GRAND COURT OF THE CAYMAN ISLANDS FINANCIAL SERVICES DIVISION FSD CAUSE NO: OF 20__ In [Open Court][Chambers] [date of order] The Honourable Mr(s) Justice [ ] IN THE MATTER OF Part XVII of the Companies Law AND IN THE MATTER OF [state name of debtor] AND BETWEEN: [State name of foreign representative(s)], foreign representative(s) of [state name of debtor] Petitioner(s) AND: [State name of respondent] Respondent ORDER FOR A STAY OF ENFORCEMENT UPON the application of the Petitioner(s) by [his\/their] summons dated [state date] for a stay of enforcement in respect of the judgment dated [state date] and given against [state name of debtor] in cause number [ ] (\\\"the Judgment\\\") AND UPON reading [set out all the relevant affidavits] AND UPON hearing counsel for the parties [AND UPON the Petitioner(s) undertaking by his\/their counsel [set out any undertakings given]] IT IS ORDERED that: 1. The Respondent shall not commence enforcement proceedings [or shall take no further steps in respect of [identify enforcement proceedings already commenced]] in respect of the Judgment This Order was filed by [state name of the attorneys acting on behalf of the petitioner(s)] whose address for service is [address within the jurisdiction and contact details]. without the prior leave of the Court. 2. [Further or other directions.] Dated the day of 20__ Dated the day of 20__ _____________________________________________ The Honourable Mr(s) Justice [name of assigned Judge] JUDGE OF THE GRAND COURT This Order was filed by [state name of the attorneys acting on behalf of the petitioner(s)] whose address for service is [address within the jurisdiction and contact details]. Form No 4 Order for Examination IN THE GRAND COURT OF THE CAYMAN ISLANDS FINANCIAL SERVICES DIVISION FSD CAUSE NO: OF 20__ In [Open Court][Chambers] [date of order] The Honourable Mr(s) Justice [ ] IN THE MATTER OF Part XVII of the Companies Law AND IN THE MATTER OF [state name of debtor] BETWEEN: [State name of foreign representative(s)], foreign representative(s) of [state name of debtor] Petitioner(s) AND: [State name of examinee] Respondent ORDER TO PRODUCE DOCUMENTS AND FOR EXAMINATION UPON the application of the Petitioner(s) by [his\/their] summons dated [state date] for an order that the Respondent produce documents relating to, [and\/or be examined by the Petitioner(s),] about the business or affairs of [state name of debtor] (\\\"the Debtor\\\"), AND UPON reading [set out all the relevant affidavits] AND UPON hearing counsel for the parties [AND UPON the Petitioner(s) by [his\/their] counsel undertaking [set out details of undertaking]] IT IS ORDERED that: This Order was filed by [state name of the attorneys acting on behalf of the petitioner(s)] whose address for service is [address within the jurisdiction and contact details]. 1. The Respondent shall deliver up to the Petitioner(s), or [his\/their] attorneys, all of the documents specified in Schedule One to this order on or before [state date]. 2. For the purpose of the examination referred to below, the Petitioner(s) shall provide to the Respondent copies of all of the documents specified in Schedule Two to this Order on or before [state date]. 3. The Respondent shall attend at [state address in the Cayman Islands] on [state date] at [state time] (or at such other place [in the Cayman Islands] and on such other date and time as may be agreed with the Petitioner(s)) to be examined orally and on oath by or on behalf of the Petitioner(s) about the business and affairs of the Debtor more particularly described in Schedule Three to this order. 4. The examination may be adjourned from time to time.  Each session of the examination shall last no more than four (4) hours and the examination shall not last longer than [state time] in total without a further order of the Court.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"The Respondent shall be entitled to have his attorney and\/or foreign lawyer present at the examination, but such attorney or foreign lawyer shall not be entitled to participate in the examination by putting questions to the examinee unless permitted to do so by the Petitioner.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"The examination shall be conducted in the form of questions and answers.  The examination shall be recorded by a court reporter.  The court reporter shall prepare a transcription of the examination and certify it as a complete and accurate transcription.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"The court reporter shall record the names and addresses of all the persons present and the times(s) at which the examination commenced and finished.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"If the Petitioner(s) require(s) a document referred to during the examination to be exhibited to the transcript then it shall be exhibited to the transcript.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"The Respondent shall answer all the questions put to him (subject to any claim of selfincrimination or legal professional privilege) which are within his knowledge or means of knowledge regarding any matter within the scope of this order.  If required to do so by the This Order was filed by [state name of the attorneys acting on behalf of the petitioner(s)] whose address for service is [address within the jurisdiction and contact details]. Petitioner(s), the Respondent shall provide the names and addresses of any person who reasonably might be expected to have knowledge of any question put to the Respondent.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"If the Respondent objects to answering any question put to him, he shall state the grounds of his objection.  If the Respondent has objected to answering any question put to him then the Petitioner(s) may apply to the Court for an order that the Respondent answer the question. Any such application shall be made on notice to the Respondent on not less than [number] of days' notice.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"[Further or other directions]. Dated the day of 20___ Filed the day of 20___ _____________________________________________ The Honourable Mr(s) Justice [name of assigned Judge] JUDGE OF THE GRAND COURT This Order was filed by [state name of the attorneys acting on behalf of the petitioner(s)] whose address for service is [address within the jurisdiction and contact details]. Form No 5 Order for Turnover of Property IN THE GRAND COURT OF THECAYMAN ISLANDS FINANCIAL SERVICES DIVISION FSD CAUSE NO: OF 20__ In [Open Court][Chambers] [date of order] The Honourable Mr(s) Justice [ ] IN THE MATTER OF Part XVII of the Companies Law AND IN THE MATTER OF [state name of debtor] BETWEEN: [State name of foreign representative(s)], foreign representative(s) of [state name of debtor] Petitioner(s) AND: Respondent ORDER FOR TURN OVER OF PROPERTY UPON the application by the Petitioner(s) by [his\/their] summons dated [state date] for an order that the Respondent turnover to the Plaintiff(s) any property belonging to [state name of debtor] (the \\\"Debtor\\\") AND UPON reading [set out all the relevant affidavits] AND UPON hearing counsel for the parties IT IS ORDERED that: 1. The Respondent shall turn over to the Petitioner(s) all of the property belonging to the Debtor specified in this Schedule to this order on or before [state date]. This Order was filed by [state name of the attorneys acting on behalf of the petitioner(s)] whose address for service is [address within the jurisdiction and contact details]. 2. The Respondent shall swear an affidavit on or before [date] that, having conducted all reasonable inquiries as to the nature and extent of the property of the Debtor in his possession, power, or control, he has turned over all the property to the Petitioner(s) [and\/or if the Respondent is aware of property of the Debtor in the Respondent's possession, power, or control, but which the Respondent has not turned over to the Petitioner, the nature and extent of that property and the reason(s) why the Respondent has not turned it over to the Petitioner(s).] 3. [Further or other directions about the method by which the property is to be delivered or title to the property transferred.] Dated the day of 20___ Filed the day of 20___ _______________________________________________ The Honourable Mr(s) Justice [name of assigned Judge] JUDGE OF THE GRAND COURT Form No 6 Notice of Foreign Bankruptcy Proceedings THE COMPANIES LAW NOTICE OF FOREIGN BANKRUPTCY PROCEEDINGS [Name of company] Registration No ____ To: The Registrar of Companies TAKE NOTICE that the above-named Company was made the subject of [describe the foreign bankruptcy proceeding] on [state commencement date] [by the filing of [identify document filed in foreign court or authority], by the order of [identify the court or other authority], or otherwise as the case may be].  Enclosed herewith are certified copies of [the relevant filings, orders, notices or other documents evidencing the commencement and existence of the foreign bankruptcy proceedings][and a translation thereof into English]. [AND FURTHER TAKE NOTICE that [state name of trustee in bankruptcy, liquidator, administrator, receiver or other official] of [state address and contact details] has been appointed [identify the nature of office held by appointee]. Dated this day of 20____. _____________________________________ [Signature of Liquidator or Director as the case may be] [Full name, address and contact details of the person filing this form]\", \"element\": \"section\", \"heading\": null}], \"meta\": {\"notes\": null, \"workflow\": null, \"lifecycle\": {\"source\": \"#cilegis\", \"eventRef\": [{\"eId\": \"e_commence_2017_01_01\", \"date\": \"2017-01-01\", \"type\": \"generation\", \"source\": \"#cilegis\"}]}, \"references\": {\"source\": \"#canary\", \"TLCRole\": [], \"TLCEvent\": [{\"eId\": \"ev_commencement\", \"href\": \"\/akn\/ontology\/canary\/event\/commencement\", \"showAs\": \"commencement\"}], \"TLCPerson\": [], \"TLCConcept\": [{\"eId\": \"inForce\", \"href\": \"\/akn\/ontology\/canary\/concept\/temporal\/in-force\", \"showAs\": \"in force\"}], \"TLCProcess\": [], \"TLCLocation\": [], \"TLCOrganization\": [{\"eId\": \"cilegis\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\", \"showAs\": \"Cayman Islands legislation mirror (kyleg)\"}]}, \"temporalData\": {\"source\": \"#cilegis\", \"temporalGroup\": [{\"eId\": \"tg_inforce_2017_01_01\", \"timeInterval\": [{\"end\": null, \"start\": \"#e_commence_2017_01_01\", \"duration\": null, \"refersTo\": \"#inForce\"}]}]}, \"classification\": null, \"identification\": {\"source\": \"#cilegis\", \"FRBRWork\": {\"FRBRuri\": \"\/akn\/ky\/act\/sl\/2017\/92\", \"FRBRdate\": [{\"date\": \"2017-01-01\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/sl\/2017\/92\/!main\", \"FRBRalias\": [{\"name\": \"cmsId\", \"value\": \"2017-0092\"}], \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRnumber\": \"92 of 2017\", \"FRBRcountry\": \"ky\", \"FRBRsubtype\": \"subordinate\"}, \"FRBRExpression\": {\"FRBRuri\": \"\/akn\/ky\/act\/sl\/2017\/92\/eng@2017-01-01\", \"FRBRdate\": [{\"date\": \"2017-01-01\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/sl\/2017\/92\/eng@2017-01-01\/!main\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRlanguage\": \"eng\"}, \"FRBRManifestation\": {\"FRBRuri\": \"\/akn\/ky\/act\/sl\/2017\/92\/eng@2017-01-01.xml\", \"FRBRdate\": [{\"date\": \"2026-06-22\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/sl\/2017\/92\/eng@2017-01-01.xml\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRformat\": \"application\/xml\"}}}, \"name\": \"act\", \"header\": {\"title\": \"Foreign Bankruptcy Proceedings (International Cooperation) Rules\", \"actNumber\": \"92 of 2017\", \"longTitle\": null}}, \"doc\": null, \"bill\": null, \"judgment\": null}}","akn_full_text":"CAYMAN ISLANDS\n\nSupplement No. 2 published with Extraordinary\nGazette No. 103 dated 6 December, 2017.\n\n FOREIGN BANKRUPTCY PROCEEDINGS (INTERNATIONAL CO-OPERATION) RULES, 2018\n\nFOREIGN BANKRUPTCY PROCEEDINGS (INTERNATIONAL CO-OPERATION)\nRULES, 2018\n\nThe following rules are made by the Insolvency Rules Committee in exercise of the powers\nconferred by Section 155(1) of the Companies Law 2016 (2016 Revision) (as amended)\n\n1.\nCitation, Application, Commencement and Interpretation\n\n(1)\nThese Rules shall be cited as the Foreign Bankruptcy Proceedings (International\nCo-operation) Rules, 2018.\n\n(2)\nThese Rules shall apply to every application made, or notice filed, pursuant to Part\nXVII of the Companies Law (2016 Revision) (as amended) (\"the Law\").\n\n(3)\nThese Rules shall come into force on the date stated in the commencement order,\nreferred to in these Rules as the \"commencement date\".  No application, order or\ndirection made under Part XVI of the Companies Law (2007 Revision) (as may\nhave been revised or amended) (and renumbered as Part XVII of the Companies\nLaw (2009 Revision) and subsequent Revisions) before the commencement date\nshall be treated as a non-compliance with these Rules provided that it complied with\nthe rules, practice directions or procedure then in force.\n\n(4)\nWords and expressions used in the Law shall have the same meaning when\nused in these Rules.\n\n(5)\nThe forms contained in the Appendix to these Rules shall be used where\napplicable, with such variations as the circumstances of the particular case may\nrequire.\n\n1A.\nGeneral provisions\n\n(1)\nThe Grand Court Rules, 1995 (as amended and revised) (\"the GCR\") shall apply to\nproceedings pursuant to Part XVII of the Law save to the extent that they are\ninconsistent with Part XVII of the Law or these Rules.\n\n(2)\nGCR Order 102, r. 16 shall not apply to proceedings pursuant to Part XVII of the\nLaw.\n\n(3)\nNo order for security for costs shall be made against a foreign representative on any\napplication pursuant to section 241.  Nothing in this Rule shall derogate from the\npower of the Court of Appeal to make orders for security for costs in respect of any\nproceedings before that court.\n\n2\n2.\nApplication pursuant to section 241(1)(a)\n\n(1)\nAn application by a foreign representative made pursuant to Section 241(1)(a) of\nthe Law for a declaration that he is entitled to act on behalf of a debtor shall be\nmade by petition.\n\n(2)\nAny such petition shall be advertised, and if the petitioner seeks any relief pursuant\nto section 241(1)(b)-(e) then the petition shall be served only on such persons as\nthe Court may direct.\n\n(3)\nA petition under this rule shall state :-\n(a)\nparticulars of the debtor's incorporation;\n(b)\nthe nature and place of the debtor's business;\n(c)\nthe court or other authority by which the foreign representative was\nappointed;\n(d)\nthe powers and duties of the foreign representative under the law of the\nplace of his appointment; and\n(e)\nthe reasons for seeking a declaratory order.\n\n(4)\nA petition under this rule shall be verified by an affidavit sworn by the foreign\nrepresentative.  Where more than one foreign representative has been appointed\nin respect of a debtor, whether jointly or jointly and severally, one of the foreign\nrepresentatives may swear the affidavit in support of the petition for and on\nbehalf of all the foreign representatives.\n\n(5)\nA certified copy or an office copy of the order of the court or other authority by\nwhich the foreign representative was appointed shall be exhibited to the verifying\naffidavit.\n\n(6)\nA petition under this rule shall be supported by an affidavit of foreign law\nwhich sets out the powers and duties of the foreign representative under the law\nof the place of his appointment.\n\n(7)\nA declaratory order under this rule shall be in Form 1 and shall be published in\nthe Gazette within 7 days of the making of the declaratory order and in such\nother newspaper or website, and at such times, as the Court may direct.\n\n3.\nApplication pursuant to section 241(1)(b)-(e)\n\n(1)\nAn application by a foreign representative for any relief pursuant to section\n241(1)(b)-(e) where he has already obtained a declaration pursuant to section\n241(1)(a) shall be made by summons.  Such summons shall be served on every\nrespondent to the application and shall be supported by an affidavit sworn by the\nforeign representative containing full particulars of \u2013\n\n3\n(a)\nthe facts and matters relied upon in support of the allegation that the\nrespondent is a \"relevant person\" within the meaning of the Law;\n(b)\nthe reasons for seeking the order against the respondent.\n\n(2)\nAn order made under this rule shall be in Form 2 or 3 or 4 or 5 as may be\nappropriate.\n\n(3)\nThe examination may be conducted by \u2013\n(a)\nthe foreign representative; or\n(b)\na person acting with the authority of the foreign representative, including his\nattorney or a foreign lawyer.\n\n(4)\nThe examination shall take place in private at the time and place specified in the\norder or at such other time and place as may be agreed between the examinee and\nthe foreign representative.\n\n(5)\nThe examinee shall be entitled to have his attorney and\/or foreign lawyer present at\nthe examination, but such attorney or foreign lawyer shall not be entitled to\nparticipate in the examination by putting questions to the examinee unless permitted\nto do so by the foreign representative or other person conducting the examination.\n\n(6)\nThe examinee shall take all such steps as may be reasonably necessary to inform\nhimself of the matters about which he is to be examined and the foreign\nrepresentative or other person conducting the examination may adjourn the\nexamination for this purpose.\n\n(7)\nThe examinee shall be given an opportunity to review all the documents intended to\nbe put to him in advance of the examination, for which purpose the foreign\nrepresentative or other person conducting the examination may provide the\nexaminee with copies.\n\n(8)\nThe examination shall be conducted in the form of questions and answers.  The\nexamination shall be recorded by a court reporter.  The court reporter shall prepare\na transcription of the examination and certify it as a complete and accurate\ntranscription.\n(9)\nThe court reporter shall record the names and addresses of all the persons present\nand the times(s) at which the examination commenced and finished.\n\n(10)\nThe examination shall be carried out under oath.\n\n(11)\nThe documents referred to during the examination must be identified but need not\nbe exhibited to the transcript unless the foreign representative or other person\nconducting the examination requires that some or all of them be exhibited.\n\n4\n(12)\nThe examinee shall answer all the questions put to him (subject to any claim of selfincrimination or legal professional privilege) which are within his knowledge or\nmeans of knowledge regarding any matter within the scope of the order and is\ncompellable to give the names and addresses of all persons who reasonably might\nbe expected to have knowledge.\n\n(13)\nWhere an examinee objects to answering any questions put to him, he must state the\ngrounds of his objection and the foreign representative may apply to the Court for\nan order that the question be answered.  Any such application shall be made on\nnotice to the Respondent.\n\n(14)\nIf the Court determines that the examinee had no valid ground of objection, it may\norder him to submit to a further examination and pay the costs occasioned by his\nobjection.\n\n4.\nNotice of Foreign Bankruptcy Proceedings\n\n(1)\nWhenever a company which is incorporated under Part II of the Law or\nregistered under Part IX of the Law is made the subject of a foreign bankruptcy\nproceeding, notice of this fact shall be filed with the Registrar and published in\nthe Gazette.\n\n(2)\nThe notice required to be filed with the Registrar shall be in Form 6 and shall\nhave annexed to it a certified copy of the order, notice or other document which\nevidences the commencement and existence of the foreign bankruptcy\nproceeding and, if such document is in a language other than English, an English\ntranslation of it.  The notice shall be filed by the company's liquidator or, if no\nliquidator has been appointed under the Law, by its directors within 14 days of the\ndate upon which the foreign bankruptcy proceeding commenced.\n\n(3)\nThe notice in Form 6 shall be published without its annexures in the Gazette not\nlater than 21 days after the date on which the notice was filed with the Registrar.\n\nMade by the Insolvency Rules Committee on the 27th day of November 2017.\n\nThe Honourable Andrew Jones Q.C., Chairman\n\nThe Honourable Sam Bulgin Q.C., Attorney-General\n\nColin McKie Q.C., Legal Practitioner\n\nHector Robinson QC, Legal Practitioner\n\nSimon Conway, Insolvency Practitioner\n\nJude Scott CPA, Public Accountant\n\nThis Order was filed by [state name of the attorneys acting on behalf of the petitioner(s)] whose address for service is\n[address within the jurisdiction and contact details].\nAPPENDIX - PRESCRIBED FORMS\n\nForm No 1\n\nRecognition Order\n\nIN THE GRAND COURT OF THE CAYMAN ISLANDS\n\nFINANCIAL SERVICES DIVISION\nFSD CAUSE NO:           OF 20 __\nIn Open Court\n[date of order]\nThe Honourable Mr(s) Justice [\n\n]\n\nIN THE MATTER OF Part XVII of the Companies Law\n\nAND IN THE MATTER OF [state name of debtor]\n\nRECOGNITION ORDER\n\nUPON the application of [state name and address of foreign representative(s)] by [his\/their]\npetition dated [state date] for an order recognising [his\/their] right to act in the Islands on behalf of\nor in the name of [state name of debtor] (the \"Debtor\")\nAND UPON reading [set out all the relevant affidavits]\nAND UPON hearing counsel for [the foreign representative(s)]\nAND UPON [hearing counsel for any persons upon whom the petition was served] [and\/or][being\nsatisfied that the petition was served on [state name] and upon [state name] not appearing]\n\nIT IS ORDERED AND DECLARED that [name of foreign representative(s) is\/are hereby\nrecognised as the only person(s) entitled to act in the Islands on behalf of [or in the name of] the\nDebtor.]\n\n[Further orders or directions made pursuant to section 241(1)(b)-(e).]\n\nThis Order was filed by [state name of the attorneys acting on behalf of the petitioner(s)] whose address for service is\n[address within the jurisdiction and contact details].\nDated the\n\nday of\n\n20___\n\nFiled the\n\nday of\n\n20___\n\n____________________________________________\nThe Honourable Mr(s) Justice [name of assigned Judge]\nJUDGE OF THE GRAND COURT\n\nThis Order was filed by [state name of the attorneys acting on behalf of the petitioner(s)] whose address for service is\n[address within the jurisdiction and contact details].\nForm No 2\n\nInjunction\n\nIN THE GRAND COURT OF THE CAYMAN ISLANDS\nFINANCIAL SERVICES DIVISION\nFSD CAUSE NO:       OF 20__\n\nIn [Open Court][where application is by petition or summons][Chambers][where application is by\nsummons]\n[date of order]\nThe Honourable Mr(s) Justice [\n\n]\n\nIN THE MATTER OF Part XVII of the Companies Law\n\nAND IN THE MATTER OF [state name of debtor]\n\n[and where application is made by summons -]\n\n[BETWEEN:\n\n[State name of foreign representative(s)], foreign representative(s) of [state name of debtor]\nPetitioner(s)\nAND:\n\n[State name of respondent]\nRespondent\n\nINJUNCTION\n\nUPON the application of the Petitioner(s) by [his\/their] [summons][petition] dated [state date] for an\ninjunction to restrain [state name] from commencing proceedings against [state name of debtor] (the\n\"Debtor\")\nAND UPON reading [set out all the relevant affidavits]\nAND UPON hearing counsel for the Petitioner(s) [and the Respondent]\n[AND UPON the Petitioner(s) undertaking by his\/their counsel [set out any undertakings given]]\n\nThis Order was filed by [state name of the attorneys acting on behalf of the petitioner(s)] whose address for service is\n[address within the jurisdiction and contact details].\nIT IS ORDERED that:\n\n1.\n[name] [, whether by its directors, officers, agents or otherwise,] is hereby restrained from\ncommencing any proceedings against the Debtor for [state nature of threatened proceedings] without\nthe prior leave of the Court.\n\n2.\n[Further or other directions.]\n\nDated the\n\nday of\n\n20__\n\nFiled the\n\nday of\n\n20__\n\n______________________________________________\nThe Honourable Mr(s) Justice [name of assigned Judge]\nJUDGE OF THE GRAND COURT\n\nThis Order was filed by [state name of the attorneys acting on behalf of the petitioner(s)] whose address for service is\n[address within the jurisdiction and contact details].\nForm No 3\n\nOrder for a Stay of Enforcement\n\nIN THE GRAND COURT OF THE CAYMAN ISLANDS\n\nFINANCIAL SERVICES DIVISION\nFSD CAUSE NO:\n\nOF 20__\nIn [Open Court][Chambers]\n[date of order]\nThe Honourable Mr(s) Justice [\n\n]\n\nIN THE MATTER OF Part XVII of the Companies Law\n\nAND IN THE MATTER OF [state name of debtor]\n\nAND BETWEEN:\n\n[State name of foreign representative(s)], foreign representative(s) of [state name of debtor]\nPetitioner(s)\nAND:\n\n[State name of respondent]\nRespondent\n\nORDER FOR A STAY OF ENFORCEMENT\n\nUPON the application of the Petitioner(s) by [his\/their] summons dated [state date] for a stay of\nenforcement in respect of the judgment dated [state date] and given against [state name of debtor]\nin cause number [\n] (\"the Judgment\")\nAND UPON reading [set out all the relevant affidavits]\nAND UPON hearing counsel for the parties\n[AND UPON the Petitioner(s) undertaking by his\/their counsel [set out any undertakings given]]\n\nIT IS ORDERED that:\n\n1.\nThe Respondent shall not commence enforcement proceedings [or shall take no further steps in\nrespect of [identify enforcement proceedings already commenced]] in respect of the Judgment\n\nThis Order was filed by [state name of the attorneys acting on behalf of the petitioner(s)] whose address for service is\n[address within the jurisdiction and contact details].\nwithout the prior leave of the Court.\n\n2.\n[Further or other directions.]\n\nDated the\n\nday of\n\n20__\n\nDated the\n\nday of\n\n20__\n\n_____________________________________________\nThe Honourable Mr(s) Justice [name of assigned Judge]\nJUDGE OF THE GRAND COURT\n\nThis Order was filed by [state name of the attorneys acting on behalf of the petitioner(s)] whose address for service is\n[address within the jurisdiction and contact details].\n\nForm No 4\n\nOrder for Examination\n\nIN THE GRAND COURT OF THE CAYMAN ISLANDS\nFINANCIAL SERVICES DIVISION\nFSD CAUSE NO:\n\nOF 20__\n\nIn [Open Court][Chambers]\n[date of order]\nThe Honourable Mr(s) Justice [\n\n]\n\nIN THE MATTER OF Part XVII of the Companies Law\nAND IN THE MATTER OF [state name of debtor]\n\nBETWEEN:\n[State name of foreign representative(s)], foreign representative(s) of [state name of debtor]\nPetitioner(s)\nAND:\n\n[State name of examinee]\nRespondent\n\nORDER TO PRODUCE DOCUMENTS AND FOR EXAMINATION\n\nUPON the application of the Petitioner(s) by [his\/their] summons dated [state date] for an order that\nthe Respondent produce documents relating to, [and\/or be examined by the Petitioner(s),] about the\nbusiness or affairs of [state name of debtor] (\"the Debtor\"),\nAND UPON reading [set out all the relevant affidavits]\nAND UPON hearing counsel for the parties\n[AND UPON the Petitioner(s) by [his\/their] counsel undertaking [set out details of undertaking]]\n\nIT IS ORDERED that:\n\nThis Order was filed by [state name of the attorneys acting on behalf of the petitioner(s)] whose address for service is\n[address within the jurisdiction and contact details].\n1.\nThe Respondent shall deliver up to the Petitioner(s), or [his\/their] attorneys, all of the\ndocuments specified in Schedule One to this order on or before [state date].\n\n2.\nFor the purpose of the examination referred to below, the Petitioner(s) shall provide to the\nRespondent copies of all of the documents specified in Schedule Two to this Order on or before [state\ndate].\n\n3.\nThe Respondent shall attend at [state address in the Cayman Islands] on [state date] at [state time]\n(or at such other place [in the Cayman Islands] and on such other date and time as may be agreed\nwith the Petitioner(s)) to be examined orally and on oath by or on behalf of the Petitioner(s) about the\nbusiness and affairs of the Debtor more particularly described in Schedule Three to this order.\n\n4.\nThe examination may be adjourned from time to time.  Each session of the examination shall last no\nmore than four (4) hours and the examination shall not last longer than [state time] in total without a\nfurther order of the Court.\n\n5.\nThe Respondent shall be entitled to have his attorney and\/or foreign lawyer present at the\nexamination, but such attorney or foreign lawyer shall not be entitled to participate in the\nexamination by putting questions to the examinee unless permitted to do so by the Petitioner.\n\n6.\nThe examination shall be conducted in the form of questions and answers.  The examination\nshall be recorded by a court reporter.  The court reporter shall prepare a transcription of the\nexamination and certify it as a complete and accurate transcription.\n\n7.\nThe court reporter shall record the names and addresses of all the persons present and the\ntimes(s) at which the examination commenced and finished.\n\n8.\nIf the Petitioner(s) require(s) a document referred to during the examination to be exhibited\nto the transcript then it shall be exhibited to the transcript.\n\n9.\nThe Respondent shall answer all the questions put to him (subject to any claim of selfincrimination or legal professional privilege) which are within his knowledge or means of\nknowledge regarding any matter within the scope of this order.  If required to do so by the\n\nThis Order was filed by [state name of the attorneys acting on behalf of the petitioner(s)] whose address for service is\n[address within the jurisdiction and contact details].\nPetitioner(s), the Respondent shall provide the names and addresses of any person who\nreasonably might be expected to have knowledge of any question put to the Respondent.\n\n10.\nIf the Respondent objects to answering any question put to him, he shall state the grounds of\nhis objection.  If the Respondent has objected to answering any question put to him then the\nPetitioner(s) may apply to the Court for an order that the Respondent answer the question.\nAny such application shall be made on notice to the Respondent on not less than [number] of\ndays' notice.\n\n11.\n[Further or other directions].\n\nDated the\n\nday of\n\n20___\nFiled the\n\nday of\n\n20___\n\n_____________________________________________\nThe Honourable Mr(s) Justice [name of assigned Judge]\nJUDGE OF THE GRAND COURT\n\nThis Order was filed by [state name of the attorneys acting on behalf of the petitioner(s)] whose address for service is\n[address within the jurisdiction and contact details].\n\nForm No 5\nOrder for Turnover of Property\n\nIN THE GRAND COURT OF THECAYMAN ISLANDS\n\nFINANCIAL SERVICES DIVISION\nFSD CAUSE NO:\n\nOF 20__\n\nIn [Open Court][Chambers]\n[date of order]\nThe Honourable Mr(s) Justice [\n\n]\n\nIN THE MATTER OF Part XVII of the Companies Law\nAND IN THE MATTER OF [state name of debtor]\n\nBETWEEN:\n[State name of foreign representative(s)], foreign representative(s) of [state name of debtor]\nPetitioner(s)\n\nAND:\nRespondent\n\nORDER FOR TURN OVER OF PROPERTY\n\nUPON the application by the Petitioner(s) by [his\/their] summons dated [state date] for an order that\nthe Respondent turnover to the Plaintiff(s) any property belonging to [state name of debtor] (the\n\"Debtor\")\nAND UPON reading [set out all the relevant affidavits]\nAND UPON hearing counsel for the parties\n\nIT IS ORDERED that:\n\n1.\nThe Respondent shall turn over to the Petitioner(s) all of the property belonging to the Debtor\nspecified in this Schedule to this order on or before [state date].\n\nThis Order was filed by [state name of the attorneys acting on behalf of the petitioner(s)] whose address for service is\n[address within the jurisdiction and contact details].\n2.\nThe Respondent shall swear an affidavit on or before [date] that, having conducted all reasonable\ninquiries as to the nature and extent of the property of the Debtor in his possession, power, or control,\nhe has turned over all the property to the Petitioner(s) [and\/or if the Respondent is aware of property\nof the Debtor in the Respondent's possession, power, or control, but which the Respondent has not\nturned over to the Petitioner, the nature and extent of that property and the reason(s) why the\nRespondent has not turned it over to the Petitioner(s).]\n\n3.\n[Further or other directions about the method by which the property is to be delivered or\ntitle to the property transferred.]\n\nDated the\n\nday of\n\n20___\n\nFiled the\n\nday of\n\n20___\n\n_______________________________________________\nThe Honourable Mr(s) Justice [name of assigned Judge]\nJUDGE OF THE GRAND COURT\n\nForm No 6\n\nNotice of Foreign Bankruptcy Proceedings\n\nTHE COMPANIES LAW\n\nNOTICE OF FOREIGN BANKRUPTCY PROCEEDINGS\n\n[Name of company]\n\nRegistration No ____\n\nTo:\nThe Registrar of Companies\n\nTAKE NOTICE that the above-named Company was made the subject of [describe the foreign\nbankruptcy proceeding] on [state commencement date] [by the filing of [identify document filed in\nforeign court or authority], by the order of [identify the court or other authority], or otherwise as\nthe case may be].  Enclosed herewith are certified copies of [the relevant filings, orders, notices or\nother documents evidencing the commencement and existence of the foreign bankruptcy\nproceedings][and a translation thereof into English].\n\n[AND FURTHER TAKE NOTICE that [state name of trustee in bankruptcy, liquidator,\nadministrator, receiver or other official] of [state address and contact details] has been appointed\n[identify the nature of office held by appointee].\n\nDated this\n\nday of\n\n20____.\n\n_____________________________________\n[Signature of Liquidator or Director as the case may be]\n[Full name, address and contact details of the person filing this form]","akn_extracted_at":"2026-06-22 15:38:27.862402+00","cms_id":"2017-0092","law_type":"subordinate","year":"2017","number":"92","title":"Foreign Bankruptcy Proceedings (International Cooperation) Rules","status":"in_force"},"provenance":{"files":[{"file_id":"5870","expr_id":"701","kind":"akn_xml","filename":"2017-0092_SL 92 of 2017.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/SUBORDINATE\/2017\/2017-0092\/2017-0092_SL 92 of 2017.akn.xml","content_md5":"4af27d8b7ed65754dacc26435d8bdf07","byte_size":"25507","http_last_modified":null,"fetched_at":"2026-06-22 15:38:28.086406+00"},{"file_id":"1401","expr_id":"701","kind":"pristine_pdf","filename":"2017-0092_SL 92 of 2017.pdf","source_url":"\/cms\/images\/LEGISLATION\/SUBORDINATE\/2017\/2017-0092\/2017-0092_SL 92 of 2017.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/SUBORDINATE\/2017\/2017-0092\/2017-0092_SL 92 of 2017.pdf","content_md5":"3d4e1c84370881c5217d0562356bca24","byte_size":"159826","http_last_modified":null,"fetched_at":"2026-06-21 23:09:34.651509+00"},{"file_id":"1402","expr_id":"701","kind":"working_pdf","filename":"2017-0092_SL 92 of 2017.pdf","source_url":"\/cms\/images\/LEGISLATION\/SUBORDINATE\/2017\/2017-0092\/2017-0092_SL 92 of 2017.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/SUBORDINATE\/2017\/2017-0092\/2017-0092_SL 92 of 2017.pdf","content_md5":"3d4e1c84370881c5217d0562356bca24","byte_size":"159826","http_last_modified":null,"fetched_at":"2026-06-21 23:09:34.651509+00"}],"paragraph_count":125,"latest_history":null},"quality":{"expr_id":"701","doc_id":"701","quality_state":"known_issue","quality_score":"47","needs_human_review":"t","deterministic_categories":"{commencement_metadata_problem,duplicate_text,page_header_footer_noise,title_mismatch}","llm_categories":"{truncated_text,other}","repair_actions":"{collapse_duplicate_text,manual_review,reextract_full_text,strip_page_furniture,verify_commencement_metadata,verify_title_metadata}","finding_severity_counts":"{\"low\": 1, \"medium\": 1}","finding_summary":"Sample appears mostly complete but ends mid-sentence; review for missing tail content and placeholder resolution.","assessed_at":"2026-06-22 15:29:45.652291+00","updated_at":"2026-06-22 15:29:45.652291+00"}}