John Trehey describes schemes of arrangement as the preferred legal mechanism for friendly takeovers of Cayman Islands companies listed on worldwide stock exchanges such as the HKSE. He explains that although a takeover scheme is ultimately for the target's shareholders and the court to approve, certain measures can be taken by both the acquirer and the target's board of directors to improve the prospects of the necessary approvals being obtained. The key to successful takeover schemes involves thorough planning, succinct and easy-to-understand offering documentation as well as proper share class constitution and putting in place a reasonable deal timetable.
Please see the attached article for further information. It was first published in the February edition of Hong Kong Lawyer.