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Industry Updates
Cayman Islands Voluntary Liquidations 2018
05 Jul 2018
The timing of the commencement of the voluntary liquidation of a Cayman Islands company was often driven primarily by the desire to avoid incurring the following year’s annual government fees. To avoid those fees, the liquidation had to commence by December, with the final meeting being held before the end of January. This timetable resulted in an effective dissolution date into the next calendar year, while still avoiding the government fees for that year. However, given increasing regulatory costs and requirements, we often see companies looking to commence their liquidations earlier than previously. There may now be increased operational efficiencies in completing the dissolution within the current calendar year. Similar considerations may also apply to other types of Cayman entities.
This is particularly pertinent to companies that are Reporting Financial Institutions under FATCA 1 or CRS 2 , which may be required to further report to the Cayman Islands Tax Information Authority should they be in existence during 2019. Companies that are registered for taxation purposes in other jurisdictions or that have annual financial reporting requirements might also find a 2018 dissolution date advantageous.
For a Cayman Islands company to complete its dissolution by 31 December 2018, its voluntary liquidation will need to have commenced before 31 August 2018. Additional time may need to be allowed where the affairs of the company are not straightforward. Funds that are registered with the Cayman Islands Monetary Authority ("CIMA") pursuant to the Mutual Funds Law (2015 Revision) ("Funds") may also need to consider an earlier commencement date to ensure that the final audited financials are completed and filed with CIMA prior to the final meeting of the Fund. CIMA requires that a Fund undertakes a final audit for the period either up to the date of the appointment of the third party liquidator or to the date of the full payment of the final redemptions.
Maples Fiduciary’s voluntary liquidations team is composed of dedicated and experienced professionals with extensive experience in the dissolution of various structured finance vehicles and investment funds. For further information on the team and our liquidation services, please view our Overview of Services and Frequently Asked Questions. Additionally, you may wish to refer to legal guides from Maples and Calder, with information on preparing your entities for liquidation and the statutory process: Voluntary Liquidations of Solvent Cayman Islands Companies and Voluntary Dissolution and Winding Up of a Cayman Islands Exempted Limited Partnership.
Please do not hesitate to contact your usual Maples contact or one of the individuals listed below who would be happy to answer any questions you may have, or provide a formal fixed-fee proposal.
1In the Cayman Islands under The Tax Information Authority (International Tax Compliance) (United States of America) Regulations (2018 Revision)
2In the Cayman Islands under The Tax Information Authority (International Tax Compliance) (Common reporting Standard) (Amendment) Regulations (2018 Revision)
This is particularly pertinent to companies that are Reporting Financial Institutions under FATCA 1 or CRS 2 , which may be required to further report to the Cayman Islands Tax Information Authority should they be in existence during 2019. Companies that are registered for taxation purposes in other jurisdictions or that have annual financial reporting requirements might also find a 2018 dissolution date advantageous.
For a Cayman Islands company to complete its dissolution by 31 December 2018, its voluntary liquidation will need to have commenced before 31 August 2018. Additional time may need to be allowed where the affairs of the company are not straightforward. Funds that are registered with the Cayman Islands Monetary Authority ("CIMA") pursuant to the Mutual Funds Law (2015 Revision) ("Funds") may also need to consider an earlier commencement date to ensure that the final audited financials are completed and filed with CIMA prior to the final meeting of the Fund. CIMA requires that a Fund undertakes a final audit for the period either up to the date of the appointment of the third party liquidator or to the date of the full payment of the final redemptions.
Maples Fiduciary’s voluntary liquidations team is composed of dedicated and experienced professionals with extensive experience in the dissolution of various structured finance vehicles and investment funds. For further information on the team and our liquidation services, please view our Overview of Services and Frequently Asked Questions. Additionally, you may wish to refer to legal guides from Maples and Calder, with information on preparing your entities for liquidation and the statutory process: Voluntary Liquidations of Solvent Cayman Islands Companies and Voluntary Dissolution and Winding Up of a Cayman Islands Exempted Limited Partnership.
Please do not hesitate to contact your usual Maples contact or one of the individuals listed below who would be happy to answer any questions you may have, or provide a formal fixed-fee proposal.
1In the Cayman Islands under The Tax Information Authority (International Tax Compliance) (United States of America) Regulations (2018 Revision)
2In the Cayman Islands under The Tax Information Authority (International Tax Compliance) (Common reporting Standard) (Amendment) Regulations (2018 Revision)
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Liquidations
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Marc Randall
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Mervin Solas
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