Clearly when a Cayman Islands liquidator gets appointed by the shareholders or the Cayman Islands Court, he has a number of duties. He has a duty to identify, take control and protect the assets of the company pending the identification and agreement of creditor claims prior to a distribution.
On 10 December 2008 Bernard Madoff’s sons told authorities their father had just confessed to them that the asset management arm of his firm was a massive Ponzi scheme, and quoted him as saying it was “one big lie”. Five days later Irving Picard was appointed the trustee over Bernard L. Madoff Investment Securities, LLC.
While one could speak generally of Cayman companies that do business in Cayman, we are finding the greatest impact of this in the liquidation of Cayman hedge funds, particularly in those instances where the investment management, administration and/or assets are in the United States.
There comes a time at the end of any company’s life, or such other time as may be stipulated in the articles and memorandum of association, when the directors of the company must decide whether to formally wind up the company.