Take private transactions - a quick glance into the Cayman Islands mergers & acquisitions regimes [Brought to you by Carey Olsen]
BY Michael Padarin, Xia Li, Tiffy Wan, Yi Yang |
In recent years, companies with operations in China which are listed on global stock exchanges (a dominant number of which are Cayman Islands companies) have been actively seeking restructuring opportunities for various reasons, including the recent regulatory developments in China. Such strong demand has driven a major increase in take private activities of Cayman Islands companies. There are various methods provided under Cayman Islands law for the taking private of Cayman Islands companies listed on global stock exchanges. In this overview, we consider the take private methods available in the Cayman Islands, including statutory merger, schemes of arrangement and takeover offer or squeeze-out; address the key steps involved with each and discuss the key considerations for board members engaged in mergers and acquisitions (M&A) involving Cayman Islands companies. We also provide an overview of the recent state of play with appraisal rights actions before the Courts of the Cayman Islands.