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Cayman Islands bankruptcy law is principally codified in five statutes and statutory instruments: * the Bankruptcy Law (1997 Revision) * the Companies Law (2013 Revision) * the Companies Winding Up Rules 2008 (as amended) * the Insolvency Practitioners' Regulations 2008 (as amended) * the Foreign Bankruptcy Proceedings (International Cooperation) Rules 2008 These are supplemented by a number of practice directions of the Cayman Islands courts and a wide body of case law. Most of the recent emphasis of bankruptcy law reform in the Cayman Islands relates to corporate insolvency rather than personal bankruptcy. As an offshore financial centre, the Cayman Islands has more resident companies than citizens, and accordingly the courts a large amount of time dealing with corporate insolvency and reorganisation. Because a large number of Cayman Islands are listed on stock exchanges in major financial centres, and number of Cayman Islands corporate bankruptcies have generated a high profile internationally.〔See for example: (【引用サイトリンク】title=LDK Solar USA Files Chapter 11 Bankruptcy )〕 Bankruptcy of individuals is usually referred to as "personal bankruptcy" in the Cayman Islands, whereas the bankruptcy of corporations is referred to as "corporate insolvency". The relevant statutes deal with both separately, although there are some provisions which are common to both. ==Personal bankruptcy== A single creditor or two or more creditors who are owed an amount not less than CI$40 may present a petition to the court against a debtor for a declaration of bankruptcy if the debtor has committed one or more "acts of bankruptcy".〔Bankruptcy Law, section 14.〕 An act of bankruptcy means: # the debtor has made a general assignment of his property to a trustee or trustees for the benefit of creditors; # the debtor has made a fraudulent conveyance of any part of his property; # the debtor has attempted to defeat or delay his creditors by leaving the Cayman Islands, or begun to sell his stock-in-trade at an undervalue; # the debtor has declared himself unable to meet his engagement; # the debtor has presented the bankruptcy petition himself; # execution against the debtor on any legal process has been levied by seizure and sale of his goods; # the creditor has served on the debtor a bankruptcy notice (loosely akin to a statutory demand) requiring payment of a sum of not less than CI$40 which was not satisfied within seven days; # the debtor has not satisfied a judgment debt of not less than CI$40 within seven days; # the debtor has not paid an obligation on a negotiable instrument of not less than CI$40 within 14 days; # the debtor has made of conveyance which would be void as a fraudulent conveyance if he was adjudged bankrupt; # that the debtor has, in the ''Gazette'' and in a local newspaper, given notice of his intention to transfer his stock-in-trade, debts or things in action relating to his business to any other person; and that the creditor presenting the petition has served on the debtor a bankruptcy notice in writing requiring him to pay the amount of such debt, and that the debtor has not paid within seven days; or # that the debtor has paid money to or given or delivered any satisfaction or security for the debt of a petitioning creditor, or any part thereof, after such creditor has presented a bankruptcy petition against him. But it is a requirement that: # the alleged act of bankruptcy must have occurred within six months before the presentation of the petition; # the debt of the petitioning creditor must be a liquidated sum due or growing due at law or in equity, and must not be a secured debt; # any person who is, for the time being, entitled to enforce a final judgment shall be deemed a creditor who has obtained a final judgment within the meaning of the Law; and # where any debtor is absent from the Cayman Islands, any act done or suffered by any agent or manager of the debtor managing any property, which, if such agent or manager were the owner of the property or business, would have constituted an act of bankruptcy available against such person, shall, in all cases, be deemed to have been expressly authorised by the debtor and shall be available as an act of bankruptcy against the debtor unless the authority of the agent or manager shall be shown to have been exceeded. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Cayman Islands bankruptcy law」の詳細全文を読む スポンサード リンク
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