Directors' responsibilities in Cayman investment funds | Practical Law

Directors' responsibilities in Cayman investment funds | Practical Law

The Grand Court of the Cayman Islands has found two directors of a failed investment fund liable in damages for the fund's losses caused by their breaches of duty. The judgment contains important commentary on directors' practices and procedures, although the implications for well-advised funds with competent and diligent directors are limited and the judgment is subject to appeal. However, all directors should revisit their practices to ensure they remain consistent with key corporate governance principles. This chapter examines the Weavering case and directors' duties, the court's findings on directors' duties, and guidance for directors of Cayman Islands investment funds.

Directors' responsibilities in Cayman investment funds

Practical Law UK Articles 2-516-9304 (Approx. 9 pages)

Directors' responsibilities in Cayman investment funds

by Shaun Folpp, Ogier, Cayman Islands (at the time of writing; now Mourant Ozannes, British Virgin Islands) Will Jones, Ogier, Cayman Islands
Law stated as at 01 Nov 2011Cayman Islands
The Grand Court of the Cayman Islands has found two directors of a failed investment fund liable in damages for the fund's losses caused by their breaches of duty. The judgment contains important commentary on directors' practices and procedures, although the implications for well-advised funds with competent and diligent directors are limited and the judgment is subject to appeal. However, all directors should revisit their practices to ensure they remain consistent with key corporate governance principles. This chapter examines the Weavering case and directors' duties, the court's findings on directors' duties, and guidance for directors of Cayman Islands investment funds.
This article is part of the PLC multi-jurisdictional guide to investment funds. For a full list of jurisdictional Q&As visit www.practicallaw.com/investmentfunds-mjg.