Marc Kish
Partner | Legal
Cayman Islands
Marc Kish
Partner
Cayman Islands
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Section 238 statutory process timeline
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Marc Kish
Team: Shaun Maloney, Oliver Payne 彭奥礼, Maria On 安美怡, Farrah Sbaiti, Dunzelle Daker, Kelvin Cheung 张肇轩
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Section 238 of the Cayman Islands Companies Act gives shareholders a statutory right to dissent from the merger of a Cayman Islands incorporated company, and to be paid a judicially determined fair value for their shares instead of the merger consideration being offered by the merging company.
Our cross-border team advise and act on every aspect of fair value appraisal proceedings, from the pre-merger stage all the way through to trial and any appeals. Our team acts exclusively for dissenting shareholders and is acutely familiar with every aspect of appraisal disputes.
We work closely with leading onshore counsel and have strong relationships with top-tier practitioners and academic experts in all fields of valuation, including market efficiency and deal process. We assist clients throughout the world in their own time zones and our team speak fluent English, Mandarin and Cantonese to best service our clients in their native languages.
Section 238s services
- Providing pre-merger advice on all aspects of the statutory appraisal process
- Serving notices of objection, authorisation and dissent
- Commencing appraisal proceedings
- Negotiating interim payment and ancillary court applications
- Obtaining pre-trial directions
- Facilitating all aspects of the discovery process
- Requesting information from management
- Seeking disclosure against third parties in the US, Hong Kong and elsewhere
- Selecting experts and collaborating on valuation reports
- Advocacy and court representation
- Appeals
Key contacts
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Shaun Maloney
Partner | Legal
Cayman Islands
Shaun Maloney
Partner
Cayman Islands
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Oliver Payne 彭奥礼
Partner 合伙人 | Legal
Hong Kong
Oliver Payne 彭奥礼
Partner 合伙人
Hong Kong
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Maria On 安美怡
Counsel 顾问律师 | Legal
Hong Kong
Maria On 安美怡
Counsel 顾问律师
Hong Kong
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Farrah Sbaiti
Managing Associate | Legal
Cayman Islands
Farrah Sbaiti
Managing Associate
Cayman Islands
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Dunzelle Daker
Senior Associate | Legal
Cayman Islands
Dunzelle Daker
Senior Associate
Cayman Islands
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Kelvin Cheung 张肇轩
Associate 律师 | Legal
Hong Kong
Kelvin Cheung 张肇轩
Associate 律师
Hong Kong
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