Rotary Sunrise/Migrate companies/SteppingStones
Rotary Sunrise supports extended after school programme
The success of the Extended After School Programme is evident by the growing number of registrants each year; when the programme first launched in April 2011 there were 60 children registered and now has pulled in over 1400 children up to June 2013. The programme ensures primary and secondary children have quality activities to fill their time between the hours of 3pm to 6pm Monday through Friday.
Mr. Michael Myles, Programme Coordinator for At-Risk-Youth for the Ministry of Education had this to say “A major part of this programme right now is ensuring that we can sustain it long term. We need sponsorships in order to ensure that this programme lasts and to ensure that we can expand the programme to encompass more children.”
The Rotary Club of Grand Cayman Sunrise is one of those sponsors who sees the benefit of the programme and as a result has provided financial support over the years. Mr. Myles accepted the club’s most recent contribution of CI$5,000 as a joint donation from the club’s Youth Service and Community Service Committees.
Rotary Sunrise understands how valuable it is to have a programme where children can be mentored and learn new skills through safe and organized activities. The club plans to continue their relationship with the Ministry of Education into the future to ensure additional growth and success.
About Rotary Club of Grand Cayman Sunrise
Rotary Sunrise is a diverse group of like-minded professional, ages 30 years and older who are committed to serving the community. The group is scheduled to meet at the Grand Old House for breakfast on Wednesday mornings for 7am. To learn more about Rotary Sunrise visit www.rotarysunrise.ky or Facebook page at www.facebook.com/rotarysunriseky
Photo caption Photo submitted: Youth Services Director Donald Aitken (left) and Community Services Director Finley Josephs (right) presenting Mr. Michael Myles (centre) from the Ministry of Education with Rotary Sunrise’s donation of CI$5,000 for the Extended After School Programme.
By Solomon Harris
In this two part piece, we look at how to migrate existing companies in and out of the Cayman Islands. Elsewhere we look at how to migrate an existing company into the Cayman Islands, but here we look at how to migrate a Cayman Islands registered company to another jurisdiction.
Who can apply?
Any exempted company which is incorporated and registered with limited liability and a share capital under the Cayman Islands Companies law. This includes companies which have migrated to the Cayman Islands from another jurisdiction.
What happens?
What are the restrictions?
The Registrar will de-register an Applicant provided certain conditions are met. These include practical issues such as whether the Applicant’s own constitution allows it to move, whether the proposed jurisdiction will allow the transfer, and if all relevant contractual consents have been obtained. The Registrar will also need confirmation that the Applicant is solvent, and that the move is not being undertaken for fraudulent purposes. To that end the Registrar needs to know that there are no outstanding proceedings filed or Orders made against the Applicant, that no receiver, trustee or administrator has been appointed, and to be sure that nothing has been done to restrict the rights of the Applicant’s creditors. The Applicant must deliver to the Registrar an undertaking signed by a director that notice of the transfer has been or will be given within twenty-one days to the secured creditors of the applicant.
Provided the Registrar is not aware of any other reason why it would be against the public interest to de-register the applicant, and the Applicant pays the appropriate fee, gives notification of the its new registered office and address for service and confirms that it will continue as a company in its new jurisdiction, then the Registrar will proceed to de register the Applicant. However, if the Applicant is licensed under the Banks and Trust Companies Law (2009 Revision), or the Insurance Law, 2010 or, if it had a licence which was suspended or revoked and not reinstated, the Applicant will need the consent of the Cayman Islands Monetary Authority before it can transfer.
Affidavit
As with migrating a company to the Cayman Islands a Director of the Applicant can satisfy some of the requirements above by filing a declaration or affidavit (“Affidavit”) to the effect that, having made due enquiry, he or she is of the opinion that those requirements have been met. The Affidavit also needs to include a statement of the Applicant’s current assets and liabilities. If the Director does not have reasonable grounds for matters in the Affidavit, then he or she is liable on summary conviction to five years imprisonment and a $15,000 fine.
Formalities and Certificates
Once the Applicant has been de-registered, the Registrar issues a certificate that the applicant has been de- registered as an exempted company which states the date of de- registration. The Registrar will also enter the date of de-registration in the Cayman Islands register of companies, from which time the Applicant is no longer a company under Cayman Islands Companies Law (although it continues as a company under the laws of its new jurisdiction). The Registrar will give notice in the Gazette that the Applicant has been de-registered, details of the new jurisdiction and any new name under which the Applicant is registered.
What does not change
The point of the process is that the Applicant continues as a company, just not one registered in the Cayman Islands. That means that this process does not create a new legal entity, and does not prejudice or affect the identity or continuity of the Applicant under its previous constitution. There is no change to the property it holds, any appointment, resolution or other act which has already been lawfully made, or render defective any legal proceedings by or against the Applicant.
Goodbye to the Cayman Islands.
Whatever your reasons for leaving the Cayman Islands, even though the process is relatively straightforward the best way to migrate a company out of the Cayman Islands is to use the services of a tried and trusted local adviser. They have experience of the process and a good working relationship with the local officers. For example, it is prudent to ensure that the Applicant’s departure out of Cayman occurs on the same day as its arrival in its new home country in a seamless fashion which means that the legal advisers in both jurisdictions need to work closely and efficiently together on the migration arrangements. This avoids any uncertainty of the Applicant’s status during any gap in time between leaving and arriving. At Solomon Harris we are pride ourselves on our ability to provide timely, efficient and cost-effective corporate services, and would be happy to advise you on all aspects of migrating a company from the Cayman Islands. Our dedicated corporate services provider, Solaris Corporate Services Ltd, which is regulated by the Cayman Islands Monetary Authority, provides corporate and registered office services for Cayman Islands companies, funds and partnerships.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
The Cayman Islands Rugby Union is delighted to announce that SteppingStones, Cayman’s recruitment and training specialists, has recently become the title sponsor for one of the most exciting sports tournaments in the region: the North American & Caribbean Rugby Association (NACRA) Regional Sevens tournament 2013, to be held in Cayman in November.
SteppingStones Managing Director, Ms Milly Serpell says the company identified this particular tournament as an important event to support because of the tremendous growth in interest by the community in the Cayman Islands National Sevens programme in general.
“The programme has grown beyond measure over the past years and with the acceptance of the sport into the 2016 and 2020 Olympic games, Rugby Sevens has truly taken its place among the world’s most exciting and viewed sports,” she said. “SteppingStones is very pleased to be a part of this dynamic event.
The national Cayman Sevens team regularly travels throughout North America and the Caribbean to compete in world class tournaments. In recent years the team’s level of play has reached new highs internationally, and under the expert guidance of a team of professionals has gained increasing recognition within the field of rugby.
Director of the Rugby Union, Mr Richard ‘Grizz’ Adams, said he is excited about SteppingStones taking the title sponsorship. “SteppingStones have been involved as a sponsor of a touch rugby team across three of our local competitions. We are fortunate to have them on board for this international event.”
The Cayman Rugby Union will be hosting the 2013 NACRA championships on 9th and 10th November 2013, with teams from the United States, Canada, Mexico and other Caribbean islands participating. The two-day tournament promises to be filled with excitement as teams play off against one another. This highly anticipated event will be entertaining for general sports fans and rugby enthusiasts alike.
Ms Serpell says this is an incredibly important event because the winner of the tournament will go on to play in the World Sevens Series Hong Kong leg, the Commonwealth Games and the Central American and Caribbean Sports Organisation (CASCO) Central American and Caribbean Games in 2014.
“This underscores just how special it is for our team to host such a vital event on home soil,” she said. “SteppingStones wish the Cayman team the very best of luck and we will certainly be cheering the team on from the stands!”
PHOTO: Ciara Aspinall, General Manager of SteppingStones, presents a sponsorship cheque to Richard Adams, Director of Rugby