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Abu Dhabi Commercial Bank PJSC -v- Algosaibi Trading Services Limited [2014] SC (Bda) 71 Com (12 September 2014)

September 2014 Companies

BERMUDA

SUPREME COURT

STATUTORY DEMAND - SECTION 62 OF THE COMPANIES ACT, 1981 - EFFECTIVE SERVICE - REGISTERED OFFICE

The Petitioner was a creditor of the Respondent Company which had served a Statutory Demand requiring the Respondent to pay the judgment sum. The Petitioner had appeared before the Registrar and satisfied the Registrar that requirement for service and advertisement had been met. The only question that has been problematic in that regard is the fact that former service providers at the Company’s registered office, signified when served that they have resigned and the address was no longer the registered office. The Court therefore considered the requirements for service in circumstances where a registered office is no longer an operative one.

 

To continue reading full articles in PDF format:
Abu Dhabi Commercial Bank PJSC -v- Algosaibi Trading Services Limited [2014] SC (Bda) 71 Com (12 September 2014)

 

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EDITOR & HEAD OF LITIGATION BERMUDA

Christian R. Luthi
Tel: +1 441 298 7814
Email: christian.luthi@conyersdill.com


Head of Litigation British virgin islands

Mark J. Forte
Tel: +1 284 852 1113
Email: mark.forte@conyersdill.com


Head of Litigation Cayman Islands

Paul Smith
Tel: +1 345 814 7777
Email: paul.smith@conyersdill.com


HEAD OF THE ASIA DISPUTES & RESTRUCTURING GROUP

Nigel K. Meeson, QC
Tel: +852 2842 9553
Email: nigel.meeson@conyersdill.com

Offshore Cases

Abu Dhabi Commercial Bank PJSC -v- Algosaibi Trading Services Limited [2014] SC (Bda) 71 Com (12 September 2014)

18 September 2014

BERMUDA

SUPREME COURT

STATUTORY DEMAND - SECTION 62 OF THE COMPANIES ACT, 1981 - EFFECTIVE SERVICE - REGISTERED OFFICE

The Petitioner was a creditor of the Respondent Company which had served a Statutory Demand requiring the Respondent to pay the judgment sum. The Petitioner had appeared before the Registrar and satisfied the Registrar that requirement for service and advertisement had been met. The only question that has been problematic in that regard is the fact that former service providers at the Company’s registered office, signified when served that they have resigned and the address was no longer the registered office. The Court therefore considered the requirements for service in circumstances where a registered office is no longer an operative one.

 

To continue reading full articles in PDF format:
Abu Dhabi Commercial Bank PJSC -v- Algosaibi Trading Services Limited [2014] SC (Bda) 71 Com (12 September 2014)

 

 

EDITOR & HEAD OF LITIGATION BERMUDA

Christian R. Luthi
Tel.: +1 441 298 7814
Email.: christian.luthi@conyersdill.com


Head of Litigation British virgin islands

Mark J. Forte
Tel.: +1 284 852 1113
Email.: mark.forte@conyersdill.com


Head of Litigation Cayman Islands

Paul Smith
Tel.: +1 345 814 7777
Email.: paul.smith@conyersdill.com


HEAD OF THE ASIA DISPUTES & RESTRUCTURING GROUP

Nigel K. Meeson, Q.C.
Tel.: +852 2842 9553
Email.: nigel.meeson@conyersdill.com