Contentious Fiduciary Solutions
It is inevitable that some structures and trusts will unfortunately run into difficulty or periods of disputes during their lives. Having the right team of fiduciaries in place to navigate the associated challenges that these times bring is critical to achieving an optimal outcome. It may be advisable to replace a fiduciary or supplement existing fiduciaries with professionals experienced in dealing with distressed and contentious situations.
We can provide a multi-disciplinary team that comprises both R&H Restructuring professionals; experienced at leading dispute resolution cases as both insolvency practitioners and directors; as well as professionals from our affiliated trust, fund governance and fund administration practices who have significant experience in these areas.
Entering liquidation may not be the optimal solution for a structure for a number of reasons. At R&H Restructuring we are able to provide a number of alternatives. Specifically our restructuring professionals can take on directorship roles in distressed and contentious situations which can often provide greater flexibility during the wind-down process. We can be appointed to a board as a restructuring director or we can replace the existing board completely in conjunction with registered independent directors from our CIMA regulated fund governance affiliated firm.
We also provide consulting, wind-down, restructuring and director services on a number of distressed Cayman issuer structured finance vehicles, pursuing litigation claims, and fulfilling fiduciary oversight roles at various levels within the structures.
With the elevated complexity of family arrangements and assets under administration that often surround high value trust structures, it is not surprising that there continues to be an increase in the volume of trust disputes. When disputes arise it is important for clients to know that they are represented by an experienced trustee and a team of restructuring, dispute resolution and forensic accounting professionals.
We have developed efficient, cost effective ways to deal with contentious matters, which includes working closely with our affiliated, CIMA licensed, trust team to provide replacement trustee services if the incumbent trustee is unable or unwilling to continue. Our approach ensures that the fundamental focus remains on preserving the trust fund and acting in a fiduciary manner whilst providing the tools and experience to deal with contentious matters such as litigation or asset tracing.
We have extensive experience of administering trusts and corporate entities, including structures with contentious issues. Those structures include both investment and other asset holding companies and operating companies covering a diverse range of sectors.