RE: What's The long and short of it ?4 Oct 2019 07:20
Ziggy - When the liquidation process was started then I assume that FRCC and it's subsidiary companies would have their bank accounts frozen. As there were letters of resignation for the directors of FRCC, then access to it's data I assume would be a formality. However, the subsidiary companies might require more paperwork due to data protection laws, whereas the freezing of accounts would provide a safety net for the banks (to avoid being sued), until a Supervision Order was obtained. Therefore, just like you're assuming that no monies would be left in the subsidiaries, the liquidators possibly thought likewise. Lets not forget SH/O was after Block 12 in FRCC, plus due to the default there would be no expectation of any monies. Also, the liquidators were probably reticent to expedite the process and were happy to allow the DoS to run it's course. Mourant possibly pushed for the liquidators to act due to the unpaid bill and the release of productivity and financial information from the Ukraine interview. Furthermore, even if no money was left in FEGL, monies could still be paid into a holding account set up by the liquidators to receive any money owed to FRCC and it's subsidiaries.
Page 12 of the link below shows the company structure, with FRGC below FRCC, with the operating company, FEGL below FRGC.
https://1drv.ms/b/s!Ak7gVwQ3mttllmJrCLaIf6M8N8jw
"110. Defendants represented at oral argument that the directors have submitted a declaration of solvency to the voluntary liquidators. This does not deprive the liquidators’ of their authority to continue with the liquidation, however, as they may still apply to the Cayman Islands court for the court to supervise the liquidation if they believe either: (1) the company is or is likely to become insolvent; or (2) court supervision is necessary to facilitate a more effective, economic, or expeditious liquidation in the interests of the contributories and creditors."(110. copied from the 5th post from the bottom of P13 in the Frontera Archive {see link below})
https://www.lse.co.uk/chat/general/commodities-and-mining/frontera-archive-41C7D130-7E51-4344-82E7-83B697F53322.html?page=13