XL Capital Ltd Announces Proposed Redomestication to Ireland From the Cayman Islands
January 12 2010 - 5:26AM
PR Newswire (US)
HAMILTON, Bermuda, Jan. 12 /PRNewswire-FirstCall/ -- XL Capital Ltd
("XL" or "the Company") (NYSE:XL) announced today that it proposes
to change the parent holding company's place of incorporation to
Ireland from the Cayman Islands, with the parent holding company to
be renamed "XL Group plc". XL's Chief Executive Officer, Michael S.
McGavick, said: "We believe that changing XL's place of
incorporation from the Caymans to Ireland is in the best interests
of XL and our shareholders. Among other benefits, we believe the
proposed move will reduce certain risks that may impact us and
offer us the opportunity to reinforce our reputation, which is one
of our key assets, and to better support our global business
platforms. The new "XL Group" name is desirable to reflect our
exclusive focus on providing property, casualty and specialty
insurance and reinsurance products for our customers' complex
risks." To effect the redomestication, a new Irish public limited
company, XL Group plc, would replace XL Capital Ltd as the ultimate
holding company of the XL group of companies, and the Company's
ordinary shareholders would receive one ordinary share of the new
Irish company in lieu of each ordinary share of the Company held by
them. XL expects to submit the proposal for redomestication, along
with related proposals, to its shareholders in the next several
months and complete the transaction on July 1, 2010. The proposed
redomestication will be subject to approval by the Company's
ordinary shareholders and the Grand Court of the Cayman Islands, as
well as satisfaction of other conditions. XL has operated in
Ireland for most of its corporate history and is very familiar with
its regulatory and legal environment. Ireland has strong
international relationships as a member of the Organisation for
Economic Co-Operation and Development (OECD) and the European
Union, a long history of international investment, and
long-established commercial relationships, trade agreements and tax
treaties with the other European Union member states, the United
States and other countries around the world. As a result, XL
believes Ireland offers a stable long-term legal and regulatory
environment with the financial sophistication to meet the needs of
XL's global business. XL does not expect the redomestication will
have any material impact on its financial results. XL will continue
to be registered with the U.S. Securities and Exchange Commission
("SEC") and be subject to SEC reporting requirements. Further, the
Company will continue to be subject to the mandates of the
Sarbanes-Oxley Act of 2002 and the applicable corporate governance
rules of the New York Stock Exchange ("NYSE"), and will continue to
report its financial results in U.S. dollars and under U.S.
generally accepted accounting principles, in addition to any
reporting requirements under Irish law. The Company's shares will
continue to trade on the NYSE under the ticker symbol "XL". This
communication is being made in respect of the proposed
redomestication. In connection with the proposed redomestication,
XL has today filed a proxy statement in preliminary form with the
SEC, and XL will mail the definitive proxy statement to its
shareholders when available. Security holders are urged to read the
definitive proxy statement regarding the proposed redomestication
when it becomes available because it will contain important
information. You may obtain a free copy of the definitive proxy
statement (when available) and other related documents filed by XL
with the SEC at the SEC's website at http://www.sec.gov/. The
definitive proxy statement (when it is available) and the other
documents may also be obtained for free by accessing XL's website
at http://www.xlcapital.com/ by clicking on the link for "Investor
Relations" and then clicking on the link for "SEC Filings". XL and
its directors, executive officers and certain other members of
management and employees may be soliciting proxies from
shareholders in favor of the redomestication. You can obtain
information about XL's executive officers and directors in XL's
proxy statement for the 2009 annual general meeting filed with the
SEC on March 9, 2009. You can obtain free copies of this document
from XL using the contact information in this press release. This
press release contains forward-looking statements within the
meaning of Section 27A of the U.S. Securities Act of 1933, as
amended, and Section 21E of the Securities Exchange Act of 1934.
The Private Securities Litigation Reform Act of 1995 provides a
"safe harbor" for forward-looking statements. Statements that are
not historical facts, including statements about XL's beliefs,
plans or expectations, are forward-looking statements. Such
statements include forward-looking statements both with respect to
us in general, and to the insurance and reinsurance sectors (both
as to underwriting and investment matters). These statements are
based on current plans, estimates and expectations, all of which
involve risk and uncertainty. Actual results may differ materially
from those included in such forward-looking statements and
therefore you should not place undue reliance on them. The factors
that could cause actual results to differ materially from current
expectations include, but are not limited to, our ability to obtain
approval of XL's ordinary shareholders and the Grand Court of the
Cayman Islands for, and to satisfy the other conditions to, the
redomestication within the expected time frame or at all, our
ability to realize the expected benefits from the redomestication,
the occurrence of difficulties in connection with the
redomestication, any unanticipated costs in connection with the
redomestication and changes in tax laws, tax treaties or tax
regulations or the interpretation or enforcement thereof by the tax
authorities in Ireland, the United States and other jurisdictions
following the redomestication. The foregoing factors are in
addition to those factors included in the "Risk Factors" section
and elsewhere in our Annual Reports on Form 10-K, Quarterly Reports
on Form 10-Q and other documents on file with the SEC (including
the proxy statement filed with the SEC in connection with the
redomestication). There may be other risks and uncertainties that
we are unable to predict at this time. XL expressly disclaims any
obligation to update or revise these forward-looking statements,
whether as a result of new information, future developments or
otherwise. Contact: David R. Radulski Investor Relations (441) 294
7460 Carol Parker-Trott Media Relations (441) 294 7290 DATASOURCE:
XL Capital Ltd CONTACT: Investor Relations, David Radulski,
+1-441-294-7460, or Media Relations, Carol Parker-Trott,
+1-441-294-7290, both of XL Capital Web site:
http://www.xlcapital.com/
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