Offshore
On 18 February 2013, the Cayman Islands Court of Appeal released its judgment in Re FIA Leveraged Fund. The decision analyses whether the Fund's directors were entitled to make an in specie redemption by the transfer of assets acquired by the Fund after the redemption payment date.
Law Firm: Mourant Ozannes | Published: 19 June 2013 | Practice Area: Sales and Asset Finance
One of Malta's strengths as a financial centre has been its constantly updated fiscal regime. Camilleri Preziosi outlines why Malta represents a safe European option for international business with an analysis of the fiscal benefits associated with dividend payments and international taxation.
Law Firm: Camilleri Preziosi | Published: 14 June 2013 | Practice Area: Enforcement and Regulation
Jersey's Royal Court recently handed down judgment in the proceedings brought by Barclays Wealth Trustees Limited and Barclays Wealth Fund Managers Limited. Third party litigation funding will not infringe the laws against champerty and maintenance and will not be contrary to the code of 1771.
Law Firm: Mourant Ozannes | Published: 13 June 2013 | Practice Area: Practice and Procedure
British Virgin Islands-based fund managers looking to market in the European Economic Area from 22 July this year should pay attention to this briefing from Mourant Ozannes, which explains the impact of the EU's Alternative Investment Fund Managers Directive (AIFMD.
Law Firm: Mourant Ozannes | Published: 04 June 2013 | Practice Area: Corporate Financing
In a long awaited post mortem, the Supreme Court has confirmed that the 'rule in re Hastings-Bass' under English trust law is now well and truly dead and buried. Mourant Ozannes looks at the development of the mistake remedy and the implications for Jersey, Guernsey and the Cayman Islands.
Law Firm: Mourant Ozannes | Published: 30 May 2013 | Practice Area: Succession Planning and Trusts
On 30 September 2013, the Takeover Code will widen the categories of companies it regulates by partial removal of the residency test for companies which have their registered offices in the UK; and clarifying and simplifying the Takeover Code's applicability to private companies.
Law Firm: Linklaters | Published: 29 May 2013 | Practice Area: Mergers & Acquisitions
The 'Virgin Islands Special Trusts Act' came into force on 1 March 2004 and was introduced in order to allow a shareholder to establish a BVI trust over a BVI company which disengages the trustee from administrative and managerial responsibility in relation to that BVI company.
Law Firm: Harneys | Published: 24 May 2013 | Practice Area: Succession Planning and Trusts
The Review of Financial Advice is the Jersey Financial Services Commission's response to the UK's Retail Distribution Review, which took effect from 1 January 2013. Mourant Ozannes outlines the proposed new restrictions on financial advice and what businesses need to do before 1 January 2014.
Law Firm: Mourant Ozannes | Published: 15 May 2013 | Practice Area: Regulation and Compliance
On 18 February 2013, the Cayman Islands Court of Appeal released its judgment in Re FIA Leveraged Fund. The judgment will be of significant interest to directors and managers of investment funds, as it provides helpful clarification on how to ensure in specie distributions are effective.
Law Firm: Mourant Ozannes | Published: 07 May 2013 | Practice Area: General Financial Services
A recent judgment of the Royal Court has provided welcome clarification of the principles that will govern the exercise of the jurisdiction to remove a protector from office. The case concerned an application by beneficiaries of two Jersey discretionary trusts for the removal of the Protector.
Law Firm: Mourant Ozannes | Published: 03 May 2013 | Practice Area: Succession Planning and Trusts
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