This comprehensive guide, courtesy of Harneys and The Practical Law Company, uses a question and answer format to examine in detail the types of retail and hedge funds in the BVI, the regulatory framework that governs them and the requirements that apply to managers or operators of these funds.
Law Firm: Harneys | Published: 25 January 2012 | Practice Area: Regulation and Compliance
From January 2012, a new regulatory authorisation process for the establishment of privately placed funds is available in Jersey. This briefing provides a general overview of the new PPF regime, how it will be managed and administrated, permitted investors and promoter requirements.
Law Firm: Mourant Ozannes | Published: 24 January 2012 | Practice Area: Regulation and Compliance
From a director's perspective, in addition to creating a strategy to increase shareholder value, he or she must also consider how that value should be distributed. This briefing looks at how Jersey law deals with the shareholder dividends and the key issues to consider before making a payment.
Law Firm: Mourant Ozannes | Published: 19 January 2012 | Practice Area: Directors
Under the Mutual Funds (Amendment) Law, 2011 which came into force in December, certain master funds in the Cayman Islands will be subject to new regulations. This briefing explains who will be affected and what will be the impact of the regulation.
Law Firm: Mourant Ozannes | Published: 09 January 2012 | Practice Area: Regulation and Compliance
The Guernsey Royal Court has delivered its first judgment on a contested company administration application since the introduction of the Companies Law 2008. The decision provides useful guidance on the factors the court will consider in exercising its discretion to make an administration order.
Law Firm: Mourant Ozannes | Published: 21 December 2011 | Practice Area: Company Administration
The Royal Court of Guernsey has ruled that restraint orders obtained in Guernsey on requests from foreign authorities can only apply to assets located in the Bailiwick. Mourant Ozannes take an in-depth look at King v HM Procureur and outline the Court's findings on extraterritorial effect.
Law Firm: Mourant Ozannes | Published: 15 December 2011 | Practice Area: Domicile and residence
The British Virgin Islands promotes a type of company known as 'segregated portfolio companies'. This article explores the likely way in which a court in an onshore common law jurisdiction may deal with the various issues which would arise in relation to an insolvent British Virgin Islands SPC.
Law Firm: Harneys | Published: 12 December 2011 | Practice Area: Corporate Financing
This article from offshore specialists Harneys outlines how disclosure orders constitute an important weapon for the tracking down and recovery of assets, and therefore, an important area in both the Commercial Court and the High Court.
Law Firm: Harneys | Published: 08 December 2011 | Practice Area: Sales and Asset Finance
This briefing studies In the Matter of the Y Trust [2011], which involved an application to distribute the assets of the Trust. In addition to outlining the case's background and decision, Mourant Ozannes studies the various parties' positions and the wider legal principles at play.
Law Firm: Mourant Ozannes | Published: 02 December 2011 | Practice Area: Succession Planning and Trusts
The court in the Cayman Islands, as in England, will not readily interfere with the terms of a trust nor will it allow a trustee to depart from its terms, other than in certain clearly delineated circumstances. In this briefing, Mourant Ozannes outline what a trustee can do in such circumstances.
Law Firm: Mourant Ozannes | Published: 25 November 2011 | Practice Area: Regulation and Compliance
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