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Articles

Legal analysis by Harneys lawyers

Bermuda - ESMA guidance published on application of AIFMD Passport to Non-EU Jurisdictions

The European Securities and Markets Authority (ESMA) published its advice to the European Parliament, the European Council and the European Commission on 19 July 2016 in relation to the extension of the Alternative Investment Fund Managers Directive...

Restructuring and Insolvency - New York Supreme Court rules that derivative claims under Cayman law must first go through the Cayman Courts

Summary A recent decision by the Appellate Division of the Supreme Court of New York has affirmed a first instance decision of the Supreme Court1 that the law of the Cayman Islands applied2 on the question of the law applicable to derivative...

Restructuring and Insolvency - Anti-suit injunction allows winding up to proceed in Harmony

In Re Ardent Harmony Fund Inc (In Official Liquidation)(FSD 54 of 2016), Chief Justice Smellie granted an anti-suit injunction restraining the largest creditor of Ardent Harmony Fund Inc (the Fund) from continuing proceedings in the Supreme Court of...

Tax and Regulatory - Cayman Islands guide to ship finance 2016

This Cayman guide to ship finance provides an overview of the key shipping-related issues, legal system and laws in Cayman, and explores the following questions: Due diligence 1. How does one demonstrate title to or legal ownership of a vessel...

Investment Funds - Reclassification deadline fast approaching for Bermuda exempt funds

Funds classified as Exempt Funds under the Investment Funds Act 2006 of Bermuda have until 3 October 2016 to be reclassified as Class A Exempt Funds or Class B Exempt Funds (the New Classes). The process is fairly straightforward and involves Bermuda...

Corporate and Commercial - A 60 second guide to dealing with BVI companies

This article covers the most commonly-asked questions regarding the use of BVI companies in transactions. For more detailed information please click here. 1. What information is publicly available? A BVI company’s M&As and public...

Tax and Regulatory - At what costs? Court of Appeal ruling raises questions about BVI Legal Profession Act

In Garkusha v Yegiazaryan and Ors (BVIHCMAP 2015/0010), the full Court of Appeal held that the fees of foreign lawyers not licensed under the Legal Profession Act 2015 (the Act) are not recoverable in a costs assessment. However, in seeking to settle...

Restructuring and Insolvency - Update: Restructuring and insolvency in Bermuda

​​This Restructuring and Insolvency Guide to Bermuda provides an overview of the key issues, legal system and laws in Bermuda, and explores the following questions: Forms of security 1. What are the most common forms of security granted over...

Tax and Regulatory - Benefits of using Cyprus based companies to invest in Iran

Introduction On January 16 2016 the European Union implemented the Joint Comprehensive Plan of Action, which scaled back sanctions on Iran and marked the country's return to international capital (and other) markets. Investment in Iran through...

Restructuring and Insolvency - Mergers and fair value: What does it mean to a dissenting shareholder?

A comparison of laws in the British Virgin Islands, Cayman Islands and Bermuda Shareholders in a company that is the subject of a takeover and merger have certain intrinsic rights available to them in the event that they dissent to the merger...

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