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Articles

Legal analysis by Harneys lawyers

Restructuring and Insolvency - Supreme Court of Bermuda revisits seldom-relied upon quia timet jurisdiction of the old Courts of Chancery

In what proved to be a late Christmas present for the board of International Investments Enterprises Ltd (IIEL), Harneys Bermuda successfully invoked the now seldom relied upon quia timet, “because he fears” jurisdiction of the Supreme...

Tax and Regulatory - The Offshore Funds Blog: ​Why Offshore? A lesson from David (and Ian) Cameron

This post was originally published on The Offshore Funds Blog, which aims to demystify hedge funds. Click here to subscribe to the blog or read the original post. As we saw this week in the House of Commons, David Cameron is quite capable of defending...

Asia Investment Funds - The Offshore Funds Blog: AIMA adds voice to those defending offshore funds

This post was originally published on The Offshore Funds Blog, which aims to demystify hedge funds. Click here to subscribe to the blog or read the original post. I was really pleased to see yesterday that AIMA, the Alternative Investment Management...

Restructuring and Insolvency - Confidentiality in the BVI: What records are available?

Despite the popular myth of the secrecy of BVI companies, the reality on the ground paints a different picture. Comprehensive details of ownership and other information are available, especially to the victims of fraud and those seeking to trace...

Restructuring and Insolvency - Disclosure of Information in the BVI

Disclosure orders constitute a very powerful weapon for the tracking down and recovery of assets. Given the strict statutory and regulatory requirements for keeping records of beneficial ownership and other data (see our guide on confidentiality...

Litigation - Black Swan: “stand-alone” injunctions in support of foreign proceedings

Download a PDF of this article here. The BVI court has jurisdiction to grant “stand-alone” injunctions in support of foreign proceedings. These are “stand-alone” in the sense that an injunction order can be made where no other...

BVI - Appointment of Receivers in the British Virgin Islands

The Receiver represents arguably the most powerful weapon in the armoury available for asset tracing into the BVI. As BVI companies are often utilised as holding vehicles, utilising a receiver to take control of the corporate structure and move...

Restructuring and Insolvency - Restoration and Bearer Shares in the BVI

Download a PDF of this article here. Restoring a company to good standing is one avenue by which a creditor may pursue an asset thought to have vanished. BVI companies are often times incorporated to fulfil a specific investment purpose, and in many...

Japan Investment Funds - ​Iranian Sanctions Relief in the UK Overseas Territories: An update for Bermuda, BVI and Cayman

This bulletin is an update to our earlier article on implementation of the Joint Comprehensive Plan of Action (JCPOA) across the European Union and related matters of 4 February 2016 which can be found here. Iran sanctions in UK Overseas...

Corporate and Commercial - Backdating contracts and other documents and instruments

One of the thornier issues which comes up in legal practice from time to time is the backdating of documents. Legally speaking, this is something that you should not do – or more accurately, there will only ever rarely be occasions when this is...

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