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Articles

Legal analysis by Harneys lawyers

Tax and Regulatory - Cyprus signs double tax treaty with Luxembourg

After ten years of negotiations Luxembourg and Cyprus signed their first Double Tax Treaty (the Treaty) on 8 May 2017. The Treaty is pending ratification by both contracting states. Should it be ratified by both parties before the end of 2017, the Treaty...

Restructuring and Insolvency - The Pacific Andes saga: forum shopping, Chapter 11 and just and equitable winding up

‘Forum shopping’ can lead to some fierce jurisdictional battles particularly in insolvency where the choice can be stark between debtor and creditor friendly procedures. This is the scenario with which the BVI Commercial Court has been...

Restructuring and Insolvency - British Virgin Islands: restructuring and insolvency

Harneys partner Andrew Thorp and senior associate Mark Rowlands contributed “British Virgin Islands: Restructuring & Insolvency” in The In-House Lawyers, Restructuring & Insolvency Country Comparative Guide. The chapter is...

Restructuring and Insolvency - Bermuda: restructuring and insolvency

Harneys’ affiliate office Zuill & Co contributed “Bermuda: Restructuring & Insolvency” in The In-House Lawyers, Restructuring & Insolvency Country Comparative Guide. The chapter is written in an easy to use Q&A...

Investment Funds - Shareholder activism – considerations for BVI companies

This article examines the key BVI legal considerations for activist shareholders considering investing in a BVI company. Shareholder activism is an increasingly global phenomenon. Estimates suggest assets under management (AUM) by activist...

BVI Banking & Finance - Divided loyalties – the issue of directors’ duties in joint ventures

Every company lawyer is taught from an early stage that a director owes their duties to the company, and not to the shareholders or any individual shareholder. This is sometimes referred to as the rule in Percival v Wright [1902] 2 Ch 401. In relation to...

BVI Banking & Finance - Security registrations in BVI – a closer look at difficult issues

One of the more popular features of BVI company law is its regime for registering security interests. It is quick, clean and efficient – either party can register security online by merely filing a form with the relevant particulars and paying the...

BVI Banking & Finance - The company’s property – litigation funding and insolvent companies

Tucked away in dusty corners of the Insolvency Act 2003 are two slightly obscure provisions: sections 251 and 257. Those sections deal with various rights of action vested in the liquidator of an insolvent company, and they provide that any proceeds of...

BVI Banking & Finance - Class rights in BVI company law

BVI company law has two overarching characteristics. Firstly, it maximises flexibility to ensure that international users of offshore vehicles can structure their companies in a way that suits their needs. Secondly, it provides very clear black letter...

Tax and Regulatory - Cyprus snapshot: options and advantages

Cyprus has been a member state of the European Union since 2004 and one of the top venues for the incorporation and establishment of businesses across Europe. Cyprus boasts an impressive list of double tax treaties which can be fundamental to tax...

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