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Articles

Legal analysis by Harneys lawyers

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...

Restructuring and Insolvency - The Indah Kiat Scheme – Inadequate Notice and Much More

The recent judgment by Mr Justice Snowden in the English case of Indah Kiat International Finance Company B.V. [2016] EWHC 246 (Ch) (Indah Kiat) adjourning the convening hearing in respect of a scheme of arrangement highlights the importance of providing...

Restructuring and Insolvency - Baha Mar: David vs Goliath in the Fight Over Insolvency Proceedings of a Bahamas Company

The decision by the US Bankruptcy Court in Re Northshore Mainland Services, Inc et al (Case No 15-11402-KJC) (Baha Mar) shows sensible judicial restraint in favour of offshore courts (where appropriate). §109(b) of Chapter 11 of the U...

Banking and Finance - Mandatory "bail-in" clauses for finance documents

With effect from 1 January 2016 all foreign (non-EU) finance documents entered into with regulated financial institutions within the EU must contain a mandatory “bail-in” clause with respect to any liabilities of the financial institution.

Property and Real Estate - The EU Succession Regulation: Spotlight on Cyprus

EU citizens residing or domiciled in Cyprus have a number of interesting options to consider when making an election of a jurisdiction whose law will apply to their estate.

BVI - BVI High Court confirms that exercise of discretion to wind up a company not dependent on “a head counting exercise”

The BVI Court’s discretion cannot be decided simply on the basis of the number of creditors opposing the making of the order and the quantum of the debt they are owed and that it is not merely “a head counting exercise”.

Islamic Finance - Why Islamic finance and offshore financial centres go hand-in-hand

​​ In early 2016 popular opinion on the utility and function of offshore centres (OFCs) or, to use the more inflammatory term, tax havens, must be close to an all-time low. The general view, stirred up by cash-strapped governments and the media...

Property and Real Estate - Is it time to push the envelope (or unwind the trust)?

The clock is ticking towards April 2017 when the UK Government intends to implement the proposals outlined at the Summer Budget on 8 July 2015 on new inheritance tax (IHT) rules on residential property in the United Kingdom held indirectly by...

Litigation - Bermuda Supreme Court decision puts spotlight on issues with bringing directors' liability claims

Greater scrutiny of applications to serve proceedings out of Bermuda is inevitable following a ruling by the island’s Supreme Court. The decision also highlights an apparent gap in Bermuda’s rules. Chief Justice Ian Kawaley in The Majuro...

Cyprus Banking & Finance - Credit Acquiring Companies in Cyprus

Cyprus Associates Marios Koutsios and Demetris Nicolaou explain how recent changes in Cyprus law have given banks the opportunity to proceed with securitisation of non-performing loans.

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