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Articles

Legal analysis by Harneys lawyers

Tax and Regulatory - A comparative study on CRS and FATCA: British Virgin Islands

This article was originally published in China Business Law Journal in February 2017, click here to access. The Common Reporting Standard (CRS) is the standard for the automatic exchange of financial account information produced by the OECD, which...

Tax and Regulatory - Russia Sanctions and the use of EU-based holding companies and SPVs

This Article examines in summary whether EU-based subsidiaries of the sanctioned Russian state-owned entities listed in Council Regulation (EU) 833/2014 (Regulation 833) may fall within the scope of the all-important capital market and lending...

Tax and Regulatory - The Cyprus position - ESMA publishes practical guide on transparency directive major holdings notification regime

The European Securities and Markets Authority (ESMA) has published a practical guide (Guide) providing an overview of the national rules of each Member State for the major holdings notification regime provided for under EU Directive 2004/109/EC on...

Shipping and Aircraft - Importation of yachts into the BVI

​ The primary issues that a person intending to import a yacht into the BVI needs to consider are import duties and satisfaction of any applicable regulatory/licensing requirements. The starting point takes us to the Customs Management and...

Investment Funds - A comparison of Cayman and US funds

In a recent interview with HFM Week, Harneys Partner Ian Gobin compared Cayman and US funds and discusses how Cayman continues to lead the market. The full interview was published in February 2017 in their report, How to start a Hedge Fund in the...

Restructuring and Insolvency - Judges lead the way on cross-border insolvency initiatives

The last decade has exposed the bankruptcy courts across the globe to a large volume of international work, and with that experience in mind, the Judicial Insolvency Network (JIN) held its inaugural meeting in Singapore in late 2016, as outlined in...

Restructuring and Insolvency - 2016 in review: The rise of Cayman Islands share valuation disputes and professional dissenting shareholders

During 2016, shareholders in Cayman Islands companies often availed themselves of the Court procedure for determining the fair value of their shares. That trend is likely to continue into 2017. A substantial driver of this has been the perceived...

BVI Banking & Finance - Sell-side risk in the BVI

In an era of increasing complexity in regulation globally, the BVI has carefully built a simple and clear regulatory framework that minimises the legal risk for lenders and financial markets participants dealing with BVI companies. Legal The...

BVI Banking & Finance - Notes from smaller islands: 2016 BVI review and 2017 outlook

2016 was the year of Donald Trump, Brexit and extensive overtime for celebrity obituary writers. The 2016 Atlantic hurricane season was equally active: the most expensive since 2012 and the deadliest since 2005. The BVI missed out on most of the...

Tax and Regulatory - BRRD - The Cyprus position

In early 2013 the Cyprus banking sector was in severe difficulties. As a result of the disproportionately large banking sector, Cyprus was facing a major economic crisis. Laiki bank, the second largest bank in Cyprus, was on the verge of bankruptcy...

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