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Legal analysis by Harneys lawyers

Restructuring and Insolvency - Cayman decision of Herald Fund SPC

The Cayman Islands Court of Appeal decision in In the matter of the Herald Fund SPC (In Official Liquidation) has provided some clarity on the ranking of priority in liquidation of amounts owing to shareholders and former shareholders of a company...

BVI - Senior officer resignations – what steps do licensees need to take?

In light of increased numbers of senior officer resignations, this article reviews the steps licensees must take to avoid risking enforcement action as a breach of the parent legislation under which the licensee’s licence is granted. When...

Latin America - International Financial Centres will facilitate the opening up of Cuba

When Raul Castro took over from his brother as President of Cuba in 2008, he began a long-anticipated process of political and economic reform. As a result of his strategy, the stagnant economy has been gradually coming to life, galvanised by a...

Media & Entertainment - BVI e-signatures: providing flexibility in cross-border transactions for nearly 15 years

Electronic signatures (e-signatures) provide flexibility and efficiency in cross-border transactions, are virtually accessible from anywhere in the world, and, given the advancements in digital signature technology, provide arguably greater security...

Corporate and Commercial - Five questions lenders should ask before contracting with BVI counterparties

Lenders of BVI contracting parties are most often concerned with whether the Company they are contracting with has the capacity to enter into the transaction. However, there are a number of other questions which a prudent lender needs to ask, and...

Investment Funds - Anguilla snapshot: options and advantages

Anguilla, or “British Anguilla” is an attractive jurisdiction to North America’s private equity market; but what other corporate options does it offer, and how is it different from the BVI? Anguilla is just over 100 miles east of...

BVI Corporate & Commercial - An unusual choice? The BVI Restricted Purposes Company

The BVI is well known as a jurisdiction of choice for company law due to its corporate flexibility, transactional certainty and protection for third parties dealing with BVI business companies. But for one BVI corporate vehicle, the Restricted...

Banking and Finance - Getting to the ’art of the matter | Key considerations for using BVI structures in art-secured lending

The art finance market has seen an unprecedented boom in recent years, buoyed by changing perspectives amongst wealth management players and art collectors. Wealth managers increasingly see art as an integral part of any wealth management offering...

Bermuda - ESMA 2016 Advice suggests 'go slow' on Cayman and BVI AIFMD Passporting

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

Property and Real Estate - Behind BVI’s Brexit

More than two months after the United Kingdom’s decision to leave the EU, predictions about what the UK’s exit will look like are still speculative. What are the legal and constitutional implications of Brexit for the BVI? For now...

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