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Legal Updates

Developments in law or practice in our jurisdictions

17 June 2009 - Funds Update: Cayman admitted to IOSCO

The Cayman Islands Monetary Authority (CIMA) announced yesterday that it has been formally admitted as an ordinary member of the International Organization of Securities Commissions (IOSCO). At the same time CIMA officially became a party to the IOSC...

18 May 2009 - Specialised commercial court opens in British Virgin Islands

The British Virgin Islands has opened a new Commercial Court which will specialise in cross-border commercial and insolvency matters. In two ceremonies earlier this month, the government of the BVI formally opened the court and signed a memorandum of...

30 March 2009 - Litigation Update: Madoff Fallout

Whilst we hope none of our clients are affected by the Madoff fallout, a large number of BVI and Cayman funds have lost enormous sums of money in the scandal, and face further issues from the liquidation of Bernard L. Madoff Investment Securities...

30 March 2009 - Distressed Funds Update: Gates, Pockets and Cures

In the last three months of 2008, fund managers in many different sectors were forced into gating or suspending redemptions by the turmoil in the financial markets, restrictions on certain investment activities and the Lehman bankruptcy. As funds were...

30 March 2009 - Investment Funds Update: Brazil and Cayman Islands sign MOU

The Cayman Islands Monetary Authority (CIMA) has strengthened its commitment to cooperating and sharing information with international regulatory counterparts by entering into a Memorandum of Understanding (MOU) with the Comissão de Valores...

30 March 2009 - Shipping Update: Smooth Sailing in Difficult Economic Times

It is an accepted truth that periods of economic downturn give rise to unique and interesting commercial opportunities. This principle continues to hold true in the current economic climate, the fact of meagre credit stores notwithstanding, since there...

30 March 2009 - Banking & Finance Update: Enforcing Share Mortgages in the “New Old Fashioned Way”

Because of levels of economic turmoil not seen for nearly a century, some secured creditors have been taking a slightly fresh approach in relation to realisation of their security in the event of a default. One of the common features of secured financing...

30 March 2009 - Regulatory Update: New BVI regulatory legislation in the pipeline

The BVI Financial Services Commission at its February Meet the Regulator conference signalled its intent that a number of key areas of the BVI’s financial services regulatory regime will be reviewed in the coming months. Anti-money laundering...

30 March 2009 - Trusts Update: Private Trust Companies

Offshore trusts continue to be a popular vehicle to hold and consolidate family wealth for future generations. However, in the current economic climate clients have become increasingly concerned to exercise personal control over the administration of...

12 February 2009 - New Anti-Money Laundering and Terrorist Financing Code of Practice for BVI Funds

A report by Hedgeweek.com which summarizes Harneys' published analysis of revisions to the British Virgin Islands Anti Money Laundering and Terrorist Financing Code of Practice, promulgated in February 2009. Publication: Hedgeweek.com Public

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