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Creating and registering security interests over assets of a BVI Business Company
Banking & Finance

Creating and registering security interests over assets of a BVI Business Company

Entering into security financing transactions with BVI Business Companies (BCs) is a familiar part of the global financial services landscape given the use and presence of BCs. The ease of use of BCs in these types of transactions is facilitated to a large extent by the flexibility of the BVI Business Companies Act, 2004 (the BCA). As it is common for BCs to maintain their assets outside of the British Virgin Islands, the focus of this note will be on what should be done under the BCA in relation to the creation and registration by a BC of security over its foreign assets which is governed by a foreign law.
Cayman Islands: the new ground zero for US hedge funds engaging in share appraisal litigation
Litigation & Insolvency

Cayman Islands: the new ground zero for US hedge funds engaging in share appraisal litigation

The Cayman Islands is undoubtedly a leading financial centre and has a sophisticated, well developed legal system. Despite the international and cross-border nature of the jurisdiction, it is worth considering just how the islands have become the hot zone for mostly United States-based hedge funds litigating primarily against Chinese operating entities that are seeking to merge by availing themselves of the Cayman merger regime.