Unravelling
complexity.

Insights

complexity

48 Results

BVI corporate reorganisations and solvent restructurings – A general guide
Banking & Finance

BVI corporate reorganisations and solvent restructurings – A general guide

The BVI Business Companies Act 2004 (the BC Act) provides an extremely flexible framework for reorganisations or restructurings involving solvent British Virgin Islands companies. This guide outlines key considerations under the BC Act and other relevant law regarding the following: share and asset sales, including “hive-outs” and “hive-downs”; inter-company financing and re-financing; distributions, including “hive-ups” and share buybacks; mandatory redemptions (“squeeze-outs”); mergers and consolidations, including “de-merger” structures; plans and schemes of arrangement, continuations and discontinuations; and new incorporations and voluntary liquidations.
The Cayman Lawyer: Episode three - The next generation of Caymanian lawyers
Litigation & Insolvency

The Cayman Lawyer: Episode three - The next generation of Caymanian lawyers

On this episode of the Cayman Lawyer, Litigation and Insolvency partner and director of the Harneys articled clerk programme, Katie Pearson is joined by associates and recent articled clerk graduates Natasja Levy and Moesha Ramsay-Howell as they discuss starting their legal careers, and their experience with the articled clerk programme.
SPACs – What family offices in Asia need to know
Banking & Finance

SPACs – What family offices in Asia need to know

This article, originally published by Hubbis, offers a deconstruction of the increasingly pertinent phenomenon that is the SPAC structure. It breaks down what a SPAC is, before elaborating on the details of note surrounding SPACs, how they can be capitalised upon, and ultimately whether SPACs are here to stay, or are simply something of a flash in the pan.
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 and the recent FATF listing
Investment Funds

Cayman Islands and the recent FATF listing

At its plenary session on 25 February 2021, the Financial Action Task Force (FATF) included the Cayman Islands as a jurisdiction being monitored for the active resolution of identified deficiencies in its regimes for the countering of anti-money laundering, terrorist financing and proliferation financing. While no significant issues were identified with the Cayman Islands compliance regimes, the Cayman Islands were given three action items aimed at demonstrating the effectiveness of its compliance regimes and therefore included on the list of jurisdictions being monitored.
Harneys launches new Legal Minds on Markets podcast series
Corporate

Harneys launches new Legal Minds on Markets podcast series

Introducing Legal Minds on Markets, a new series of podcasts providing clear views and incisive commentary on trending topics in the financial world with an offshore slant.
Registering security interests created by Cayman Islands exempted companies
Banking & Finance

Registering security interests created by Cayman Islands exempted companies

This Guide discusses the Cayman Islands Companies Act (the Companies Act) requirements relating to the registration of security interests (eg mortgage, charge, pledge, encumbrance) over the assets of a Cayman Islands exempted company.
Taking security over shares in a Cayman Islands company
Investment Funds

Taking security over shares in a Cayman Islands company

This guide discusses the Cayman Islands law requirements when taking security over shares in a Cayman Islands exempted company (a company).