Walkers

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190 Elgin Avenue
George Town, Grand Cayman KY1-9001, Cayman Islands
Phone: (345) 949-0100
Fax: (345) 949-7886
Areas Of Practice
  • Alternative Dispute Resolution (ADR)
  • Bankruptcy
  • Commercial Law & Contracts
  • Finance & Banking
  • Insurance
  • International Law & Trade
  • Labor & Employment Law
  • Mergers & Acquisitions
  • Real Estate
  • Securities Law
  • Taxation
  • Wills, Trusts, & Estate Planning
See more
Locations
Other Countries
  • Bermuda
  • British Virgin Islands
  • Cayman Islands
  • Channel Islands
  • Hong Kong
  • Ireland
  • Singapore
  • United Arab Emirates
  • United Kingdom
Number of Attorneys
400+ Attorneys

Beneficial ownership registers: Jersey’s latest consultation paper on access to information

Jersey: Consultation paper on access to information - On 26 April 2024, the States of Jersey published its latest consultation paper on "Access to information on Jersey's Central Register of Companies and legal persons". This…more

Anti-Money Laundering, Beneficial Owner, Customer Due Diligence (CDD), European Court of Justice (ECJ), FATF

See all updates »

A new cryptocurrency remedy against software developers?

There has been an increase in claims relating to misappropriated cryptoassets in offshore jurisdictions. The Courts of the Cayman Islands, BVI and Bermuda are guided by the decisions of the Courts of England and Wales. To…more

Appeals, Bitcoin, British Virgin Islands, Cayman Islands, Cryptocurrency

See all updates »

EU sanctions update: Guidance published on the 'No Russia Clause'

The EU has continued to tighten economic sanctions against Russia in recent months with the introduction of the 12th sanctions package on 18 December 2023 and the 13th sanctions package on 24 February 2024. Of particular…more

Aviation Industry, Breach of Duty, Economic Sanctions, EU, Export Bans

See all updates »

Cayman Islands - Company Law Amendments

The Companies (Amendment) Act, 2024 (the "Amendment Act") has been passed by the Cayman Islands Parliament. The Amendment Act is not yet in force. It will come into force by the making of a subsequent Cabinet order. When…more

Cayman Islands, Companies Act, Financial Services Industry, Financial Solvency, Foreign Entities

See all updates »

Economic Substance for Jersey Funds

Jersey's economic substance regime has been in existence for four years now. On the one hand its scope has expanded to include partnerships as well as self-managed corporate funds; but on the other hand certain exemptions apply…more

CIGA, Economic Substance Doctrine, Enforcement, Investors, UK

See all updates »

The use of Cayman Islands structures in Islamic real estate financings in the UK

The growth of Islamic finance globally during the past decade has been significant with a recent UN report citing research showing that Islamic finance assets had almost doubled between 2014 and 2020 to US$ 3.374 trillion and…more

Cayman Islands, Financial Transactions, Muslims, Real Estate Financing, Real Estate Market

See all updates »

Cayman Islands - Company Law Amendments

The Companies (Amendment) Act, 2024 (the "Amendment Act") has been passed by the Cayman Islands Parliament. The Amendment Act is not yet in force. It will come into force by the making of a subsequent Cabinet order. When…more

Cayman Islands, Companies Act, Financial Services Industry, Financial Solvency, Foreign Entities

See all updates »

Jersey employment law updates: recent changes and horizon scanning

Jersey’s employment laws are constantly moving forward, and it can be demanding for employers and HR professionals looking to keep up with best practice. We’ve put together a guide to the recent changes to Jersey…more

Bereavement Leave, Gender-Based Pay Discrimination, Human Resources Professionals, Minimum Wage, Public Employees

See all updates »

BVI Court grants anti-suit injunction

In what is believed to be one of the first ever such orders made in the BVI, the BVI Court has granted an urgent anti-suit injunction on American Cyanamid principles to prohibit a Maltese entity ("Malta Co") from pursuing…more

Anti-Suit Injunctions, British Virgin Islands, Commercial Court, Discontinuance, Documentation

See all updates »

The importance of Alternative Dispute Resolution – Churchill v Merthyr Tydfil County Borough Council

In England & Wales proceedings are subject to a series of "Pre-Action Protocols" which set out the steps a Court would expect parties to take prior to commencing proceedings. The Pre-Action Conduct and Protocols applies to…more

Appeals, Arbitration, Dispute Resolution, Mediation, Negotiations

See all updates »

Restructuring officers appointed over troubled segregated portfolios

The Grand Court of the Cayman Islands recently confirmed expressly for the first time that it has jurisdiction to wind up a segregated portfolio company ("SPC") on the insolvency of one or more, but not all, of its segregated…more

Cayman Islands, Companies Act, Debt, Debt Restructuring, Investment Funds

See all updates »

Cayman Islands Schemes of Arrangement now available for Exempted Limited Partnerships using the Restructuring Officer Regime

A Cayman Islands scheme of arrangement is a court approved compromise or arrangement between a company and its creditors or shareholders (or classes thereof). A scheme of arrangement is frequently used to implement a financial…more

British Virgin Islands, Cayman Islands, Companies Act, Creditors, Debt Restructuring

See all updates »

Cayman Islands - Company Law Amendments

The Companies (Amendment) Act, 2024 (the "Amendment Act") has been passed by the Cayman Islands Parliament. The Amendment Act is not yet in force. It will come into force by the making of a subsequent Cabinet order. When…more

Cayman Islands, Companies Act, Financial Services Industry, Financial Solvency, Foreign Entities

See all updates »

Irish Quarterly Legal and Regulatory Report - Asset Management and Investment Funds January - March 2024

Welcome to the January – March 2024 issue of our Irish Quarterly Legal and Regulatory Developments report for Asset Management and Investment Funds. This report covers key developments during the quarter, such as: …more

AIFM, Alternative Investment Fund Managers Directive (AIFMD), Asset Management, Central Bank of Ireland, ELTIF

See all updates »

AIFMD II: Timeline to Implementation

In March, the Council of the European Union published the Alternative Investment Fund Managers Directive (AIFMD II), aimed at harmonising the rules on delegation, reporting and liquidity management, together with bringing in a…more

AIFs, Alternative Investment Fund Managers Directive (AIFMD), Deadlines, EU, European Commission

See all updates »

Cayman Islands Schemes of Arrangement now available for Exempted Limited Partnerships using the Restructuring Officer Regime

A Cayman Islands scheme of arrangement is a court approved compromise or arrangement between a company and its creditors or shareholders (or classes thereof). A scheme of arrangement is frequently used to implement a financial…more

British Virgin Islands, Cayman Islands, Companies Act, Creditors, Debt Restructuring

See all updates »

New statutory guidance on protected disclosures published

This Act requires in scope employers to take appropriate steps to establish, operate and maintain secure and confidential reporting channels and procedures for reporting persons to make protected disclosures, appoint impartial…more

Confidential Information, Ireland, Protected Disclosures, Reporting Requirements, Whistleblowers

See all updates »

Update on the Removal of the Cayman Islands from the FATF's List of Jurisdictions Under Increased Monitoring

Following the conclusion of the most recent plenary of the Financial Action Task Force ("FATF") on 23 June 2023, the FATF has announced that it has made the initial determination that the Cayman Islands has substantively…more

AML/CFT, Anti-Money Laundering, Cayman Islands, Collateralized Loan Obligations, EU

See all updates »

New statutory guidance on protected disclosures published

This Act requires in scope employers to take appropriate steps to establish, operate and maintain secure and confidential reporting channels and procedures for reporting persons to make protected disclosures, appoint impartial…more

Confidential Information, Ireland, Protected Disclosures, Reporting Requirements, Whistleblowers

See all updates »

Non-Compliant Transfers of Cayman Islands Insurance Business: To Void, or Not to Void, That Is the Question

Since the introduction of the Insurance Act in 1979, the Cayman Islands has established itself as one of the largest, and most sophisticated, centres for international insurance business. As of the first quarter of 2023, the…more

Beneficial Owner, Beneficiaries, Business Plans, Cayman Islands, Insurance Acts

See all updates »

Schemes of Arrangement – any interest?

In its recent judgment in Tristan Oil Ltd v The Scheme Creditors (BVIHCM 2023/0120) the BVI Commercial Court (the Hon. Justice Paul Webster (Ag.)) has considered the question of when a party not bound by a scheme of arrangement…more

British Virgin Islands, BVI Business Companies, Commercial Court, Enforcement, Fraud

See all updates »

Updated Procedures for De-Registration of Cayman Islands Mutual Funds and Private Funds

On 17 August 2022, the Cayman Islands Monetary Authority (“CIMA”) published a set of new regulatory measures in connection with the de-registration of mutual funds and private funds (the “Procedures”) as regulated funds in the…more

Cayman Islands, CIMA, Mutual Funds, Private Funds, Registered Funds

See all updates »

Updated Procedures for De-Registration of Cayman Islands Mutual Funds and Private Funds

On 17 August 2022, the Cayman Islands Monetary Authority (“CIMA”) published a set of new regulatory measures in connection with the de-registration of mutual funds and private funds (the “Procedures”) as regulated funds in the…more

Cayman Islands, CIMA, Mutual Funds, Private Funds, Registered Funds

See all updates »

Update on the Removal of the Cayman Islands from the FATF's List of Jurisdictions Under Increased Monitoring

Following the conclusion of the most recent plenary of the Financial Action Task Force ("FATF") on 23 June 2023, the FATF has announced that it has made the initial determination that the Cayman Islands has substantively…more

AML/CFT, Anti-Money Laundering, Cayman Islands, Collateralized Loan Obligations, EU

See all updates »

Irish Quarterly Legal and Regulatory Report - Asset Management and Investment Funds January - March 2024

Welcome to the January – March 2024 issue of our Irish Quarterly Legal and Regulatory Developments report for Asset Management and Investment Funds. This report covers key developments during the quarter, such as: …more

AIFM, Alternative Investment Fund Managers Directive (AIFMD), Asset Management, Central Bank of Ireland, ELTIF

See all updates »

CIMA guidance on business as usual operations – update 2023

While there is no ‘one size fits all’ solution as to how boards of directors should regulate their business and conduct their meetings, directors must pay regard to applicable law, the fund’s memorandum and articles of…more

Board of Directors, Cayman Islands, CIMA, Mutual Funds, New Guidance

See all updates »

Cayman Islands – Merchant Shipping Act

Introduction - The Merchant Shipping Act, 2024 (the "2024 Act") came into force on 11 March 2024 and replaced the previous legislation, the Merchant Shipping Act (as amended) (the "Old Act"). The 2024 Act has updated the Old…more

Cayman Islands, Change of Ownership, Compensation, Liability, Merchants

See all updates »

Removal of the Cayman Islands from the EU AML List and UK AML List

Following the removal of the Cayman Islands from the Financial Action Task Force's list of "jurisdictions under increased monitoring" in October 2023, on 12 December 2023, the European Commission adopted the Commission Delegated…more

AML/CFT, Anti-Money Laundering, Cayman Islands, Due Diligence, EU

See all updates »

Guernsey data protection series – Data Subject Access Requests

This briefing is a part of a Walkers series on the Data Protection (Bailiwick of Guernsey) Law, 2017 (the "DPL"), and provides an overview of section 15 of the DPL (the Right to Access) and describes some key points which…more

Data Protection, Personal Protective Equipment, Right-To-Access

See all updates »

Update on the beneficial ownership regime in the Cayman Islands - New Technical Guidance for corporate services providers

On 15 March 2024, the Ministry of Financial Services and Commerce (the "Ministry") issued Technical Guidance for corporate services providers ("CSPs") to facilitate changes to internal processes in support of the transition to a…more

Beneficial Owner, Cayman Islands, Common Reporting Standard (CRS), Corporate Governance, Filing Requirements

See all updates »

Cayman Islands STAR Trusts: Reinforcing the Role of Enforcers

On 1 February 2024, Kawaley J handed down a judgment in the case of In re G Trust (Cause No. FSD 270 of 2023) in which he commented on some of the key features of Cayman Islands STAR trusts contained in Part VIII of the Trusts…more

Beneficiaries, Cayman Islands, Enforcement, Trusts

See all updates »

Irish Quarterly Legal and Regulatory Report - Asset Management and Investment Funds April – June 2023

In this quarter's edition of the legal and regulatory report, we include a number of key outputs from ESMA, including its updates to Q&As on the application of the AIFMD and the UCITS Directive (outlined at sections 1.2 and 2.2…more

Alternative Investment Fund Managers Directive (AIFMD), Asset Management, Beneficial Owner, Central Bank of Ireland, Disclosure Requirements

See all updates »

The importance of Alternative Dispute Resolution – Churchill v Merthyr Tydfil County Borough Council

In England & Wales proceedings are subject to a series of "Pre-Action Protocols" which set out the steps a Court would expect parties to take prior to commencing proceedings. The Pre-Action Conduct and Protocols applies to…more

Appeals, Arbitration, Dispute Resolution, Mediation, Negotiations

See all updates »

Cayman Islands - Company Law Amendments

The Companies (Amendment) Act, 2024 (the "Amendment Act") has been passed by the Cayman Islands Parliament. The Amendment Act is not yet in force. It will come into force by the making of a subsequent Cabinet order. When…more

Cayman Islands, Companies Act, Financial Services Industry, Financial Solvency, Foreign Entities

See all updates »

Jersey employment law updates: recent changes and horizon scanning

Jersey’s employment laws are constantly moving forward, and it can be demanding for employers and HR professionals looking to keep up with best practice. We’ve put together a guide to the recent changes to Jersey…more

Bereavement Leave, Gender-Based Pay Discrimination, Human Resources Professionals, Minimum Wage, Public Employees

See all updates »

Guernsey’s new secondary pensions law - key points and FAQs

Guernsey’s new secondary pension law will be coming into force on 1 July 2024. It will be implemented on a phased basis over a 15 month period, beginning with the largest employers (those with 26 or more employees). The minimum…more

Contractors, Employer Contributions, Employment Contract, Income Taxes, Opt-Outs

See all updates »

FATCA / CRS update: Jersey consultation announced

The Minister for External Relations of the Government of Jersey (GoJ) recently announced a public consultation seeking views on a number of proposed changes to the operation of the Common Reporting Standard (CRS) and the US…more

Common Reporting Standard (CRS), FATCA, Financial Institutions, Financial Services Industry, Public Consultations

See all updates »

Budget 2024 – Tax Highlights Ireland

10 October 2023 – Ireland's Budget 2024 was presented in the context of a positive economic performance for Ireland — full employment, budget surpluses, rising population and a falling national debt — against a backdrop of…more

Business Taxes, Dividends, Incentives, Infrastructure, Interest Rates

See all updates »

Removal of the Cayman Islands from the EU AML List and UK AML List

Following the removal of the Cayman Islands from the Financial Action Task Force's list of "jurisdictions under increased monitoring" in October 2023, on 12 December 2023, the European Commission adopted the Commission Delegated…more

AML/CFT, Anti-Money Laundering, Cayman Islands, Due Diligence, EU

See all updates »

Ireland | Chambers 2024 Global Practice Guide on Securitisation

1. Specific Financial Asset Types - 1.1 Common Financial Assets - A wide range of asset classes have been securitised by Irish special purpose entities (SPEs): residential mortgages; commercial mortgages; auto loans;…more

AML/CFT, Corporate Taxes, EU, Financial Regulatory Reform, Financial Services Industry

See all updates »

The Challenges and Opportunities Facing the Aviation Sector

The Challenges and Opportunities Facing the Aviation Sector - Challenges face the aviation industry but its economic fundamentals remain strong, argues Walkers partner Matt Hedigan, in this thought leadership piece originally…more

Aviation Industry, Capital Raising, Economic Growth, Lessor, Ukraine

See all updates »

Reform of Jersey Limited Partnerships - Summary of the Key Benefits

Introduction - On 27 April 2022, the States of Jersey adopted the Limited Partnerships (Amendment No. 2) (Jersey) Law (the “Amendment Law”) in relation to the amendments to the Limited Partnerships (Jersey) Law 1994 (the “LP…more

Business Expansion, Flexibility Clauses, International Regulatory Standards, Limited Partnerships, Reporting Requirements

See all updates »

AIFMD II: Timeline to Implementation

In March, the Council of the European Union published the Alternative Investment Fund Managers Directive (AIFMD II), aimed at harmonising the rules on delegation, reporting and liquidity management, together with bringing in a…more

AIFs, Alternative Investment Fund Managers Directive (AIFMD), Deadlines, EU, European Commission

See all updates »

Fundamentals Asia: Hong Kong, Singapore, & Tokyo

Every year, we track certain key data from new funds that we help our clients launch. By reviewing this data, comparing it with similar surveys and incorporating insights from our conversations with clients, we aim to draw out…more

Capital Raising, Cayman Islands, CIMA, Liquidity, New Rules

See all updates »

Enforcement of arbitral awards: Bermuda, BVI, Cayman Islands, Guernsey, Irish and Jersey law

As the use of arbitration as a means of dispute resolution has grown in popularity, there has been a marked increase in the need for arbitral awards to be recognised and enforced in offshore jurisdictions. The international…more

Arbitration, Arbitration Agreements, Arbitration Awards, Bermuda, British Virgin Islands

See all updates »

Caribbean two-step? – update on Norwich Pharmacal relief against BVI registered agents

In a recent judgment, CIF v (1) DLG and (2) GIY (BVIHCM2023/0050) the BVI Commercial Court (the Hon. Justice Gerhard Wallbank) has provided guidance on the procedure which it expects to be followed by applicants seeking a…more

Anti-Money Laundering, BVI Business Companies, Caribbean, Commercial Court, Disclosure

See all updates »

The use of Cayman Islands structures in Islamic real estate financings in the UK

The growth of Islamic finance globally during the past decade has been significant with a recent UN report citing research showing that Islamic finance assets had almost doubled between 2014 and 2020 to US$ 3.374 trillion and…more

Cayman Islands, Financial Transactions, Muslims, Real Estate Financing, Real Estate Market

See all updates »

The importance of Alternative Dispute Resolution – Churchill v Merthyr Tydfil County Borough Council

In England & Wales proceedings are subject to a series of "Pre-Action Protocols" which set out the steps a Court would expect parties to take prior to commencing proceedings. The Pre-Action Conduct and Protocols applies to…more

Appeals, Arbitration, Dispute Resolution, Mediation, Negotiations

See all updates »

‘What say ye?’: The importance of creditors’ views in restructurings – an offshore perspective

Introduction - In two relatively recent offshore cases, the differing views of creditors and shareholders (and management) have been considered in the context of winding up pro- ceedings, including the criteria for the…more

Appeals, Cayman Islands, Corporate Restructuring, Creditors, Liquidation

See all updates »

Why Jersey and Guernsey companies are a great choice for UK REITs

What is a UK REIT? A Real Estate Investment Trust (REIT), despite the name, is a company (or group of companies) carrying on a property rental and investment business which, if it meets certain conditions, can elect to…more

Capital Markets, Corporate Taxes, Investment, REIT, Residency Requirements

See all updates »

Agreed Security Principles – Guernsey and Jersey Law Considerations

It is not uncommon for local counsel to be instructed on deals after Agreed Security Principles (ASPs) have been agreed between our onshore counterparts and underlying clients. Whilst we are adept at conforming local security…more

Bank Accounts, Documentation, Escrow Accounts, Grantors, Offshore Companies

See all updates »

New Guernsey trading standards rules from October 2023

Introduction - The Trading Standards (Fair Trading) (Guernsey) Ordinance, 2023 (the "Trading Standards Ordinance") is due to come into force on 2 October 2023.  From this date, businesses in Guernsey will be subject to…more

Breach of Contract, Consumer Contracts, Cooling-Off Rule, Regulatory Standards, Summary of Consumer Rights

See all updates »

Jersey's Royal Court holds that property of invalid non-charitable trusts can go to charity

Jersey's Royal Court has confirmed the existence of rules in Jersey law that: Where a trust seeks to provide for mixed charitable and non-charitable purposes, the non-charitable purpose can invalidate the charitable…more

Charitable Donations, Estate Planning, Tax Planning, Trusts

See all updates »

Practical overview of offshore legal opinions in financing transactions

It is standard practice for lenders in financing transactions to request legal opinions from counsel in each jurisdiction in which a transaction entity is established or under which law transaction documents are governed. Set…more

British Virgin Islands, Cayman Islands, Enforcement, Financial Transactions, Island of Guernsey

See all updates »

Stay a while: the interplay between winding-up proceedings and the mandatory stay provisions under the BVI Arbitration Act

The recent decision of the BVI Commercial Court (the "Court") (the Hon. Justice Ingrid Mangatal (Ag.)) in Kenworth Industrial Limited v Xin Gang Power Investments Limited BVIHCOM 2023/0006 has provided clarity on the interplay…more

Arbitration, Arbitration Agreements, British Virgin Islands, Commercial Court, Jurisdiction

See all updates »

Rule and Statement of Guidance on Nature, Accessibility and Retention of Records for Licensees Conducting the Business of Company Management in the Cayman Islands

On 30 August 2023, following industry consultation, the Cayman Islands Monetary Authority ("CIMA") issued a new Rule and Statement of Guidance on Nature, Accessibility and Retention of Records for Licensees Conducting the…more

Books & Records, Cayman Islands, CIMA, Data Protection, Due Diligence

See all updates »

Looking ahead: The Bermuda insurance M&A horizon in 2024

2023 was a fairly gloomy year for global M&A activity and the insurance sector did not emerge unscathed, recording its lowest deals count since 20201. The good news, however, is that insurance M&A activity appears poised for a…more

Acquisitions, Bermuda, Insurance Acts, Insurance Industry, Mergers

See all updates »

Grand Court grants leave to enforce a foreign interim arbitration award

On 3 February 2023 the Grand Court of the Cayman Islands delivered a judgment in the matter of Nasser Sulaiman HM Al Haidar v Jetty Venkata Uma Mahewshawara Rao (FSD 328 OF 2022 (IKJ)) explaining its decision to grant leave to…more

Arbitration, Cayman Islands, Enforcement, Foreign Arbitral Awards

See all updates »

Transposition of Credit Servicers Directive in Ireland – Overview

On 29 December 2023, the Minister for Finance signed the European Union (Credit Servicers and Credit Purchasers) Regulations 2023 (the "Regulations") into law, thereby transposing the Directive on credit servicers and credit…more

Borrowers, Central Bank of Ireland, Consumers, Credit Agreements, Creditors

See all updates »

Updated Procedures for De-Registration of Cayman Islands Mutual Funds and Private Funds

On 17 August 2022, the Cayman Islands Monetary Authority (“CIMA”) published a set of new regulatory measures in connection with the de-registration of mutual funds and private funds (the “Procedures”) as regulated funds in the…more

Cayman Islands, CIMA, Mutual Funds, Private Funds, Registered Funds

See all updates »

BVI Annual Return

The BVI Business Companies Act (as amended) (the "Act") introduced the requirement for BVI companies to file an annual return (otherwise known as a financial return) with its registered agent, with effect from 1 January 2023. …more

British Virgin Islands, BVI Business Companies, Liquidation, Tax Returns

See all updates »

Update on the beneficial ownership regime in the Cayman Islands - New Technical Guidance for corporate services providers

On 15 March 2024, the Ministry of Financial Services and Commerce (the "Ministry") issued Technical Guidance for corporate services providers ("CSPs") to facilitate changes to internal processes in support of the transition to a…more

Beneficial Owner, Cayman Islands, Common Reporting Standard (CRS), Corporate Governance, Filing Requirements

See all updates »

Looking ahead: enhancements to the Bermuda regulatory regime

Further to the Bermuda Monetary Authority's ("BMA") consultations with respect to proposed enhancements to the regulatory regime for commercial insurers and insurance groups, the following legislation will become operative on 31…more

Amended Rules, Bermuda, Insurance Industry, Prudential Regulation Authority (PRA), Regulatory Agenda

See all updates »

Pre-enforcement Steps and Enforcement Action Under Bermuda, BVI and Cayman Law

The full strength of the economic headwinds facing the UK economy is not yet clear, but a helpful recent report by insolvency and restructuring adviser Begbies Traynor provided some useful numbers around the attitudes of…more

Bermuda, BVI Business Companies, Cayman Islands, Coronavirus/COVID-19, Enforcement

See all updates »

Update on the beneficial ownership regime in the Cayman Islands - New Technical Guidance for corporate services providers

On 15 March 2024, the Ministry of Financial Services and Commerce (the "Ministry") issued Technical Guidance for corporate services providers ("CSPs") to facilitate changes to internal processes in support of the transition to a…more

Beneficial Owner, Cayman Islands, Common Reporting Standard (CRS), Corporate Governance, Filing Requirements

See all updates »

Transposition of Credit Servicers Directive in Ireland – Overview

On 29 December 2023, the Minister for Finance signed the European Union (Credit Servicers and Credit Purchasers) Regulations 2023 (the "Regulations") into law, thereby transposing the Directive on credit servicers and credit…more

Borrowers, Central Bank of Ireland, Consumers, Credit Agreements, Creditors

See all updates »

Cayman Islands Schemes of Arrangement now available for Exempted Limited Partnerships using the Restructuring Officer Regime

A Cayman Islands scheme of arrangement is a court approved compromise or arrangement between a company and its creditors or shareholders (or classes thereof). A scheme of arrangement is frequently used to implement a financial…more

British Virgin Islands, Cayman Islands, Companies Act, Creditors, Debt Restructuring

See all updates »

Looking ahead: enhancements to the Bermuda regulatory regime

Further to the Bermuda Monetary Authority's ("BMA") consultations with respect to proposed enhancements to the regulatory regime for commercial insurers and insurance groups, the following legislation will become operative on 31…more

Amended Rules, Bermuda, Insurance Industry, Prudential Regulation Authority (PRA), Regulatory Agenda

See all updates »

Cayman Islands STAR Trusts: Reinforcing the Role of Enforcers

On 1 February 2024, Kawaley J handed down a judgment in the case of In re G Trust (Cause No. FSD 270 of 2023) in which he commented on some of the key features of Cayman Islands STAR trusts contained in Part VIII of the Trusts…more

Beneficiaries, Cayman Islands, Enforcement, Trusts

See all updates »

Jersey joint ventures and nominee directors: A deep dive into Pender v CGH

Jersey companies are widely used for setting up joint ventures, particularly in a private equity context – further information on why Jersey entities are popular for private equity structures can be found here . It is a common…more

Confidentiality Agreements, Corporate Governance, Good Faith, Jurisdiction, Shareholders

See all updates »

Issues and Strategies: Trustees, Digital Assets and Fiduciary Duties

Notwithstanding the turbulent past few months, which have seen roughly $2 trillion worth of value disappear from the digital asset ecosystem, we are still seeing an increase in enquiries by high net worth individuals (“HNWIs”)…more

Cryptoassets, Cryptocurrency, Digital Assets, Fiduciary Duty, High Net-Worth

See all updates »

CIMA guidance on business as usual operations – update 2023

While there is no ‘one size fits all’ solution as to how boards of directors should regulate their business and conduct their meetings, directors must pay regard to applicable law, the fund’s memorandum and articles of…more

Board of Directors, Cayman Islands, CIMA, Mutual Funds, New Guidance

See all updates »

Schemes of Arrangement – any interest?

In its recent judgment in Tristan Oil Ltd v The Scheme Creditors (BVIHCM 2023/0120) the BVI Commercial Court (the Hon. Justice Paul Webster (Ag.)) has considered the question of when a party not bound by a scheme of arrangement…more

British Virgin Islands, BVI Business Companies, Commercial Court, Enforcement, Fraud

See all updates »

Looking ahead: The Bermuda insurance M&A horizon in 2024

2023 was a fairly gloomy year for global M&A activity and the insurance sector did not emerge unscathed, recording its lowest deals count since 20201. The good news, however, is that insurance M&A activity appears poised for a…more

Acquisitions, Bermuda, Insurance Acts, Insurance Industry, Mergers

See all updates »

Cayman Court of Appeal confirms jurisdiction to grant injunctions in support of foreign-seated arbitration

On 28 March 2024 the Cayman Islands Court of Appeal dismissed an appeal by Minsheng Vocational Education Company Limited against an injunction enjoining Minsheng from purporting to enforce certain share charges. This is the…more

Appeals, Appellate Courts, Cayman Islands, CIETAC, Foreign Arbitration Clauses

See all updates »

AIFMD II: Timeline to Implementation

In March, the Council of the European Union published the Alternative Investment Fund Managers Directive (AIFMD II), aimed at harmonising the rules on delegation, reporting and liquidity management, together with bringing in a…more

AIFs, Alternative Investment Fund Managers Directive (AIFMD), Deadlines, EU, European Commission

See all updates »

Practical overview of offshore legal opinions in financing transactions

It is standard practice for lenders in financing transactions to request legal opinions from counsel in each jurisdiction in which a transaction entity is established or under which law transaction documents are governed. Set…more

British Virgin Islands, Cayman Islands, Enforcement, Financial Transactions, Island of Guernsey

See all updates »

Transposition of Credit Servicers Directive in Ireland – Overview

On 29 December 2023, the Minister for Finance signed the European Union (Credit Servicers and Credit Purchasers) Regulations 2023 (the "Regulations") into law, thereby transposing the Directive on credit servicers and credit…more

Borrowers, Central Bank of Ireland, Consumers, Credit Agreements, Creditors

See all updates »

BVI ITA and Ministry of Finance requires entities to establish and maintain adequate systems and controls including a compliance manual

The following BVI legislative supplements to the Mutual Legal Assistance (Tax Matters) Act (“MLA Act”) and the International Tax Authority Act (“ITA Act”) were gazetted on 13 June 2022: The Mutual Legal Assistance (Tax…more

BVI Business Companies, Common Reporting Standard (CRS), Compliance, Duty to Cooperate, Enforcement Actions

See all updates »

Why Jersey and Guernsey companies are a great choice for UK REITs

What is a UK REIT? A Real Estate Investment Trust (REIT), despite the name, is a company (or group of companies) carrying on a property rental and investment business which, if it meets certain conditions, can elect to…more

Capital Markets, Corporate Taxes, Investment, REIT, Residency Requirements

See all updates »

Non-Compliant Transfers of Cayman Islands Insurance Business: To Void, or Not to Void, That Is the Question

Since the introduction of the Insurance Act in 1979, the Cayman Islands has established itself as one of the largest, and most sophisticated, centres for international insurance business. As of the first quarter of 2023, the…more

Beneficial Owner, Beneficiaries, Business Plans, Cayman Islands, Insurance Acts

See all updates »

Update on the Removal of the Cayman Islands from the FATF's List of Jurisdictions Under Increased Monitoring

Following the conclusion of the most recent plenary of the Financial Action Task Force ("FATF") on 23 June 2023, the FATF has announced that it has made the initial determination that the Cayman Islands has substantively…more

AML/CFT, Anti-Money Laundering, Cayman Islands, Collateralized Loan Obligations, EU

See all updates »

Walkers succeeds on Privy Council appeal concerning concurrent findings of fact

The Privy Council has handed down judgment on appeal from the British Virgin Islands (the "BVI") in Sancus Financial Holdings Ltd and others (Appellants) v Holm and another (Respondents). This judgment provides important…more

Appeals, British Virgin Islands, BVI Business Companies, Dismissals, Judicial Proceedings

See all updates »

Beneficial ownership registers: Jersey’s latest consultation paper on access to information

Jersey: Consultation paper on access to information - On 26 April 2024, the States of Jersey published its latest consultation paper on "Access to information on Jersey's Central Register of Companies and legal persons". This…more

Anti-Money Laundering, Beneficial Owner, Customer Due Diligence (CDD), European Court of Justice (ECJ), FATF

See all updates »

Revised Central Bank of Ireland’s Prospectus Regulatory Framework Q&A | Expansion of Euronext’s GEM to retail debt

Revised Prospectus Regulatory Framework Q&A - On 7 March 2024, the Central Bank of Ireland (the "Central Bank") published its Prospectus Regulatory Framework – Questions & Answers 2nd Edition (the "Revised Q&A"). This…more

Banking Sector, Central Bank of Ireland, Commission Delegated Regulation, EU, Euronext

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AML update: regulatory expectations in respect of beneficial ownership & control

The Jersey Financial Services Commission (the "JFSC") recently published feedback from its 2022 thematic examination on the extent to which supervised persons complied with their regulatory obligations with respect to beneficial…more

AML/CFT, Anti-Money Laundering, Beneficial Owner, Compliance, Corporate Governance

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Privy Council considers the enforcement of foreign arbitral awards in the Cayman Islands

On 19 May 2022, the Privy Council's judgment in Gol Linhas Aereas SA (formerly VRG Linhas Aereas SA) (Respondent) v MatlinPatterson Global Opportunities Partners (Cayman) II LP and others (Appellants) (Cayman Islands) [2022]…more

Appeals, Arbitration, Arbitration Agreements, Arbitration Awards, Business Litigation

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Chambers Global Aviation Finance & Leasing Guide 2022: Cayman Islands

In the 2022 Chambers and Partners Global Aviation Finance & Leasing Guide for the Cayman Islands, our aviation experts provide a comprehensive overview of the latest legal information regarding aircraft and engine purchase and…more

Aviation Industry, Borrowers, Cayman Islands, Duties, Enforcement

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Update on the beneficial ownership regime in the Cayman Islands - New Technical Guidance for corporate services providers

On 15 March 2024, the Ministry of Financial Services and Commerce (the "Ministry") issued Technical Guidance for corporate services providers ("CSPs") to facilitate changes to internal processes in support of the transition to a…more

Beneficial Owner, Cayman Islands, Common Reporting Standard (CRS), Corporate Governance, Filing Requirements

See all updates »

The Challenges and Opportunities Facing the Aviation Sector

The Challenges and Opportunities Facing the Aviation Sector - Challenges face the aviation industry but its economic fundamentals remain strong, argues Walkers partner Matt Hedigan, in this thought leadership piece originally…more

Aviation Industry, Capital Raising, Economic Growth, Lessor, Ukraine

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Personal Information Protection Amendment Bill 2023

On 15 June 2023, the Minister of Tourism and the Cabinet Office, Vance Campbell, announced the tabling of the Bill, which is scheduled to be debated in the House of Assembly today, 16 June 2023. Once passed, the remaining…more

Personal Information, Privacy Laws, Proposed Legislation, Risk Management

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Fundamentals Asia: Hong Kong, Singapore, & Tokyo

Every year, we track certain key data from new funds that we help our clients launch. By reviewing this data, comparing it with similar surveys and incorporating insights from our conversations with clients, we aim to draw out…more

Capital Raising, Cayman Islands, CIMA, Liquidity, New Rules

See all updates »

Cayman Islands – Merchant Shipping Act

Introduction - The Merchant Shipping Act, 2024 (the "2024 Act") came into force on 11 March 2024 and replaced the previous legislation, the Merchant Shipping Act (as amended) (the "Old Act"). The 2024 Act has updated the Old…more

Cayman Islands, Change of Ownership, Compensation, Liability, Merchants

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Budget 2024 – Tax Highlights Ireland

10 October 2023 – Ireland's Budget 2024 was presented in the context of a positive economic performance for Ireland — full employment, budget surpluses, rising population and a falling national debt — against a backdrop of…more

Business Taxes, Dividends, Incentives, Infrastructure, Interest Rates

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Courting Clarity: Grand Court confirms jurisdiction to determine winding up petitions notwithstanding requirement to refer disputes to foreign arbitration tribunal

On 20 November 2023, the Grand Court of the Cayman Islands (the "Grand Court") issued its ruling on a preliminary issue in In the matter of Re BPGIC Holdings Limited; namely whether a winding up petition should be stayed or…more

Cayman Islands, Debt, Dispute Resolution, Foreign Arbitral Awards, International Arbitration

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Why Jersey and Guernsey companies are a great choice for UK REITs

What is a UK REIT? A Real Estate Investment Trust (REIT), despite the name, is a company (or group of companies) carrying on a property rental and investment business which, if it meets certain conditions, can elect to…more

Capital Markets, Corporate Taxes, Investment, REIT, Residency Requirements

See all updates »

AIFMD II: Timeline to Implementation

In March, the Council of the European Union published the Alternative Investment Fund Managers Directive (AIFMD II), aimed at harmonising the rules on delegation, reporting and liquidity management, together with bringing in a…more

AIFs, Alternative Investment Fund Managers Directive (AIFMD), Deadlines, EU, European Commission

See all updates »

Transposition of Credit Servicers Directive in Ireland – Overview

On 29 December 2023, the Minister for Finance signed the European Union (Credit Servicers and Credit Purchasers) Regulations 2023 (the "Regulations") into law, thereby transposing the Directive on credit servicers and credit…more

Borrowers, Central Bank of Ireland, Consumers, Credit Agreements, Creditors

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Tales from the Oriente: the first appointment of restructuring officers in the Cayman Islands

The Company is the parent company of a group (the "Group") which operates a leading financial technology platform providing alternative sources of credit to traditional retail banks for the unbanked and underbanked population of…more

Cayman Islands, Companies Act, Insolvency, Restructuring

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Six Key Steps For Trustees as Recession Looms

“It is only when the tide goes out that you learn who has been swimming naked”. This quote – usually attributed to Warren Buffett – resurfaces when economic conditions worsen, but what does it mean? In the context of the…more

Beneficiaries, Divorce, Financial Services Industry, Investment, Irrevocable Trusts

See all updates »

Courting Clarity: Grand Court confirms jurisdiction to determine winding up petitions notwithstanding requirement to refer disputes to foreign arbitration tribunal

On 20 November 2023, the Grand Court of the Cayman Islands (the "Grand Court") issued its ruling on a preliminary issue in In the matter of Re BPGIC Holdings Limited; namely whether a winding up petition should be stayed or…more

Cayman Islands, Debt, Dispute Resolution, Foreign Arbitral Awards, International Arbitration

See all updates »

Fundamentals Asia: Hong Kong, Singapore, & Tokyo

Every year, we track certain key data from new funds that we help our clients launch. By reviewing this data, comparing it with similar surveys and incorporating insights from our conversations with clients, we aim to draw out…more

Capital Raising, Cayman Islands, CIMA, Liquidity, New Rules

See all updates »

Central Bank of Ireland imposes its first fine on an investment fund

On 30 November 2023, the Central Bank of Ireland (the "Central Bank") published a public statement relating to an enforcement action against an Irish-authorised UCITS ICAV (the "ICAV") which has been reprimanded and fined…more

Central Bank of Ireland, Compliance, Data Breach, EMIR, EU

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Caymans come off AML risk lists, signaling robust controls

Associating the Cayman Islands with money laundering has been a staple of film and television, from "The Firm" in the 1990s to, more recently, "Better Call Saul." However, scriptwriters may need to find another location to…more

AML/CFT, Anti-Money Laundering, Cayman Islands, EU, FATF

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Walkers succeeds on Privy Council appeal concerning concurrent findings of fact

The Privy Council has handed down judgment on appeal from the British Virgin Islands (the "BVI") in Sancus Financial Holdings Ltd and others (Appellants) v Holm and another (Respondents). This judgment provides important…more

Appeals, British Virgin Islands, BVI Business Companies, Dismissals, Judicial Proceedings

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Walkers’ Guide to Token Issuances, DAOs and Foundation Companies in the Cayman Islands

Roadmap - As a starting point it is helpful to outline a roadmap of how a new blockchain based project might develop. It is important to stress that no two projects will ever have the same objectives. As such, there is no…more

Blockchain, Cayman Islands, Cryptocurrency, Decentralized Finance (DeFi), Digital Assets

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Restructuring officers appointed over troubled segregated portfolios

The Grand Court of the Cayman Islands recently confirmed expressly for the first time that it has jurisdiction to wind up a segregated portfolio company ("SPC") on the insolvency of one or more, but not all, of its segregated…more

Cayman Islands, Companies Act, Debt, Debt Restructuring, Investment Funds

See all updates »

Update on the beneficial ownership regime in the Cayman Islands - New Technical Guidance for corporate services providers

On 15 March 2024, the Ministry of Financial Services and Commerce (the "Ministry") issued Technical Guidance for corporate services providers ("CSPs") to facilitate changes to internal processes in support of the transition to a…more

Beneficial Owner, Cayman Islands, Common Reporting Standard (CRS), Corporate Governance, Filing Requirements

See all updates »

Agreed Security Principles – Guernsey and Jersey Law Considerations

It is not uncommon for local counsel to be instructed on deals after Agreed Security Principles (ASPs) have been agreed between our onshore counterparts and underlying clients. Whilst we are adept at conforming local security…more

Bank Accounts, Documentation, Escrow Accounts, Grantors, Offshore Companies

See all updates »

Agreed Security Principles – Guernsey and Jersey Law Considerations

It is not uncommon for local counsel to be instructed on deals after Agreed Security Principles (ASPs) have been agreed between our onshore counterparts and underlying clients. Whilst we are adept at conforming local security…more

Bank Accounts, Documentation, Escrow Accounts, Grantors, Offshore Companies

See all updates »

Grand Court of the Cayman Islands reconfirms Flexible Balance Sheet Insolvency Test for Segregated Portfolios

The Grand Court of the Cayman Islands (Kawaley J) handed down a recent decision appointing receivers over a segregated portfolio, in the case of In the Matter of Green Asia Restructure Fund SPC...…more

Business Litigation, Cayman Islands, Creditors, Dispute Resolution, Insolvency

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Practical overview of offshore legal opinions in financing transactions

It is standard practice for lenders in financing transactions to request legal opinions from counsel in each jurisdiction in which a transaction entity is established or under which law transaction documents are governed. Set…more

British Virgin Islands, Cayman Islands, Enforcement, Financial Transactions, Island of Guernsey

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Why Jersey and Guernsey companies are a great choice for UK REITs

What is a UK REIT? A Real Estate Investment Trust (REIT), despite the name, is a company (or group of companies) carrying on a property rental and investment business which, if it meets certain conditions, can elect to…more

Capital Markets, Corporate Taxes, Investment, REIT, Residency Requirements

See all updates »

EU sanctions update: Guidance published on the 'No Russia Clause'

The EU has continued to tighten economic sanctions against Russia in recent months with the introduction of the 12th sanctions package on 18 December 2023 and the 13th sanctions package on 24 February 2024. Of particular…more

Aviation Industry, Breach of Duty, Economic Sanctions, EU, Export Bans

See all updates »

Jersey's Royal Court holds that property of invalid non-charitable trusts can go to charity

Jersey's Royal Court has confirmed the existence of rules in Jersey law that: Where a trust seeks to provide for mixed charitable and non-charitable purposes, the non-charitable purpose can invalidate the charitable…more

Charitable Donations, Estate Planning, Tax Planning, Trusts

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The use of Cayman Islands structures in Islamic real estate financings in the UK

The growth of Islamic finance globally during the past decade has been significant with a recent UN report citing research showing that Islamic finance assets had almost doubled between 2014 and 2020 to US$ 3.374 trillion and…more

Cayman Islands, Financial Transactions, Muslims, Real Estate Financing, Real Estate Market

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BVI Commercial Court Grants Urgent Proprietary Injunction Over Crypto Assets

In a dispute involving the issuance and vesting of cryptocurrency tokens our team of experts recently sought and obtained a proprietary injunction restraining the respondent from dealing with or disposing of a number of crypto…more

British Virgin Islands, Commercial Court, Cryptoassets, Cryptocurrency, Digital Assets

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Jersey's Royal Court holds that property of invalid non-charitable trusts can go to charity

Jersey's Royal Court has confirmed the existence of rules in Jersey law that: Where a trust seeks to provide for mixed charitable and non-charitable purposes, the non-charitable purpose can invalidate the charitable…more

Charitable Donations, Estate Planning, Tax Planning, Trusts

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Bermuda introduces guidance on independent contractors

The continuing development of the gig economy and the increased use of remote working following the pandemic has presented challenges for determining the true nature of working relationships. This determination is critical for…more

Bermuda, Contract Terms, Gig Economy, Independent Contractors, Jurisdiction

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Update on the beneficial ownership regime in the Cayman Islands - New Technical Guidance for corporate services providers

On 15 March 2024, the Ministry of Financial Services and Commerce (the "Ministry") issued Technical Guidance for corporate services providers ("CSPs") to facilitate changes to internal processes in support of the transition to a…more

Beneficial Owner, Cayman Islands, Common Reporting Standard (CRS), Corporate Governance, Filing Requirements

See all updates »

Cayman Islands – Merchant Shipping Act

Introduction - The Merchant Shipping Act, 2024 (the "2024 Act") came into force on 11 March 2024 and replaced the previous legislation, the Merchant Shipping Act (as amended) (the "Old Act"). The 2024 Act has updated the Old…more

Cayman Islands, Change of Ownership, Compensation, Liability, Merchants

See all updates »

Update on the beneficial ownership regime in the Cayman Islands - New Technical Guidance for corporate services providers

On 15 March 2024, the Ministry of Financial Services and Commerce (the "Ministry") issued Technical Guidance for corporate services providers ("CSPs") to facilitate changes to internal processes in support of the transition to a…more

Beneficial Owner, Cayman Islands, Common Reporting Standard (CRS), Corporate Governance, Filing Requirements

See all updates »

Why Jersey and Guernsey companies are a great choice for UK REITs

What is a UK REIT? A Real Estate Investment Trust (REIT), despite the name, is a company (or group of companies) carrying on a property rental and investment business which, if it meets certain conditions, can elect to…more

Capital Markets, Corporate Taxes, Investment, REIT, Residency Requirements

See all updates »

Overview of a Members Voluntary Liquidation

A Members Voluntary Liquidation ("MVL") is a process undertaken by a solvent company to wind up its affairs in an orderly manner when the company has concluded its activities and the shareholders wish to distribute the remaining…more

Dissolution, Liability, Liquidation, Shareholders, Solvency II

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Jersey Company Law Series – Demergers

The Companies (Demerger) (Jersey) Regulations 2018 (the “Regulations”) provides a flexible demerger regime for relevant Jersey companies, whilst simultaneously protecting shareholder, creditor and employee interests. In…more

Banking Sector, Creditors, Employee Rights, Income Taxes, Insurance Industry

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Service providers' duties under CI discrimination law - minimising legal risk

Guernsey's discrimination law landscape will change on 1 October 2023, with the introduction of the Prevention of Discrimination (Guernsey) Ordinance, 2022. Local employers are currently preparing for the new law by training…more

Anti-Discrimination Policies, Disability Discrimination, Employment Policies, Policies and Procedures, Privately Held Corporations

See all updates »

Judgment on Declaratory Relief in Cayman Islands Insolvent Liquidation Proceedings

A recent decision of Kawaley J sitting in the Grand Court of the Cayman Islands (the “Grand Court”) has provided helpful clarification on what he described as a “legally significant” and “important jurisdictional point”. The…more

Cayman Islands, Companies Act, Declaratory Relief, Jurisdiction, Liquidation

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Six Key Steps For Trustees as Recession Looms

“It is only when the tide goes out that you learn who has been swimming naked”. This quote – usually attributed to Warren Buffett – resurfaces when economic conditions worsen, but what does it mean? In the context of the…more

Beneficiaries, Divorce, Financial Services Industry, Investment, Irrevocable Trusts

See all updates »

Irish Quarterly Legal and Regulatory Report - Asset Management and Investment Funds January - March 2024

Welcome to the January – March 2024 issue of our Irish Quarterly Legal and Regulatory Developments report for Asset Management and Investment Funds. This report covers key developments during the quarter, such as: …more

AIFM, Alternative Investment Fund Managers Directive (AIFMD), Asset Management, Central Bank of Ireland, ELTIF

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Enforcement of arbitral awards: Bermuda, BVI, Cayman Islands, Guernsey, Irish and Jersey law

As the use of arbitration as a means of dispute resolution has grown in popularity, there has been a marked increase in the need for arbitral awards to be recognised and enforced in offshore jurisdictions. The international…more

Arbitration, Arbitration Agreements, Arbitration Awards, Bermuda, British Virgin Islands

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Legal Guide to Pre-Enforcement Steps Under Jersey and Guernsey law

In September 2020, only months into what we now know was to become a two-year Global Pandemic, we looked at what Covid-19 might mean for businesses and their creditors. At that time we had seen some high profile casualties –…more

Coronavirus/COVID-19, Enforcement, Forbearance Agreements, Stock Transfer, Supply Chain

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Restructuring officers appointed over troubled segregated portfolios

The Grand Court of the Cayman Islands recently confirmed expressly for the first time that it has jurisdiction to wind up a segregated portfolio company ("SPC") on the insolvency of one or more, but not all, of its segregated…more

Cayman Islands, Companies Act, Debt, Debt Restructuring, Investment Funds

See all updates »

AIFMD II: Timeline to Implementation

In March, the Council of the European Union published the Alternative Investment Fund Managers Directive (AIFMD II), aimed at harmonising the rules on delegation, reporting and liquidity management, together with bringing in a…more

AIFs, Alternative Investment Fund Managers Directive (AIFMD), Deadlines, EU, European Commission

See all updates »

Fundamentals Asia: Hong Kong, Singapore, & Tokyo

Every year, we track certain key data from new funds that we help our clients launch. By reviewing this data, comparing it with similar surveys and incorporating insights from our conversations with clients, we aim to draw out…more

Capital Raising, Cayman Islands, CIMA, Liquidity, New Rules

See all updates »

Agreed Security Principles – Guernsey and Jersey Law Considerations

It is not uncommon for local counsel to be instructed on deals after Agreed Security Principles (ASPs) have been agreed between our onshore counterparts and underlying clients. Whilst we are adept at conforming local security…more

Bank Accounts, Documentation, Escrow Accounts, Grantors, Offshore Companies

See all updates »

Enforcement of Foreign Wills in the BVI

As part of our series looking at recent BVI and Cayman Islands cases affecting the Middle East we look at the recent case of Sheikha Amena Ahmed H.A. Al-thani et al v Sheikha Aisha Mohammed Ali Abdullah Al Thani et al, in which…more

Appeals, Business Companies Act, BVI Business Companies, Cayman Islands, Enforcement

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The importance of Alternative Dispute Resolution – Churchill v Merthyr Tydfil County Borough Council

In England & Wales proceedings are subject to a series of "Pre-Action Protocols" which set out the steps a Court would expect parties to take prior to commencing proceedings. The Pre-Action Conduct and Protocols applies to…more

Appeals, Arbitration, Dispute Resolution, Mediation, Negotiations

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Better safe than sorry - the need for a BVI Grant of Representation

For over three decades, it has been common practice for high net worth individuals to hold their wealth via shares in British Virgin Islands ("BVI") business companies. After the lifetime of the shareholder, his or her personal…more

BVI Business Companies, Grants, Offshore Companies, Shareholders

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Dealing with Bermuda Segregated Accounts Companies

A Bermuda company (including a limited liability company) may be registered as a segregated accounts company (a "SAC") under the Segregated Accounts Companies Act 2000 (as amended) (the "SAC Act") to enable it to establish one…more

Bermuda, Investment Funds, Liability, Limited Liability Company (LLC), Securities

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The Challenges and Opportunities Facing the Aviation Sector

The Challenges and Opportunities Facing the Aviation Sector - Challenges face the aviation industry but its economic fundamentals remain strong, argues Walkers partner Matt Hedigan, in this thought leadership piece originally…more

Aviation Industry, Capital Raising, Economic Growth, Lessor, Ukraine

See all updates »

Caribbean two-step? – update on Norwich Pharmacal relief against BVI registered agents

In a recent judgment, CIF v (1) DLG and (2) GIY (BVIHCM2023/0050) the BVI Commercial Court (the Hon. Justice Gerhard Wallbank) has provided guidance on the procedure which it expects to be followed by applicants seeking a…more

Anti-Money Laundering, BVI Business Companies, Caribbean, Commercial Court, Disclosure

See all updates »

Fundamentals Asia: Hong Kong, Singapore, & Tokyo

Every year, we track certain key data from new funds that we help our clients launch. By reviewing this data, comparing it with similar surveys and incorporating insights from our conversations with clients, we aim to draw out…more

Capital Raising, Cayman Islands, CIMA, Liquidity, New Rules

See all updates »

Update on the beneficial ownership regime in the Cayman Islands - New Technical Guidance for corporate services providers

On 15 March 2024, the Ministry of Financial Services and Commerce (the "Ministry") issued Technical Guidance for corporate services providers ("CSPs") to facilitate changes to internal processes in support of the transition to a…more

Beneficial Owner, Cayman Islands, Common Reporting Standard (CRS), Corporate Governance, Filing Requirements

See all updates »

Bermuda Insights: Trends and Opportunities 2022

As part of our five year anniversary celebrations of our law firm opening in Bermuda, we put together the original version of this summary report highlighting the latest developments and trends in the Bermuda legal and financial…more

Anti-Money Laundering, Bermuda, Cybersecurity, Digital Assets, Economic and Financial Affairs Council (ECOFIN)

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Beneficial ownership registers: Jersey’s latest consultation paper on access to information

Jersey: Consultation paper on access to information - On 26 April 2024, the States of Jersey published its latest consultation paper on "Access to information on Jersey's Central Register of Companies and legal persons". This…more

Anti-Money Laundering, Beneficial Owner, Customer Due Diligence (CDD), European Court of Justice (ECJ), FATF

See all updates »

Key Changes to Guernsey’s Insolvency Law from 2023

With the threat of recession impacting businesses across all areas of economic activity in 2023, anyone involved in structures involving Guernsey companies should be aware of significant reforms to the Island’s insolvency regime…more

Disclosure Requirements, Insolvency, Liquidation, UK, UK Insolvency Act

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Beneficial ownership registers: Jersey’s latest consultation paper on access to information

Jersey: Consultation paper on access to information - On 26 April 2024, the States of Jersey published its latest consultation paper on "Access to information on Jersey's Central Register of Companies and legal persons". This…more

Anti-Money Laundering, Beneficial Owner, Customer Due Diligence (CDD), European Court of Justice (ECJ), FATF

See all updates »

CIMA guidance on business as usual operations – update 2023

While there is no ‘one size fits all’ solution as to how boards of directors should regulate their business and conduct their meetings, directors must pay regard to applicable law, the fund’s memorandum and articles of…more

Board of Directors, Cayman Islands, CIMA, Mutual Funds, New Guidance

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Stay a while: the interplay between winding-up proceedings and the mandatory stay provisions under the BVI Arbitration Act

The recent decision of the BVI Commercial Court (the "Court") (the Hon. Justice Ingrid Mangatal (Ag.)) in Kenworth Industrial Limited v Xin Gang Power Investments Limited BVIHCOM 2023/0006 has provided clarity on the interplay…more

Arbitration, Arbitration Agreements, British Virgin Islands, Commercial Court, Jurisdiction

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Cayman Court of Appeal confirms jurisdiction to grant injunctions in support of foreign-seated arbitration

On 28 March 2024 the Cayman Islands Court of Appeal dismissed an appeal by Minsheng Vocational Education Company Limited against an injunction enjoining Minsheng from purporting to enforce certain share charges. This is the…more

Appeals, Appellate Courts, Cayman Islands, CIETAC, Foreign Arbitration Clauses

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CIMA guidance on business as usual operations – update 2023

While there is no ‘one size fits all’ solution as to how boards of directors should regulate their business and conduct their meetings, directors must pay regard to applicable law, the fund’s memorandum and articles of…more

Board of Directors, Cayman Islands, CIMA, Mutual Funds, New Guidance

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Insolvent trusts: pari passu indemnification of successive trustees & the importance of creditor expectations – A view from the Channel Islands, Bermuda, the BVI and Cayman

Introduction - The Judicial Committee of the Privy Council has handed down its long-awaited judgment in the joined cases of Equity Trust (Jersey) Ltd v Halabi and ITG Ltd and others v Fort Trustees Ltd, each focusing on the…more

British Virgin Islands, Cayman Islands, Channel Islands, Creditors, Indemnification

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‘What say ye?’: The importance of creditors’ views in restructurings – an offshore perspective

Introduction - In two relatively recent offshore cases, the differing views of creditors and shareholders (and management) have been considered in the context of winding up pro- ceedings, including the criteria for the…more

Appeals, Cayman Islands, Corporate Restructuring, Creditors, Liquidation

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Issues and Strategies: Trustees, Digital Assets and Fiduciary Duties

Notwithstanding the turbulent past few months, which have seen roughly $2 trillion worth of value disappear from the digital asset ecosystem, we are still seeing an increase in enquiries by high net worth individuals (“HNWIs”)…more

Cryptoassets, Cryptocurrency, Digital Assets, Fiduciary Duty, High Net-Worth

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Trusts and state immunity – can a nation state be trustee?

A nation state can be trustee of a Jersey law express trust, even though it has state immunity against being sued for breach of trust or otherwise being held accountable for its trusteeship in domestic courts. The Royal Court…more

Heirs, Immunity, State Immunity Act 1978 (the SIA), Trusts

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Irish Quarterly Legal and Regulatory Report - Asset Management and Investment Funds April - June 2022

On 31 May 2022, the European Union (Undertakings for Collective Investment in Transferable Securities) (Amendment) Regulations 2022 were published in Iris Oifigiúil and will come into operation on 1 January 2023. The regulations…more

Alternative Investment Fund Managers Directive (AIFMD), Asset Management, Asset Valuations, Belarus, Economic Sanctions

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BVI ITA and Ministry of Finance requires entities to establish and maintain adequate systems and controls including a compliance manual

The following BVI legislative supplements to the Mutual Legal Assistance (Tax Matters) Act (“MLA Act”) and the International Tax Authority Act (“ITA Act”) were gazetted on 13 June 2022: The Mutual Legal Assistance (Tax…more

BVI Business Companies, Common Reporting Standard (CRS), Compliance, Duty to Cooperate, Enforcement Actions

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Update on the beneficial ownership regime in the Cayman Islands - New Technical Guidance for corporate services providers

On 15 March 2024, the Ministry of Financial Services and Commerce (the "Ministry") issued Technical Guidance for corporate services providers ("CSPs") to facilitate changes to internal processes in support of the transition to a…more

Beneficial Owner, Cayman Islands, Common Reporting Standard (CRS), Corporate Governance, Filing Requirements

See all updates »

Transposition of Credit Servicers Directive in Ireland – Overview

On 29 December 2023, the Minister for Finance signed the European Union (Credit Servicers and Credit Purchasers) Regulations 2023 (the "Regulations") into law, thereby transposing the Directive on credit servicers and credit…more

Borrowers, Central Bank of Ireland, Consumers, Credit Agreements, Creditors

See all updates »

Update on the beneficial ownership regime in the Cayman Islands - New Technical Guidance for corporate services providers

On 15 March 2024, the Ministry of Financial Services and Commerce (the "Ministry") issued Technical Guidance for corporate services providers ("CSPs") to facilitate changes to internal processes in support of the transition to a…more

Beneficial Owner, Cayman Islands, Common Reporting Standard (CRS), Corporate Governance, Filing Requirements

See all updates »

Supreme Court narrows banks' liabilities for fraudulent payments: the offshore impact

Fraud is on the rise. And as sums defrauded usually disappear, victims search for an alternative source to recover their losses. Unsurprisingly, the search often identifies banks' resources as a potential first call. However,…more

Banking Sector, British Virgin Islands, Cayman Islands, Duty of Care, Financial Conduct Authority (FCA)

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Appropriation and valuation of Jersey collateral – case law update

Under the Security Interests (Jersey) Law 2012 (the “Security Law”), one method of security enforcement is for the secured party to appropriate the collateral. Under this method of security enforcement, the secured party…more

Appropriation, Enforcement, Investment, Valuation

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Irish Quarterly Legal and Regulatory Report - Asset Management and Investment Funds January - March 2024

Welcome to the January – March 2024 issue of our Irish Quarterly Legal and Regulatory Developments report for Asset Management and Investment Funds. This report covers key developments during the quarter, such as: …more

AIFM, Alternative Investment Fund Managers Directive (AIFMD), Asset Management, Central Bank of Ireland, ELTIF

See all updates »

Looking ahead: The Bermuda insurance M&A horizon in 2024

2023 was a fairly gloomy year for global M&A activity and the insurance sector did not emerge unscathed, recording its lowest deals count since 20201. The good news, however, is that insurance M&A activity appears poised for a…more

Acquisitions, Bermuda, Insurance Acts, Insurance Industry, Mergers

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Guernsey data protection series – Data Subject Access Requests

This briefing is a part of a Walkers series on the Data Protection (Bailiwick of Guernsey) Law, 2017 (the "DPL"), and provides an overview of section 15 of the DPL (the Right to Access) and describes some key points which…more

Data Protection, Personal Protective Equipment, Right-To-Access

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Cayman Islands and BVI Sanctions Update – New Licensing Grounds for Russia Related Divestments

New specific licensing grounds available under Cayman Islands and BVI Russia sanctions will pave the way for Cayman Islands and BVI investment funds and other entities to divest their frozen assets in Russia as well as remove…more

Asset Freeze, British Virgin Islands, Cayman Islands, Divestment, Economic Sanctions

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Transposition of Credit Servicers Directive in Ireland – Overview

On 29 December 2023, the Minister for Finance signed the European Union (Credit Servicers and Credit Purchasers) Regulations 2023 (the "Regulations") into law, thereby transposing the Directive on credit servicers and credit…more

Borrowers, Central Bank of Ireland, Consumers, Credit Agreements, Creditors

See all updates »

Why Jersey and Guernsey companies are a great choice for UK REITs

What is a UK REIT? A Real Estate Investment Trust (REIT), despite the name, is a company (or group of companies) carrying on a property rental and investment business which, if it meets certain conditions, can elect to…more

Capital Markets, Corporate Taxes, Investment, REIT, Residency Requirements

See all updates »

EU sanctions update: Guidance published on the 'No Russia Clause'

The EU has continued to tighten economic sanctions against Russia in recent months with the introduction of the 12th sanctions package on 18 December 2023 and the 13th sanctions package on 24 February 2024. Of particular…more

Aviation Industry, Breach of Duty, Economic Sanctions, EU, Export Bans

See all updates »

Updated Procedures for De-Registration of Cayman Islands Mutual Funds and Private Funds

On 17 August 2022, the Cayman Islands Monetary Authority (“CIMA”) published a set of new regulatory measures in connection with the de-registration of mutual funds and private funds (the “Procedures”) as regulated funds in the…more

Cayman Islands, CIMA, Mutual Funds, Private Funds, Registered Funds

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Irish Quarterly Legal and Regulatory Report - Asset Management and Investment Funds January - March 2024

Welcome to the January – March 2024 issue of our Irish Quarterly Legal and Regulatory Developments report for Asset Management and Investment Funds. This report covers key developments during the quarter, such as: …more

AIFM, Alternative Investment Fund Managers Directive (AIFMD), Asset Management, Central Bank of Ireland, ELTIF

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Insolvent trusts: pari passu indemnification of successive trustees & the importance of creditor expectations – A view from the Channel Islands, Bermuda, the BVI and Cayman

Introduction - The Judicial Committee of the Privy Council has handed down its long-awaited judgment in the joined cases of Equity Trust (Jersey) Ltd v Halabi and ITG Ltd and others v Fort Trustees Ltd, each focusing on the…more

British Virgin Islands, Cayman Islands, Channel Islands, Creditors, Indemnification

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New Guernsey trading standards rules from October 2023

Introduction - The Trading Standards (Fair Trading) (Guernsey) Ordinance, 2023 (the "Trading Standards Ordinance") is due to come into force on 2 October 2023.  From this date, businesses in Guernsey will be subject to…more

Breach of Contract, Consumer Contracts, Cooling-Off Rule, Regulatory Standards, Summary of Consumer Rights

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Cayman Court of Appeal confirms jurisdiction to grant injunctions in support of foreign-seated arbitration

On 28 March 2024 the Cayman Islands Court of Appeal dismissed an appeal by Minsheng Vocational Education Company Limited against an injunction enjoining Minsheng from purporting to enforce certain share charges. This is the…more

Appeals, Appellate Courts, Cayman Islands, CIETAC, Foreign Arbitration Clauses

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Budget 2024 – Tax Highlights Ireland

10 October 2023 – Ireland's Budget 2024 was presented in the context of a positive economic performance for Ireland — full employment, budget surpluses, rising population and a falling national debt — against a backdrop of…more

Business Taxes, Dividends, Incentives, Infrastructure, Interest Rates

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Access to Company Information and Documents under the BVI Business Companies Act

In this article, we discuss the information and documents available to the public, to directors and to shareholders in relation to a company (a “BVI Company”) incorporated under the BVI Business Companies Act, 2004 (the “BVI…more

Beneficial Owner, Books & Records, British Virgin Islands, BVI Business Companies, Required Documentation

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Guernsey Regulator Releases Final Form Rules on Virtual Asset Service Provider & Consumer Lending Law

The Guernsey Financial Services Commission (the “GFSC”) has issued The Lending, Credit and Finance Rules and Guidance, 2023 (the “Rules”) which govern businesses that will be regulated under the Lending, Credit and Finance…more

AML/CFT, Digital Assets, Final Rules, License Applications, Licensing Rules

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A common purpose – the DAO opportunity for Guernsey trustees

It may not be "conventional" private client work, but the rapidly evolving nature of the digital economy has created exciting opportunities for Guernsey trustees and trusts professionals, with Guernsey purpose trusts…more

AML/CFT, Anti-Money Laundering, Blockchain, Corporate Structures, Cybersecurity

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Digital Asset SCPS Consultation Guidance

The Bermuda Monetary Authority (the "Authority") released its Digital Asset Business Single Currency Pegged Stablecoins (SCPS) Consultation Guidance (the "Guidance"). The Guidance seeks to provide information and clarification…more

Banking Sector, Bermuda, Board of Directors, Corporate Governance, Digital Assets

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Schemes of Arrangement – any interest?

In its recent judgment in Tristan Oil Ltd v The Scheme Creditors (BVIHCM 2023/0120) the BVI Commercial Court (the Hon. Justice Paul Webster (Ag.)) has considered the question of when a party not bound by a scheme of arrangement…more

British Virgin Islands, BVI Business Companies, Commercial Court, Enforcement, Fraud

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Shareholder rights plans in Bermuda

In recent years, the global markets (predominantly in the US) have experienced a significant surge in hostile takeovers, largely due to the COVID 19 pandemic, which impacted public companies' equity values and ultimately…more

Bermuda, Companies Act, Corporate Management, Hedge Funds, Hostile Takeover

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Grand Court grants leave to enforce a foreign interim arbitration award

On 3 February 2023 the Grand Court of the Cayman Islands delivered a judgment in the matter of Nasser Sulaiman HM Al Haidar v Jetty Venkata Uma Mahewshawara Rao (FSD 328 OF 2022 (IKJ)) explaining its decision to grant leave to…more

Arbitration, Cayman Islands, Enforcement, Foreign Arbitral Awards

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AIFMD II: Timeline to Implementation

In March, the Council of the European Union published the Alternative Investment Fund Managers Directive (AIFMD II), aimed at harmonising the rules on delegation, reporting and liquidity management, together with bringing in a…more

AIFs, Alternative Investment Fund Managers Directive (AIFMD), Deadlines, EU, European Commission

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Cayman Islands Schemes of Arrangement now available for Exempted Limited Partnerships using the Restructuring Officer Regime

A Cayman Islands scheme of arrangement is a court approved compromise or arrangement between a company and its creditors or shareholders (or classes thereof). A scheme of arrangement is frequently used to implement a financial…more

British Virgin Islands, Cayman Islands, Companies Act, Creditors, Debt Restructuring

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Looking ahead: The Bermuda insurance M&A horizon in 2024

2023 was a fairly gloomy year for global M&A activity and the insurance sector did not emerge unscathed, recording its lowest deals count since 20201. The good news, however, is that insurance M&A activity appears poised for a…more

Acquisitions, Bermuda, Insurance Acts, Insurance Industry, Mergers

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Walkers succeeds on Privy Council appeal concerning concurrent findings of fact

The Privy Council has handed down judgment on appeal from the British Virgin Islands (the "BVI") in Sancus Financial Holdings Ltd and others (Appellants) v Holm and another (Respondents). This judgment provides important…more

Appeals, British Virgin Islands, BVI Business Companies, Dismissals, Judicial Proceedings

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Practical overview of offshore legal opinions in financing transactions

It is standard practice for lenders in financing transactions to request legal opinions from counsel in each jurisdiction in which a transaction entity is established or under which law transaction documents are governed. Set…more

British Virgin Islands, Cayman Islands, Enforcement, Financial Transactions, Island of Guernsey

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The importance of Alternative Dispute Resolution – Churchill v Merthyr Tydfil County Borough Council

In England & Wales proceedings are subject to a series of "Pre-Action Protocols" which set out the steps a Court would expect parties to take prior to commencing proceedings. The Pre-Action Conduct and Protocols applies to…more

Appeals, Arbitration, Dispute Resolution, Mediation, Negotiations

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Agreed Security Principles – Guernsey and Jersey Law Considerations

It is not uncommon for local counsel to be instructed on deals after Agreed Security Principles (ASPs) have been agreed between our onshore counterparts and underlying clients. Whilst we are adept at conforming local security…more

Bank Accounts, Documentation, Escrow Accounts, Grantors, Offshore Companies

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Changes to the Limited Partnerships (Jersey) Law 1994 – Clarifications, Confirmations and Amendments

Amongst the changes to the Limited Partnerships (Jersey) Law 1994 (the “LP Law”) that have been implemented, included are changes that both helpfully clarify and confirm certain provisions of the existing law with respect to…more

Clawbacks, Debt, Environmental Social & Governance (ESG), Financial Obligations, General Partner

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Beneficial ownership registers: Jersey’s latest consultation paper on access to information

Jersey: Consultation paper on access to information - On 26 April 2024, the States of Jersey published its latest consultation paper on "Access to information on Jersey's Central Register of Companies and legal persons". This…more

Anti-Money Laundering, Beneficial Owner, Customer Due Diligence (CDD), European Court of Justice (ECJ), FATF

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CIMA guidance on business as usual operations – update 2023

While there is no ‘one size fits all’ solution as to how boards of directors should regulate their business and conduct their meetings, directors must pay regard to applicable law, the fund’s memorandum and articles of…more

Board of Directors, Cayman Islands, CIMA, Mutual Funds, New Guidance

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Beneficial ownership registers: Jersey’s latest consultation paper on access to information

Jersey: Consultation paper on access to information - On 26 April 2024, the States of Jersey published its latest consultation paper on "Access to information on Jersey's Central Register of Companies and legal persons". This…more

Anti-Money Laundering, Beneficial Owner, Customer Due Diligence (CDD), European Court of Justice (ECJ), FATF

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Cayman Islands Schemes of Arrangement now available for Exempted Limited Partnerships using the Restructuring Officer Regime

A Cayman Islands scheme of arrangement is a court approved compromise or arrangement between a company and its creditors or shareholders (or classes thereof). A scheme of arrangement is frequently used to implement a financial…more

British Virgin Islands, Cayman Islands, Companies Act, Creditors, Debt Restructuring

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Global perspectives: Key trends in listings for 2024

Across global stock exchanges, major trends are emerging in listings dynamics. Offering six international stock exchanges and listing bonds of all types, our listing agents highlight emerging trends across capital markets…more

Capital Markets, Cayman Islands, Environmental Social & Governance (ESG), Private Equity, REIT

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Better safe than sorry - the need for a BVI Grant of Representation

For over three decades, it has been common practice for high net worth individuals to hold their wealth via shares in British Virgin Islands ("BVI") business companies. After the lifetime of the shareholder, his or her personal…more

BVI Business Companies, Grants, Offshore Companies, Shareholders

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CIMA guidance on business as usual operations – update 2023

While there is no ‘one size fits all’ solution as to how boards of directors should regulate their business and conduct their meetings, directors must pay regard to applicable law, the fund’s memorandum and articles of…more

Board of Directors, Cayman Islands, CIMA, Mutual Funds, New Guidance

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Jersey joint ventures and nominee directors: A deep dive into Pender v CGH

Jersey companies are widely used for setting up joint ventures, particularly in a private equity context – further information on why Jersey entities are popular for private equity structures can be found here . It is a common…more

Confidentiality Agreements, Corporate Governance, Good Faith, Jurisdiction, Shareholders

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Guernsey - The Private Investment Funds Regime

The Private Investment Fund Rules ("PIF") regime was updated by the Guernsey Financial Services Commission ("GFSC") in 2021 to expand the available PIF product options. PIFs are governed by the Private Investment Fund Rules and…more

Audits, Business Strategies, Conflicts of Interest, Investors, Private Investment Funds

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Information orders against exchanges to aid the recovery of misappropriated cryptocurrency

As part of our series looking at the potential impact of recent cases on the future decisions of the Cayman Islands, BVI and Bermuda Courts relating to crypto assets, we consider the English decision of LMN v Bitflyer Holdings…more

Bermuda, Blockchain, BVI Business Companies, Cayman Islands, Crypto Exchanges

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AIFMD II: Timeline to Implementation

In March, the Council of the European Union published the Alternative Investment Fund Managers Directive (AIFMD II), aimed at harmonising the rules on delegation, reporting and liquidity management, together with bringing in a…more

AIFs, Alternative Investment Fund Managers Directive (AIFMD), Deadlines, EU, European Commission

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Update on the beneficial ownership regime in the Cayman Islands - New Technical Guidance for corporate services providers

On 15 March 2024, the Ministry of Financial Services and Commerce (the "Ministry") issued Technical Guidance for corporate services providers ("CSPs") to facilitate changes to internal processes in support of the transition to a…more

Beneficial Owner, Cayman Islands, Common Reporting Standard (CRS), Corporate Governance, Filing Requirements

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Removal of the Cayman Islands from the EU AML List and UK AML List

Following the removal of the Cayman Islands from the Financial Action Task Force's list of "jurisdictions under increased monitoring" in October 2023, on 12 December 2023, the European Commission adopted the Commission Delegated…more

AML/CFT, Anti-Money Laundering, Cayman Islands, Due Diligence, EU

See all updates »

Transposition of Credit Servicers Directive in Ireland – Overview

On 29 December 2023, the Minister for Finance signed the European Union (Credit Servicers and Credit Purchasers) Regulations 2023 (the "Regulations") into law, thereby transposing the Directive on credit servicers and credit…more

Borrowers, Central Bank of Ireland, Consumers, Credit Agreements, Creditors

See all updates »

Cayman Court of Appeal confirms jurisdiction to grant injunctions in support of foreign-seated arbitration

On 28 March 2024 the Cayman Islands Court of Appeal dismissed an appeal by Minsheng Vocational Education Company Limited against an injunction enjoining Minsheng from purporting to enforce certain share charges. This is the…more

Appeals, Appellate Courts, Cayman Islands, CIETAC, Foreign Arbitration Clauses

See all updates »

The Cayman Islands Court of Appeal will consider whether a company's shareholders can bring claims for misrepresentation against the company in its liquidation

In an unprecedented turn of events, two recent proceedings in the Grand Court of the Cayman Islands considered the same complex legal issues just one week apart. Both In the Matter of HQP Corporation Limited (assigned to…more

Appeals, Cayman Islands, Companies Act, Fraud, Liquidation

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Jersey employment law updates: recent changes and horizon scanning

Jersey’s employment laws are constantly moving forward, and it can be demanding for employers and HR professionals looking to keep up with best practice. We’ve put together a guide to the recent changes to Jersey…more

Bereavement Leave, Gender-Based Pay Discrimination, Human Resources Professionals, Minimum Wage, Public Employees

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Revised Central Bank of Ireland’s Prospectus Regulatory Framework Q&A | Expansion of Euronext’s GEM to retail debt

Revised Prospectus Regulatory Framework Q&A - On 7 March 2024, the Central Bank of Ireland (the "Central Bank") published its Prospectus Regulatory Framework – Questions & Answers 2nd Edition (the "Revised Q&A"). This…more

Banking Sector, Central Bank of Ireland, Commission Delegated Regulation, EU, Euronext

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Why Jersey and Guernsey companies are a great choice for UK REITs

What is a UK REIT? A Real Estate Investment Trust (REIT), despite the name, is a company (or group of companies) carrying on a property rental and investment business which, if it meets certain conditions, can elect to…more

Capital Markets, Corporate Taxes, Investment, REIT, Residency Requirements

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Update on the beneficial ownership regime in the Cayman Islands - New Technical Guidance for corporate services providers

On 15 March 2024, the Ministry of Financial Services and Commerce (the "Ministry") issued Technical Guidance for corporate services providers ("CSPs") to facilitate changes to internal processes in support of the transition to a…more

Beneficial Owner, Cayman Islands, Common Reporting Standard (CRS), Corporate Governance, Filing Requirements

See all updates »

Why Jersey and Guernsey companies are a great choice for UK REITs

What is a UK REIT? A Real Estate Investment Trust (REIT), despite the name, is a company (or group of companies) carrying on a property rental and investment business which, if it meets certain conditions, can elect to…more

Capital Markets, Corporate Taxes, Investment, REIT, Residency Requirements

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Potential refund of stamp duty on the sale or lease of residential property for social housing

Finance Act 2022 inserted two new provisions, section 83DA and section 83DB, into the Stamp Duties Consolidation Act 1999 ("SDCA "). Each section provides for the repayment of stamp duty in the context of acquisitions of…more

Clawbacks, Leases, Refunds, Residential Property Owners, Sale of Assets

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Removal of the Cayman Islands from the EU AML List and UK AML List

Following the removal of the Cayman Islands from the Financial Action Task Force's list of "jurisdictions under increased monitoring" in October 2023, on 12 December 2023, the European Commission adopted the Commission Delegated…more

AML/CFT, Anti-Money Laundering, Cayman Islands, Due Diligence, EU

See all updates »

Fundamentals Asia: Hong Kong, Singapore, & Tokyo

Every year, we track certain key data from new funds that we help our clients launch. By reviewing this data, comparing it with similar surveys and incorporating insights from our conversations with clients, we aim to draw out…more

Capital Raising, Cayman Islands, CIMA, Liquidity, New Rules

See all updates »

Agreed Security Principles – Guernsey and Jersey Law Considerations

It is not uncommon for local counsel to be instructed on deals after Agreed Security Principles (ASPs) have been agreed between our onshore counterparts and underlying clients. Whilst we are adept at conforming local security…more

Bank Accounts, Documentation, Escrow Accounts, Grantors, Offshore Companies

See all updates »

Transposition of Credit Servicers Directive in Ireland – Overview

On 29 December 2023, the Minister for Finance signed the European Union (Credit Servicers and Credit Purchasers) Regulations 2023 (the "Regulations") into law, thereby transposing the Directive on credit servicers and credit…more

Borrowers, Central Bank of Ireland, Consumers, Credit Agreements, Creditors

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BVI update to the Economic Substance rules

The Economic Substance (Companies and Limited Partnerships) Act, as amended (the "ESA"), requires BVI legal entities which engage in relevant activities to maintain economic substance in the BVI. Our 'Overview of the British…more

BVI Business Companies, Economic Substance Doctrine, International Tax Authority, Investment Funds, Limited Partnerships

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Why Jersey and Guernsey companies are a great choice for UK REITs

What is a UK REIT? A Real Estate Investment Trust (REIT), despite the name, is a company (or group of companies) carrying on a property rental and investment business which, if it meets certain conditions, can elect to…more

Capital Markets, Corporate Taxes, Investment, REIT, Residency Requirements

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Jersey's Royal Court holds that property of invalid non-charitable trusts can go to charity

Jersey's Royal Court has confirmed the existence of rules in Jersey law that: Where a trust seeks to provide for mixed charitable and non-charitable purposes, the non-charitable purpose can invalidate the charitable…more

Charitable Donations, Estate Planning, Tax Planning, Trusts

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Updated Procedures for De-Registration of Cayman Islands Mutual Funds and Private Funds

On 17 August 2022, the Cayman Islands Monetary Authority (“CIMA”) published a set of new regulatory measures in connection with the de-registration of mutual funds and private funds (the “Procedures”) as regulated funds in the…more

Cayman Islands, CIMA, Mutual Funds, Private Funds, Registered Funds

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Shades of grey? Unfair prejudice and derivative actions in Jersey following Ntzegkoutanis v Kimionis

Matters of law will certainly not always be black and white, however, the Courts have adopted a traditional approach when assessing matters of mismanagement or misconduct by directors in relation to company – if there is…more

Appeals, Breach of Duty, Corporate Misconduct, Cryptocurrency, Derivatives

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Cayman Islands and BVI Sanctions Update – New Licensing Grounds for Russia Related Divestments

New specific licensing grounds available under Cayman Islands and BVI Russia sanctions will pave the way for Cayman Islands and BVI investment funds and other entities to divest their frozen assets in Russia as well as remove…more

Asset Freeze, British Virgin Islands, Cayman Islands, Divestment, Economic Sanctions

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Bermuda Economic Substance Update - October 2022

The European Council has removed Bermuda from Annex II of its list of non-cooperative jurisdictions for tax purposes (sometimes referred to as the EU Tax Grey List). While Annex I (the so-called EU Black List) is a list of…more

Bermuda, European Council, Jurisdiction, Tax Policy

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Shades of grey? Unfair prejudice and derivative actions in Jersey following Ntzegkoutanis v Kimionis

Matters of law will certainly not always be black and white, however, the Courts have adopted a traditional approach when assessing matters of mismanagement or misconduct by directors in relation to company – if there is…more

Appeals, Breach of Duty, Corporate Misconduct, Cryptocurrency, Derivatives

See all updates »

Cayman Islands – Merchant Shipping Act

Introduction - The Merchant Shipping Act, 2024 (the "2024 Act") came into force on 11 March 2024 and replaced the previous legislation, the Merchant Shipping Act (as amended) (the "Old Act"). The 2024 Act has updated the Old…more

Cayman Islands, Change of Ownership, Compensation, Liability, Merchants

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Central Bank Publishes Outsourcing Register - Submission Requirements

The Central Bank of Ireland has published guidance notes and submission templates on the new outsourcing registers that regulated financial services providers are expected to establish and maintain. For any entities that…more

Central Bank of Ireland, Insurance Industry, Outsourcing, PRISM, Reinsurance

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Budget 2024 – Tax Highlights Ireland

10 October 2023 – Ireland's Budget 2024 was presented in the context of a positive economic performance for Ireland — full employment, budget surpluses, rising population and a falling national debt — against a backdrop of…more

Business Taxes, Dividends, Incentives, Infrastructure, Interest Rates

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The Cayman Islands Court of Appeal will consider whether a company's shareholders can bring claims for misrepresentation against the company in its liquidation

In an unprecedented turn of events, two recent proceedings in the Grand Court of the Cayman Islands considered the same complex legal issues just one week apart. Both In the Matter of HQP Corporation Limited (assigned to…more

Appeals, Cayman Islands, Companies Act, Fraud, Liquidation

See all updates »

Dealing with Bermuda Segregated Accounts Companies

A Bermuda company (including a limited liability company) may be registered as a segregated accounts company (a "SAC") under the Segregated Accounts Companies Act 2000 (as amended) (the "SAC Act") to enable it to establish one…more

Bermuda, Investment Funds, Liability, Limited Liability Company (LLC), Securities

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TISE - Changes to Continuing Obligations

Introduction - The International Stock Exchange (‘’TISE’’) has revised its Continuing Obligations (Chapter 3) Listing Rules, with effect from 1 July 2022. The changes are intended to make the requirements of the Exchange…more

Financial Markets, Listing Rules, Publicly-Traded Companies, Regulatory Standards, Stock Exchange

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Updated Guidance Notes on the Prevention and Detection of Money Laundering, Terrorist Financing and Proliferation Financing in the Cayman Islands

Following industry consultation, on 30 August 2023 the Cayman Islands Monetary Authority ("CIMA") issued updated Guidance Notes on the Prevention and Detection of Money Laundering, Terrorist Financing and Proliferation Financing…more

AML/CFT, Anti-Fraud Provisions, Anti-Money Laundering, Cayman Islands, CIMA

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Shareholder rights plans in Bermuda

In recent years, the global markets (predominantly in the US) have experienced a significant surge in hostile takeovers, largely due to the COVID 19 pandemic, which impacted public companies' equity values and ultimately…more

Bermuda, Companies Act, Corporate Management, Hedge Funds, Hostile Takeover

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Why MENA-based startups are choosing to incorporate in the Cayman Islands and the British Virgin Islands

According to a report by data platform Magnitt, the total funding secured by startups in the Middle East and North Africa (MENA) amounted to approximately US$864 million in the first quarter of 2022. Startups in the UAE…more

Africa, British Virgin Islands, Cayman Islands, Confidentiality Policies, Income Taxes

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Update on the Removal of the Cayman Islands from the FATF's List of Jurisdictions Under Increased Monitoring

Following the conclusion of the most recent plenary of the Financial Action Task Force ("FATF") on 23 June 2023, the FATF has announced that it has made the initial determination that the Cayman Islands has substantively…more

AML/CFT, Anti-Money Laundering, Cayman Islands, Collateralized Loan Obligations, EU

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Jersey Funds Law Series - professional investor regulated scheme exemption for service providers

The administration and management of Jersey investment structures can be complex and requires service providers to be aware of the regulatory requirements and exemptions that they may face when providing relevant services in…more

Exemptions, Investment Schemes, Investors

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Fundamentals Asia: Hong Kong, Singapore, & Tokyo

Every year, we track certain key data from new funds that we help our clients launch. By reviewing this data, comparing it with similar surveys and incorporating insights from our conversations with clients, we aim to draw out…more

Capital Raising, Cayman Islands, CIMA, Liquidity, New Rules

See all updates »

Guernsey’s New Licensing Regime for Financial Firm Business

This briefing is the third in a series of briefings by Walkers on the Lending, Credit and Finance (Bailiwick of Guernsey) Law, 2022 (the “LCFL”), and provides an overview of the licensing regime applicable to “financial firm…more

Conflicts of Interest, Financial Institutions, Insurance Industry, Lending, Licensing Rules

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Removal of the Cayman Islands from the EU AML List and UK AML List

Following the removal of the Cayman Islands from the Financial Action Task Force's list of "jurisdictions under increased monitoring" in October 2023, on 12 December 2023, the European Commission adopted the Commission Delegated…more

AML/CFT, Anti-Money Laundering, Cayman Islands, Due Diligence, EU

See all updates »

Bermuda Insights: Trends and Opportunities 2022

As part of our five year anniversary celebrations of our law firm opening in Bermuda, we put together the original version of this summary report highlighting the latest developments and trends in the Bermuda legal and financial…more

Anti-Money Laundering, Bermuda, Cybersecurity, Digital Assets, Economic and Financial Affairs Council (ECOFIN)

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Cayman Islands and BVI Sanctions Update – New Licensing Grounds for Russia Related Divestments

New specific licensing grounds available under Cayman Islands and BVI Russia sanctions will pave the way for Cayman Islands and BVI investment funds and other entities to divest their frozen assets in Russia as well as remove…more

Asset Freeze, British Virgin Islands, Cayman Islands, Divestment, Economic Sanctions

See all updates »

Enforcement of arbitral awards: Bermuda, BVI, Cayman Islands, Guernsey, Irish and Jersey law

As the use of arbitration as a means of dispute resolution has grown in popularity, there has been a marked increase in the need for arbitral awards to be recognised and enforced in offshore jurisdictions. The international…more

Arbitration, Arbitration Agreements, Arbitration Awards, Bermuda, British Virgin Islands

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Cayman Islands Schemes of Arrangement now available for Exempted Limited Partnerships using the Restructuring Officer Regime

A Cayman Islands scheme of arrangement is a court approved compromise or arrangement between a company and its creditors or shareholders (or classes thereof). A scheme of arrangement is frequently used to implement a financial…more

British Virgin Islands, Cayman Islands, Companies Act, Creditors, Debt Restructuring

See all updates »

Key Changes to Guernsey’s Insolvency Law from 2023

With the threat of recession impacting businesses across all areas of economic activity in 2023, anyone involved in structures involving Guernsey companies should be aware of significant reforms to the Island’s insolvency regime…more

Disclosure Requirements, Insolvency, Liquidation, UK, UK Insolvency Act

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Bermuda Economic Substance Update - October 2022

The European Council has removed Bermuda from Annex II of its list of non-cooperative jurisdictions for tax purposes (sometimes referred to as the EU Tax Grey List). While Annex I (the so-called EU Black List) is a list of…more

Bermuda, European Council, Jurisdiction, Tax Policy

See all updates »

Digital Asset SCPS Consultation Guidance

The Bermuda Monetary Authority (the "Authority") released its Digital Asset Business Single Currency Pegged Stablecoins (SCPS) Consultation Guidance (the "Guidance"). The Guidance seeks to provide information and clarification…more

Banking Sector, Bermuda, Board of Directors, Corporate Governance, Digital Assets

See all updates »

Fundamentals Asia: Hong Kong, Singapore, & Tokyo

Every year, we track certain key data from new funds that we help our clients launch. By reviewing this data, comparing it with similar surveys and incorporating insights from our conversations with clients, we aim to draw out…more

Capital Raising, Cayman Islands, CIMA, Liquidity, New Rules

See all updates »

Residential Lettings in Rent Pressure Zones – Recent Case Law

A recent judgment of the Dublin Circuit Court in Wow Investments Limited v. Residential Tenancies Board [2022] WECC3 has emphasised the importance of due diligence on current and past rental levels on the acquisition of…more

Due Diligence, Investment Property, Rent, Residential Tenancies Act

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Why Jersey and Guernsey companies are a great choice for UK REITs

What is a UK REIT? A Real Estate Investment Trust (REIT), despite the name, is a company (or group of companies) carrying on a property rental and investment business which, if it meets certain conditions, can elect to…more

Capital Markets, Corporate Taxes, Investment, REIT, Residency Requirements

See all updates »

Transposition of Credit Servicers Directive in Ireland – Overview

On 29 December 2023, the Minister for Finance signed the European Union (Credit Servicers and Credit Purchasers) Regulations 2023 (the "Regulations") into law, thereby transposing the Directive on credit servicers and credit…more

Borrowers, Central Bank of Ireland, Consumers, Credit Agreements, Creditors

See all updates »

New Guernsey trading standards rules from October 2023

Introduction - The Trading Standards (Fair Trading) (Guernsey) Ordinance, 2023 (the "Trading Standards Ordinance") is due to come into force on 2 October 2023.  From this date, businesses in Guernsey will be subject to…more

Breach of Contract, Consumer Contracts, Cooling-Off Rule, Regulatory Standards, Summary of Consumer Rights

See all updates »

Regulation of virtual asset service providers (VASPs) in Guernsey

This briefing is the fourth in a series of briefings by Walkers on the Lending, Credit and Finance (Bailiwick of Guernsey) Law, 2022 (the "LCFL"), and provides an overview of the licensing regime applicable to Virtual Asset…more

Cryptocurrency, Digital Assets, EU, Financial Services Industry, Island of Guernsey

See all updates »

Schemes of Arrangement – any interest?

In its recent judgment in Tristan Oil Ltd v The Scheme Creditors (BVIHCM 2023/0120) the BVI Commercial Court (the Hon. Justice Paul Webster (Ag.)) has considered the question of when a party not bound by a scheme of arrangement…more

British Virgin Islands, BVI Business Companies, Commercial Court, Enforcement, Fraud

See all updates »

Jersey's Royal Court holds that property of invalid non-charitable trusts can go to charity

Jersey's Royal Court has confirmed the existence of rules in Jersey law that: Where a trust seeks to provide for mixed charitable and non-charitable purposes, the non-charitable purpose can invalidate the charitable…more

Charitable Donations, Estate Planning, Tax Planning, Trusts

See all updates »

Cayman Islands: When are relevant documents in the “power” of a litigant and therefore discoverable?

Under Order 24, rule 1 of the Grand Court Rules (“GCR”), a party is required to give discovery of “documents which are or have been in his possession, custody or power”. Given the importance of “power” to determine - and…more

Enforceability, Piercing the Corporate Veil, Right of Access, Settlement Agreements, Third-Party

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Update on the beneficial ownership regime in the Cayman Islands - New Technical Guidance for corporate services providers

On 15 March 2024, the Ministry of Financial Services and Commerce (the "Ministry") issued Technical Guidance for corporate services providers ("CSPs") to facilitate changes to internal processes in support of the transition to a…more

Beneficial Owner, Cayman Islands, Common Reporting Standard (CRS), Corporate Governance, Filing Requirements

See all updates »

Fundamentals Asia: Hong Kong, Singapore, & Tokyo

Every year, we track certain key data from new funds that we help our clients launch. By reviewing this data, comparing it with similar surveys and incorporating insights from our conversations with clients, we aim to draw out…more

Capital Raising, Cayman Islands, CIMA, Liquidity, New Rules

See all updates »

Residential Lettings in Rent Pressure Zones – Recent Case Law

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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