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Legal Developments in the The UK Legal 500 2019

Luxembourg joint ventures

January 2015 - Corporate & Commercial. Legal Developments by Ogier .

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Joint ventures (JV) are not a particular term of art under Luxembourg law. Where a small number of active principals, voluntarily constitute a new, shared business enterprise, this can be for joint investment purposes or a joint commercial enterprise and it is not required to take any particular prescribed legal form.

That said, the form of vehicles most commonly adopted for JV are the following:

  • private limited company (société à responsabilité limitée / Sàrl)
  • public limited company (société anonyme / SA)
  • incorporated limited partnership issuing shares (société en commandite par actions / SCA), and
  • standard or special limited partnership (société en commandite simple / SCS, or société en commandite spéciale / SCSp).

Assuming that the JV is not formed to undertake a regulated activity or to issue securities to the public which specifically requires the form of an SA, the Sàrl is often the preferred vehicle in practice for a JV as it is less heavily regulated.

The limited partnership options (SCA/SCS/SCSp) often tend to be used in practice for investment JV deals, particularly where some principals intend not to be as closely involved in management decisions and therefore for whom a limited partner role may be more appropriate.

Good news for intra-group Eurobond listings

October 2012 - Corporate & Commercial. Legal Developments by Ogier .

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On 27 March 2012 HMRC published a consultation document on possible changes to the exemption from the requirement to deduct tax from quoted Eurobonds - The Quoted Eurobond Exemption. The consultation was aimed at seeking views on:

● restricting the Quoted Eurobond Exemption where notes or bonds were held on an intra-group basis; and
● the introduction of a requirement to pay tax on non-cash (or PIK) interest to HMRC in cash, instead of by the issuance of funding bonds.

The Jersey Foundation: The Royal Court speaks

September 2012 - Corporate & Commercial. Legal Developments by Ogier .

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Dalemont Limited v Senatorov and others; Unreported Judgments, 21 March 2012, Royal Court Introduction

You can't do that! When unreasonable decisions of trustees may be set aside

August 2012 - Corporate & Commercial. Legal Developments by Ogier .

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Jersey's Royal Court has confirmed the scope of its jurisdiction to set aside unreasonable decisions of trustees(1). In a related decision, the Royal Court also made it clear that trustees who make unreasonable decisions are not generally entitled to have their reputation protected by non-publication or redaction of judgments(2).

Jersey Joint Venture Vehicles

August 2012 - Corporate & Commercial. Legal Developments by Ogier .

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Whilst the M&A pipeline remains relatively strong, getting deals to completion is challenging due to the tightening of available credit and uncertainty with asset valuations. In this climate PLCs, other large corporates and PE houses are looking at alternative and more creative structures to gain access to deals that might not be available via traditional M&A.

BVI Business Companies (Amendment) Act, 2012 - Update

August 2012 - Corporate & Commercial. Legal Developments by Ogier .

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Following our note circulated earlier this year on enhancements proposed to be made to the BVI's corporate legislation, on 16 July 2012 the BVI Business Companies (Amendment) Act, 2012 (the Amendment Act) was passed into law.

In the matter of the A Trust (2012) JRC 066: Blessing a Momentous Decision Opposed by Beneficiaries

June 2012 - Corporate & Commercial. Legal Developments by Ogier .

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The Royal Court has, once again, played an invaluable role in the administration of a trust by blessing a trustee's decision to widen the class of beneficiaries of the trust in the face of opposition from the existing individual beneficiaries.

REO (Powerstation) Limited and Others (7th December 2011) JRC 232A: letters of request for...

May 2012 - Corporate & Commercial. Legal Developments by Ogier .

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administration orders

An application had been made by Bank of Scotland Plc and the Governor and Company of the Bank of Ireland (the Applicants) for a letter of request to be sent by the Royal Court of Jersey to the High Court of England and Wales in respect of four Jersey companies which were ultimate beneficial owners of English real estate. 

Bird Charitable Trusts: Duty of disclosure of legal advice to an incoming trustee

April 2012 - Corporate & Commercial. Legal Developments by Ogier .

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In the matter of the Bird Charitable Trust and the Bird Purpose Trust [2012] JRC006 concerned an application by the current trustee (the Current Trustee) of two trusts (the Trusts) for an order requiring a former trustee (the Original Trustee) to disclose to the Current Trustee certain legal advice that the Original Trustee had obtained at the cost of the Trusts during the course of its administration.

Representation of BBB: the interpretation of Excluded Person

April 2012 - Corporate & Commercial. Legal Developments by Ogier .

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In Representation of BBB the Royal Court was asked to consider whether an Excluded Person would cease to be an Excluded Person if a change in circumstances meant that they no longer fell within the definition of the class of Excluded Persons.

In the Matter of HHH Trust and in the Matter of the A Fund and in the Matter of Article 51...

March 2012 - Corporate & Commercial. Legal Developments by Ogier .

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of the Trusts (Jersey) Law 1984: Directions for disclosure

The directions given in this case provide guidance on the approach the Court will take to a beneficiary's request for disclosure of information.

To Earmark Or Not To Earmark

January 2012 - Corporate & Commercial. Legal Developments by Ogier .

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This briefing sets out some of the concerns that clients are sharing in relation to earmarking trust assets for share plan management and a practical solution to this problem.

THE BRIBERY ACT 2010 – ITS PROVISIONS AND IMPLICATIONS

December 2011 - Corporate & Commercial. Legal Developments by Baker & Partners.

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The UK's new Bribery Act has been long in the making. After much debate and speculation, sometimes informed and sometimes not, it is to come into force later this summer, namely on 1 July 2011. It represents a determined assault on corrupt practices, taking an approach which is more severe and extensive in its reach than comparable legislation elsewhere, including even the US Foreign Corrupt Practices Act.

Sinels Quaterly Review

December 2011 - Corporate & Commercial. Legal Developments by Sinels .

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Can trustees exclude liability for gross negligence?

Lifting the corporate veil in Jersey 

Intelligence and the Bribery Act 2010 

Philip Sinel is awarded Dispute Resolution Lawyer of the Year in Jersey 

France gets tough on trusts

November 2011 - Corporate & Commercial. Legal Developments by Ogier .

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We have been working in recent weeks with a number of clients on the new rules passed this summer in France affecting trusts. These new rules are far reaching, draconian and they come into effect soon ie. 1 January 2012.

The Bribery Act 2010 - Practical Guidance for Jersey Companies

November 2011 - Corporate & Commercial. Legal Developments by Ogier .

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The Bribery Act 2010 (the “Act”) came into force on 1 July 2011. Whilst the Act is UK legislation which is not directly applicable to Jersey, its far reaching provisions mean that it does impact on Jersey based companies and individuals with connections to the UK. It is therefore important that Jersey based companies and their officers are aware of the impact of the Act, the offences under the Act and how to protect themselves.

In the matter of the representation of BB, A and C: validity of appointment of successor trustees

November 2011 - Corporate & Commercial. Legal Developments by Ogier .

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This case concerned the invalid exercise of a power of appointment of trustees. The Royal Court of Jersey refused to order the rectification of the relevant appointments, but it was prepared instead to provide relief by ratifying the would-be trustees' prior actions and by appointing them properly under Article 51 Trusts (Jersey) Law 1984 (the "Trusts Law").

Private Equity Services for Fund Managers

October 2011 - Corporate & Commercial. Legal Developments by Ogier .

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Your choice of offshore advisor is an increasingly important factor in the successful development and delivery of your fund strategy.

 

Jersey Separate Limited Partnerships versus Scottish Limited Partnerships - which are better?

October 2011 - Corporate & Commercial. Legal Developments by Ogier .

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Introduction
The Separate Limited Partnerships (Jersey) Law 2011 introduced the Separate Limited Partnership into Jersey law.

Representation of Dunlop Settlement [2011] JRC138: recovery of trust documents from third party

October 2011 - Corporate & Commercial. Legal Developments by Ogier .

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This case concerns an application of a trustee to recover documents relating to a trust from the JFCU following the seizure of those documents from a former employee as part of a fraud investigation.

Representation of U

October 2011 - Corporate & Commercial. Legal Developments by Ogier .

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Application by trustee for directions concerning disclosure of confidential information

Representation of U [2011] JRC 131 is a Jersey trust case in which the trustee of a Jersey law trust sought directions as to whether it should disclose confidential financial information to a person designated as an excluded person ("B")) under the terms of the trust.

Advantages of the New Security Interests (Jersey) Law

October 2011 - Corporate & Commercial. Legal Developments by Ogier .

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The Security Interests (Jersey) Law 1983 (the “1983 Law”) governing security over intangible movable property in Jersey (eg shares, units, accounts and contractual rights) has been in force for almost three decades. While the 1983 Law is a concise and clearly drafted law which has generally worked well, it has become increasingly outdated in the context of modern banking and finance transactions.

BVI Court hands down preliminary issues decision in claims brought by liquidators of Bernard Madoff

September 2011 - Corporate & Commercial. Legal Developments by Ogier .

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"feeder fund"

On 16 September 2011 judgment was handed down by the BVI Commercial Court in a number of cases that have been brought by the liquidators of Fairfield Sentry Limited (“Fairfield”), a "feeder fund" into Bernard L Madoff Investment Securities Limited (“BLMIS”), against a number of investors that historically redeemed out of the fund (the "Fairfield judgment"). 

Close-out Netting and Set-off Provisions for BVI, Cayman Islands, Guernsey and Jersey Counterparties

September 2011 - Corporate & Commercial. Legal Developments by Ogier .

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Ogier is counsel to the International Swaps and Derivatives Association, Inc. ("ISDA") in Jersey, Guernsey and BVI and provides netting and collateral opinions which are available to members from ISDA's website and updated on an annual basis.

Derivatives Transactions with Offshore Counterparties

August 2011 - Corporate & Commercial. Legal Developments by Ogier .

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Ogier is counsel to the International Swaps and Derivatives Association, Inc. (“ISDA”) in Jersey, Guernsey and BVI and provides netting and collateral opinions which are available to members from ISDA’s website and updated on an annual basis. We are often asked by banks, prime brokers and other clients to advise on local law issues in connection with their entry into derivatives transactions (or other transactions involving netting provisions) with offshore counterpart

Cross-Border Restructurings using Offshore Companies

August 2011 - Corporate & Commercial. Legal Developments by Ogier .

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In the current economic climate, there has been increased interest from clients and their advisers in using offshore companies in cross-border restructurings. The use of offshore companies in restructurings is often driven by tax and structuring advice, where there is a desire to continue the group operating as a going concern and to achieve a favourable outcome for creditors (usually outside of formal insolvency proceedings).

Listing Businesses in Hong Kong or London Using a Jersey Holding Company

August 2011 - Corporate & Commercial. Legal Developments by Ogier .

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Introduction - Asia
Asia is a vast and growing market, with the Chinese economy being the biggest. China has effectively become the second largest economy in the world after that of the US and is expected to overtake them within the next ten years. There is a significant amount of capital being generated in Asia which is ripe for investment.

Listing Jersey Holding Companies

August 2011 - Corporate & Commercial. Legal Developments by Ogier .

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QUESTION:
Apart from being successful, publicly listed companies, what do the following all have in common?

Jersey Protected Cell Companies and Incorporated Cell Companies

August 2011 - Corporate & Commercial. Legal Developments by Ogier .

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A cell company is a company that has the ability to create one or more cells with assets and liabilities that are distinct from the assets and liabilities of other cells and the cell company itself. These cells can be used to carry out separate and distinct businesses.

Security Interests (Jersey) Law 201- passed

August 2011 - Corporate & Commercial. Legal Developments by Ogier .

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The Security Interests (Jersey) Law 201- (the "new Law") has been passed by the States of Jersey and has now been sent to the Privy Council for approval. We anticipate that the new Law will come into effect in the early part of 2012.

BVI Proposes Enhancements to its Corporate Legislation

August 2011 - Corporate & Commercial. Legal Developments by Ogier .

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A draft Bill proposing amendments to the BVI Business Companies Act, 2004 (“BCA”) has been circulated for industry consultation.

Clean Tech International structures

August 2011 - Corporate & Commercial. Legal Developments by Ogier .

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Clean Technology or “Clean Tech” is a term coined to cover all things green, spanning from renewable energy to energy efficiency and recycling waste management. Clean Tech often involves new technology and business models that offer returns for investors and customers while achieving that in a way that reduces the use of natural resources, and cuts or eliminates emissions and waste. Examples include the development of renewable energy sources, improvements in carbon emissions and waste management schemes

Creating and Perfecting Security under the New Security Interests (Jersey) Law

August 2011 - Corporate & Commercial. Legal Developments by Ogier .

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The creation of security over intangible movables under Jersey law is currently governed by the Security Interests (Jersey) Law 1983. The new Security Interests (Jersey) Law is awaiting approval by the States of Jersey and the Privy Council and it is anticipated this law will come into force during the first half of 2012.

Acting as a Director of a Cayman Islands Company

July 2011 - Corporate & Commercial. Legal Developments by Ogier .

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The purpose of this memorandum is to give a brief summary of some of the issues which may be faced by a director of a Cayman Islands Company.

Trustee Disclosure The A Settlement [2011] JRC 109

July 2011 - Corporate & Commercial. Legal Developments by Ogier .

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The extent of a trustee's obligation to disclose documents (including correspondence between the trustee and its legal advisors) has been the subject of recent consideration in the A Settlement [2011] JRC 109.

In the matter of H [2011] JRC 070 - application to participate in proceedings

July 2011 - Corporate & Commercial. Legal Developments by Ogier .

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In proceedings in relation to a charitable trust.

The settlor’s widow brought an application to participate in proceedings instituted by a sub-trustee seeking relief in connection with a charitable trust and a compromise agreement in respect of issues arising under the settlor’s will.

In the matter of the representation of Publicis Graphics Group Holdings SA

July 2011 - Corporate & Commercial. Legal Developments by Ogier .

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The Court ordered an ex parte mandatory interlocutory injunction against a nominee shareholder, who had until then refused to comply with the instructions of the beneficial owner of those shares.

Innovations in Limited Partnerships - June 2011

July 2011 - Corporate & Commercial. Legal Developments by Ogier .

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Introduction
Two new types of limited partnership have been introduced in Jersey. These are the separate limited partnership (“Separate Partnership”) and the incorporated limited partnership (“Incorporated Partnership”).

Jersey E-gaming Developments

June 2011 - Corporate & Commercial. Legal Developments by Ogier .

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On 3 March 2011 the States of Jersey voted to approve the modernisation of Jersey’s gambling legislation to allow e-gaming businesses to operate in the Island on a permanent basis.

Merger of Companies

May 2011 - Corporate & Commercial. Legal Developments by Ogier .

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Mergers Overview
The Companies (Jersey) Law 1991 (the “Law”) has been
amended by the Companies (Amendment No.5) (Jersey)
Regulations 2011 (the “Regulations”) which came into
force on 23 February 2011 to:

Innovations in Limited Partnerships Client Briefing

May 2011 - Corporate & Commercial. Legal Developments by Ogier .

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Introduction
Two new types of limited partnership have been introduced in Jersey. These are the separate limited partnership (“Separate Partnership”) and the incorporated limited partnership (“Incorporated Partnership”).

Opportunities and challenges: Jersey’s response to international markets

March 2011 - Corporate & Commercial. Legal Developments by Collas Crill.

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As we move into 2011 many opportunities and challenges face Jersey, but the Island is well equipped to turn them to its best advantage. Partner and head of Crill Canavan’s Commercial Department, Advocate Paul Wilson, looks at how international markets and client demands are influencing Jersey’s development in financial and other services, and how its professionals are responding.

Representation of LL: application by a trustee for approval of a momentous decision

March 2011 - Corporate & Commercial. Legal Developments by Ogier .

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Representation of BNP Paribas Jersey Trust Corporation Limited concerning the position of a trustee on notice of an adverse claim

Situs of Intangible Assets: FG Hemisphere Associates LLC v Democratic Republic of Congo

February 2011 - Corporate & Commercial. Legal Developments by Ogier .

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The recent case of FG Hemisphere Associates LLC v Democratic Republic of Congo and La Generale des Carrieres et de Mines ([2010] JRC 195) considered the issue of the situs of a debt.

Representation of BNP Paribas Jersey Trust Corporation Limited

February 2011 - Corporate & Commercial. Legal Developments by Ogier .

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Representation of BNP Paribas Jersey Trust Corporation Limited concerning the position of a trustee on notice of an adverse claim

British Virgin Islands: Continuations In and Out

February 2011 - Corporate & Commercial. Legal Developments by Ogier .

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Companies that have been incorporated in other jurisdictions may be permitted to change their jurisdiction of incorporation to the British Virgin Islands (“BVI”); equally BVI incorporated companies may look to migrate to other jurisdictions. Under BVI law this process is known as “continuation” - either “in” or “out” depending on whether the BVI is the end point or the starting point.

Statutory Mergers in the British Virgin Islands

February 2011 - Corporate & Commercial. Legal Developments by Ogier .

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The statutory merger regime in the British Virgin Islands (“BVI”) is straightforward, well established and effective. It has been used on a number of high profile, public transactions including, for example, Apax Partners’ $1.6 billion buyout of Tommy Hilfiger Corporation, and most recently by Essilor International SA for its recommended US$565 million takeover of NASDAQ listed FGX International Holdings Limited.

BVI Companies: Rights and Remedies of Members

February 2011 - Corporate & Commercial. Legal Developments by Ogier .

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The rights attaching to shares in a British Virgin Islands (“BVI”) business company are determined by the provisions of the BVI Business Companies Act, 2004 (as amended) (the “Act”) and that company’s memorandum and articles of association

Plans and Schemes of Arrangement in the British Virgin Islands

February 2011 - Corporate & Commercial. Legal Developments by Ogier .

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Under the BVI Business Companies Act, 2004 (the “Act”) there are two types of court supervised arrangements.

In the matter of The Representation of AA [2010] JRC 164

January 2011 - Corporate & Commercial. Legal Developments by Ogier .

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The distinction between “forum for administration” clauses and “exclusive jurisdiction” clauses in the context of trusts

Exclusive Supply Contracts: When Are They Anti-Competitive?

December 2010 - Corporate & Commercial. Legal Developments by Ogier .

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Generally, undertakings are prohibited, pursuant to Article 8 of the Competition (Jersey) Law 2005 (the “Law”), from making arrangements with other undertakings that have the object or effect of hindering to an appreciable extent competition of the supply of goods or services within Jersey. Such arrangements are known as anticompetitive arrangements. The Jersey Competition Regulatory Authority (the “JCRA”) is responsible for, amongst other things, enforcing the provisions of the Law.

Jersey Competition Law – a brief guide to Mergers and Acquisitions

December 2010 - Corporate & Commercial. Legal Developments by Ogier .

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The Competition (Jersey) Law 2005 (the “Law”) generally prohibits any agreements, business practices and conduct which substantially lessen competition in Jersey. The Jersey Competition Regulatory Authority (the “JCRA”) is responsible for enforcing the Law. This briefing guide focuses on Part 4 of the Law (which came into force on 1 May 2005), regulating certain mergers and acquisitions in Jersey.

Segregated Portfolio Companies

December 2010 - Corporate & Commercial. Legal Developments by Ogier .

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The Segregated Portfolio Company (“SPC”), a variant of the exempted company, was first introduced in the Cayman Islands in May 1998 by an amendment to the Companies Law. The concept of an SPC is that a company, which remains a single legal entity, may create segregated portfolios (“Portfolios”) such that the assets and liabilities of each Portfolio are legally separate from the assets and liabilities of any other Portfolios.

Chapter 15 Recognition: Fairfield Sentry Limited (in Liquidation)

November 2010 - Corporate & Commercial. Legal Developments by Ogier .

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As well as issuing claims in mistake and restitution in the BVI Commercial Court and the US State Supreme Court, the liquidators of Fairfield Sentry Limited (“the Fund”) also petitioned for and, on 22 July 2010 obtained, Chapter 15 recognition in the United States Bankruptcy Court for the Southern District of New York.

Jersey Schemes of Arrangement

October 2010 - Corporate & Commercial. Legal Developments by Ogier .

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This client briefing provides a general overview ofschemes of arrangement for Jersey companies under theCompanies (Jersey) Law 1991 (the “Companies Law”).A scheme of arrangement can involve almost any kind ofcorporate reorganisation, merger, acquisition orrestructuring so long as the appropriate approvals andcourt sanction are obtained. In the context ofrestructurings, there is limited precedent in Jersey,although Jersey schemes of arrangement have beenused as part of the Drax and Telewest restructurings. 

Listing Asian Businesses in Hong Kong or London Using a Jersey Holding Company

September 2010 - Corporate & Commercial. Legal Developments by Ogier .

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Asia is a vast and growing market, with the Chinese economy being the biggest. China has effectively become the second largest economy in the world after that of the US and is expected to overtake them within the next ten years. There is a significant amount of capital being generated in Asia which is ripe for investment.

Listing Asian Businesses in Hong Kong or London Using a Jersey Holding Company

August 2010 - Corporate & Commercial. Legal Developments by Ogier .

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Asia is a vast and growing market, with the Chinese economy being the biggest. China has effectively become the second largest economy in the world after that of the US and is expected to overtake them within the next ten years. There is a significant amount of capital being generated in Asia which is ripe for investment.

Incorporating a Guernsey Company

July 2010 - Corporate & Commercial. Legal Developments by Ogier .

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Why Guernsey? Guernsey is a leading financial centre of the highest reputation and standards. Its continuing success as a financial centre is based on various factors, including economic and political stability, the independence it enjoys, an easily accessible justice system and an independent regulatory regime. Its low tax status, proximity to the financial markets of Europe and sophisticated financial industry infrastructure also contribute to its success.

Incorporating a Guernsey Company

July 2010 - Corporate & Commercial. Legal Developments by Ogier .

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This memorandum has been prepared for the assistance of our clients in connection with incorporating a Guernsey company under the Companies (Guernsey) Law, 2008 (as amended) (the “Companies Law”). It is intended to provide only a summary of the main legal and general principles and is not intended to be comprehensive in scope. It is strongly recommended that you seek specific legal advice on such matters and we would be pleased to assist in this respect. A series of briefings on other specific aspects of Guernsey companies law have been produced by Ogier and available on request or on our website, www.ogier.com

ILPA Private Equity Principles - Aligning the Interest of Limited Partners and General Partners

July 2010 - Corporate & Commercial. Legal Developments by Ogier .

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In September 2009 the Institutional Limited Partners Association (the “ILPA”) published a set of private equity principles (the “Principles”) which aim to set out “preferred private equity terms” in the context of realigning the interests of the limited partner (“LP”) with the general partner (“GP”). The Principles were developed from the input and feedback of institutional private equity investors, senior investment officers and other members of the ILPA and are presented as a set of industry best practices.

Securities and Investment Business Act, 2010

June 2010 - Corporate & Commercial. Legal Developments by Ogier .

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After much anticipation, the British Virgin Islands (“BVI”) enacted the Securities and Investment Business Act, 2010 on 12 April 2010 (“SIBA”). SIBA, which came into force on 17 May 2010 (with the exception of the provisions relating to public issues of securities), takes into full account current and emerging international standards of regulation as they relate to the regulation and administration of investment funds (including hedge funds) and entities conducting investment or securities business. It represents an extremely important step for the ongoing development and growing sophistication of the financial services sector within the BVI. It also provides a user friendly statute, in tune with the current regulatory environment, which will complement the BVI Business Companies Act, 2004 and the Insolvency Act, 2003

SAFE HAVEN

May 2010 - Corporate & Commercial. Legal Developments by Sinels .

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For many, the recent conclusion of the Alhatnrani dispute, Jersey's most expensive court case, has confirmed that the island remains a safe and well-regulated jurisdiction, not only to establish trusts in, but also as a secure destination in which to conduct commercial litigation when things go wrong.

Current developments in Cayman’s legal and regulatory environment

April 2010 - Corporate & Commercial. Legal Developments by Ogier .

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Perception shapes behaviour and in recent months many interested service providers and governmental agencies in rival financial centres have sought to attract business away from Cayman by painting a picture that clear-sighted observers would not recognise. Rumours of the demise of Cayman have been exaggerated to the point of fabrication. An analysis of some key metrics of Cayman’s financial services industry demonstrates that it is faring well in absolute terms and extremely well relative to its rivals. The following review of Cayman’s robust health is provided by Cayman Finance.

Cayman Companies: New Merger and Consolidation Provisions

May 2009 - Corporate & Commercial. Legal Developments by Ogier .

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Following the amendments to the Companies Law (2007 Revision) (“Companies Law”) changing the provisions of that law relating to the winding up of companies, further amendments have been enacted, introducing new provisions for mergers and consolidations of companies. These amendments, contained in the Companies (Amendment) Law, 2009 are expected to come into effect before the end of April 2009.

Listing Offshore Companies on the London Stock Exchange’s Alternative Investment Market (“AIM”

April 2009 - Corporate & Commercial. Legal Developments by Ogier .

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This briefing is intended to provide a summary of some of the legal requirements and considerations applicable to the use of an offshore company for listing on AIM. It is not, however, intended to be comprehensive in its scope. It is recommended that a client seeks legal advice on any proposed transaction prior to taking steps to implement it. Briefings on other subjects have been produced by Ogier and are available on request. This briefing has been prepared on the basis of law and practice as at 1 April 2008.

A Guide to Curatorships in Jersey

January 2009 - Corporate & Commercial. Legal Developments by Ogier .

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A curator is someone appointed by the Royal Court under the Mental Health (Jersey) Law, 1969 to conduct the affairs of someone found by the court to be an interdict.

A Guide to Tutelles in Jersey

January 2009 - Corporate & Commercial. Legal Developments by Ogier .

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The tutelle procedure has its origins in the Norman customary law of the Island of Jersey and has developed over time as a means of protecting the interests and managing the affairs of children considered too young to do so for themselves.

EU 'WHITE LIST' OMITS THE DIAMOND FOR THE DIRT

The publication in May 2008 of a EU draft ‘white list’1, countries considered to have the equivalent controls on money-laundering to EU member states, has caused something of a storm amongst the Crown Dependencies; they have been omitted from the list. The purpose of the list is to determine those countries in which transactions demand less scrutiny.