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Legal market overview
Although the British Virgin Islands (BVI) has experienced a drop in company registrations, it remains one of the Caribbean’s most prosperous economies. New entrants to the islands include boutique Cayman Islands (Cayman) law firm Travers Thorp Alberga, which merged with BVI-based Orion Law, and Cayman firm Sinclairs.
Headline market news involving Caribbean firms expanding internationally include BVI-headquartered practice Harneys opening a Shanghai office in November 2015, following on from its September 2015 launch in Bermuda.
Walkers BVI underwent significant change: new arrivals included litigator Rosalind Nicholson joining from Conyers Dill & Pearman plus David Collins and BVI investment funds head Ashley Gunning relocating from the Cayman office while Ashley Davies arriving from the Hong Kong office. On the departure front, former BVI managing partner Sandie Corbett will retire in December 2016, former investment funds head Marianne Rajic joined Campbells’ new Hong Kong office and global head of insolvency and dispute resolution Jack Husbands is due to retire in mid-2017.
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In association with a leading international law firm, Legalease are producing a series of online country comparative legal guides, designed to give the in-house community greater insight to the law and regulations in unfamiliar jurisdictions.
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By Kerry Anderson
Click here -> onealwebster.asianinvestor.dec12 to read Kerry Anderson's co-published chapter featured in Asian Investor (December 2012) entitled 'Fast and Simple in the BVI - The British Virgin Islands have responded to regulatory changes by making fund and manager domiciling painless and efficient.
Fund investors and the fund industry globally should take note of the recent decision of the Eastern Caribbean Supreme Court Appellate Division’s (the “Court of Appeal”) in Madoff related litigation. Essentially, the Court of Appeal found that monies could not be recovered from former investors by the liquidators of Fairfield Sentry Limited (“Fairfield”) a BVI investment fund and investor in Bernard L Madoff Investments Securities limited (“BLMIS”), where those investors had redeemed their shares for significant value before BLMIS collapsed.
The British Virgin Islands ("BVI") is the world's leading offshore corporate domicile and is known for continuously refining its laws to accord with, and improve upon international standards whilst promoting a business oriented framework.
WHERE IS THE BRITISH VIRGIN ISLANDS The British Virgin Islands (“BVI”) is a British overseas territory situated to the east of Puerto Rico between the Caribbean Sea and the North Atlantic Ocean. The country consists of the main islands of Tortola, Virgin Gorda, Anegada, and Jost Van Dyke and over fifty other smaller islands and cays clustered around the aquamarine waters of the Sir Francis Drake Channel.
The much anticipated Trade Marks Bill (“the Bill”) was recently circulated to the industry for comments. The Bill, which when enacted will be known as the Trade Marks Act, 2012, promises to introduce much needed change to the trademark industry in the British Virgin Islands and place the jurisdiction in line with other modern jurisdictions.
Those who do business in the PRC have long recognised the benefits of doing so through a corporate structure which enables onshore operations but offshore ownership.- Ogier
In today’s financial environment, investor capital for a start-up fund can be hard to come by. Kerry Anderson, Partner of a leading offshore law firm in the British Virgin Islands explains both the initial and long term benefits to setting up your fund in the BVI
The current economic climate has forced many companies to consider their future and, for those able to survive, there has been significant impetus in cost saving and rationalising structures where possible. However, it is not only in the downturn that companies look to restructure. This process can also have a positive spin, especially where a company is seeking to structure acquisitions or expand into new areas of operation.- Ogier
Offshore companies have long been a popular option for businesses. However, the recent global financial crisis has led to several legislative attempts recently by governments globally, aiming to limit the benefits that are available to companies looking to take advantage of attractive features, such as favourable tax conditions, that such companies offer.
VEGAS LEX partner Igor Chumachenko has spoken at the round table of the largest annual real estate forum, MIPIM 2017, on the legal regulation of investment and construction projects.
Managing Partner of VEGAS LEX Alexander Sitnikov has spoken at the Russian Business Week about Special Investment Contracts as an additional mechanism for the energy sector to introduce the best available technologies.
The key arrangements between franchisees and franchisors are set out in the franchise agreement. For this reason, both parties ought to closely scrutinize this document.
NautaDutilh Avocats Luxembourg defended the interests of luxury fashion house Fendi in proceedings against US-based Coach for infringement by the latter of Fendi's EU design rights in its Peekaboo handbag.
AVELLUM's Managing Partner Mykola Stetsenko Became Member of the Public Council of the Antimonopoly Committee of Ukraine
We are pleased to announce that Karanović & Nikolić team has supported the European Fund for Southeast Europe (EFSE) in a recently closed extension of the investment portfolio of EFSE to UniCredit Bank Serbia. The transaction involved new EUR 20 million financing of UniCredit Bank Serbia, which will serve to finance housing loans for private households in Serbia.
After having prepared the first draft of the new data protection law back in 2014 (which was ignored by the Government in the meantime, and even dismissed by the Ministry of Justice's introduction of a separate draft law in 2015), the Serbian Data Protection Commissioner (" Commissionaire ") 1 published the second draft of the new law on March 6 th , 2017 (" Draft "). As announced by the Commissioner, the new Draft was necessary in order to address the deficiencies of the existing Law on Personal Data Protection and in order to harmonize the law with EU legislation, particularly with the newly enacted General Data Protection Regulation.
Establishing a family foundation can be a sensible means of preventing disputes from arising among heirs as well as resolving the issue of business succession.
The managing director of a GmbH, a type of German private limited company, is responsible for ensuring proper payment of social security contributions. Failure to fulfil his duties can render him personally liable.
In February and March 2017, VEGAS LEX organized a series of meetings with students of major Russian universities in Moscow devoted to career opportunities and practical issues of law for business.