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Legal market overview
With the BVI maintaining its popularity as a jurisdiction for offshore holding structures, its legal market continues to welcome new entrants. In 2012, international offshore law firms Mourant Ozannes and Bedell Cristin launched BVI offices, while at the start of 2013 Carey Olsen, looking to strengthen its Caribbean offering to clients, arrived through an association with Hempel and Boyd. In October 2013, Hempel and Boyd rebranded, taking the Carey Olsen name in the jurisdiction.
Local firms are also expanding at international level. BVI firm O'Neal Webster - Barristers & Solicitors has launched a London office under Christopher McKenzie, who previously headed Walkers’ BVI private client team.
The Legal Profession Bill, introduced by BVI premier Orlando Smith in June 2012, is anticipated to come into effect shortly. It is welcomed by the local industry as it will regulate and protect BVI law practice; designed to maintain the reputation of the legal profession and to promote the island as a globally competitive financial services centre, it will also introduce a code of ethics for the BVI’s legal profession.
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This client briefing examines a number of issues which arise on the redemption of shares by an investor in a BVI investment fund which may lead to disputes between the investor, the fund, and other investors.
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.
The attempt by Fairfield Sentry's liquidators to recover monies paid out to investors by way of redemption proceeds has been blocked by both the BVI High Court and now the Eastern Caribbean Court of Appeal, both Courts finding that the liquidators have no ability to do so. Read more ...
The Eastern Caribbean Court of Appeal has re-affirmed that a debt arising out of unpaid redemption proceeds does not confer standing on an investor to apply for the winding up of the company. Read more...
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 BVI Business Companies (Amendment) Act, 2012 (the Amendment Act) and the BVI Business Company Regulations, 2012 (the Regulations) came into force on 15 October 2012. The new legislation is designed to refine and upgrade the BVI Business Companies Act, 2004 (the Act) to ensure the British Virgin Islands (BVI) maintains its position as one of the leading corporate domiciles.
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.
On September 23, 2014, VEGAS LEX partner and head of the International Projects Group Yuriy Bortnikov spoke before an audience of major venture funds and IT companies including Facebook, LinkedIn and Survey Monkey in Palo Alto, California. His presentation Doing Business in Russia: Essential Legal Matters was devoted to the legal specifics of the Russian environment for business.
Hengeler Mueller advises arrangers and underwriters on financing of planned acquisition of Sigma-AldMerck, a leading company for high-tech products in the pharma, performance materials and life science sectors, and Sigma-Aldrich, also a leading life science and technology company, today announced that they have entered into a definitive agreement under which Merck will acquire Sigma-Aldrich for €13.1bn (converted). A USD 15.6bn bridge financing has been secured for the all-cash transaction. The final financing structure will comprise a combination of cash on Merck's balance sheet, bank loans and bonds. Deutsche Bank, J.P. Morgan and Société Générale acted as arrangers and underwriters in respect of the financing transaction. Closing is expected in mid-year 2015, subject to regulatory approvals, approval by a special shareholders' meeting of Sigma-Aldrich and other customary closing conditions.
AstapovLawyers is pleased to announce it has become an official legal partner of the Ukrainian Tennis Federation. AstapovLawyers will provide full legal support to the Federation including advice on on-going matters, drafting and negotiating contracts, employment, tax and corporate issues. AstapovLawyers has become the first law firm to act as an official legal partner of the Ukrainian Tennis Federation.
The plenary session of the PharmaStrategies-2015 conference focused on several key issues including a planned international pharmaceutical market information system for anti-monopoly regulators, changes in the federal law o n circulation of medicines and the application of the law on public procurement contracts system.
On September 29, 2014, the Government of the Russian Federation and RT-Invest Transport Systems signed a concession agreement on one of the largest investment projects in Russia to introduce a tolling system for vehic les heavier than 12 metric tons.
VEGAS LEX managing partner Alexander Sitnikov spoke at a conference sponsored by the Khanty-Mansiysk Non-State Pension Fund focused on Russia's pension system and relevant federal legislation earlier this month.
This Client Briefing has been prepared for the assistance of directors of investment funds listing "equity securities" as defined in Chapter I of the listing rules (the Listing Rules) of the Channel Islands Securities Exchange (the Exchange) under Chapter VII of the Listing Rules. This Briefing sets out certain of the continuing obligations which an issuer is required to observe once any of its securities have been admitted to listing. This Client Briefing should be read in conjunction with the ‘Channel Island Securities Exchange - Listing of Securities of Investment Funds' Briefing.- Ogier
Following the opening of our offices in Lugano in 2013, Walder Wyss has further expanded its operations with the opening of new offices in Basel. We warmly welcome our new team which consists of 12 experienced legal professionals and 9 staff members.
The Delhi High Court in case of DIT v Panalfa Autoelektrik Ltd: 49 taxmann.com 412 , held that export commission for arranging export sales could not be considered as consideration for providing managerial, consultancy or technical services, and therefore would not be taxable in India.
Boult Wade Tennant is delighted to announce the firm has maintained our top tier rankings in leading industry directory: The Legal 500 in both the patent and trade mark categories.