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Legal market overview
The offshore corporate and commercial market improved during the course of 2013, led in part by positive economic data from the US. The Cayman Islands (Cayman), increasingly important as an M&A jurisdiction, particularly benefited from the deal resurgence. Furthermore, with a renewed sense of optimism, new funds and start-ups are also upbeat again and the fund practices of offshore law firms are enjoying healthy workflows.
Significant news for Cayman's corporate and commercial legal teams included Walkers hiring Carey Olsen's former Cayman managing partner Jason Allison and David Collins returning to the firm's Cayman office after five years in the firm’s Singapore and London offices. Campbells welcomed Susan Lock as partner from Ogier; and Higgs & Johnson's former country managing partner Chris Narborough left to found CN Cayman Law.
Headline moves also affected the islands' dispute resolution groups. Christopher Harlowe joined Mourant Ozannes as partner from Speechly Bircham LLP, where he was head of corporate recovery and restructuring in London; Conyers Dill & Pearman's Paul Smith relocated to the firm's Cayman office from Bermuda; and Ogier's department head Richard de Lacy QC is dividing his time between the Cayman Islands and the British Virgin Islands (BVI). Furthermore, Harney Westwood & Riegels's former Cayman litigation head David Herbert left the firm and Marc Kish joined its London office from Maples and Calder as partner in August 2014.
Other key legal market developments included Appleby, in April 2014, becoming the first offshore law firm licensed to provide offshore legal advice in mainland China; and Ogier's management buy-out of Ogier Fiduciary Services in June 2014, the latter rebranding as Elian in September 2014.
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The Cayman Islands is a transparent International Financial Centre which complies with all global standards on tax transparency and information exchange.
The Government published The Confidential Information Disclosure Bill (“CIDB ”) on 11 May 2016 which will come into force by September 2016.
It is proposed that a new law (the “Law”) be enacted, to permit the formation of a new type of vehicle in the Cayman Islands – a Cayman Islands limited liability company (an "LLC").
The following information relates to the enactment of The Insurance (Portfolio Insurance Companies) Regulations, 2015 and the commencement of related sections of The Insurance (Amendment) Law 2013. The changes permit licensed insurers established as segregated portfolio companies to incorporate one or more of their cells as “portfolio insurance companies”.
The revised law applicable to Exempted Limited Partnerships (" ELPs "), the Exempted Limited Partnership Law (2014 Revision) (the " Law "), came into force on 2 July 2014.
The Cayman Islands Monetary Authority (the "Authority") has recently issued a new Statement of Guidance for Regulated Mutual Funds, in which it sets out the Authority's expectations regarding the corporate governance regime of regulated mutual funds. We set out details of the Authority's guidance and expectations. Read more...
AB Jnr & Another v MB & Others was a significant decision of the Financial Services Division of the Grand Court of the Cayman Islands, relating to a Trust Deed, dated 21 November 1985. The weighty judgment of Hon. Anthony Smellie, CJ, at some 204 pages, follows an In Camera hearing taking place over the course of a 9 week period, between April and June 2012.
The Bundesverfassungsgericht, Germany’s Federal Constitutional Court, recently had to grapple with the issue of whether greater value ought to be attached to artistic freedom or copyright law in a given case. In its judgment of May 31, the Court chose to bolster artistic freedom (Az. 1 BvR 1585/13).
On September 7, 2016 VEGAS LEX organized a roundtable on Private Investment and PPP in the Defence Industry: Participants, Mechanisms and Prospects as part of the ARMY 2016 international military technical forum.
Anyone who does not wish to have their estate distributed in accordance with the rules of intestate succession needs to prepare a will or contract of inheritance. In order to prevent disputes from occurring, it is important that the testator’s final wishes be clear.
Schoenherr Bratislava has advised the Albéa group ("Albéa") on the acquisition of 100 % of the shares in SCANDOLARA TUB-EST, s.r.o. ("Scandolara"), a Slovak subsidiary of the Italian Scandolara Group, which produces laminate tubes. read more...
Basellandschaftliche Kantonalbank (BLKB) and the Swiss robo-advisor True Wealth AG have entered into a strategic partnership. BLKB further acquired a minority stake in True Wealth.
Recordati, an international pharmaceutical group listed on the Italian Stock Exchange, acquires the Swiss pharmaceutical company Pro Farma AG.
On 22 July 2016, the shareholder sold a majority stake in the AutoForm Group to Astorg Partners. AutoForm Group is a leading provider of software solutions for the design and sheet metal forming simulation. Astorg Partners is one of the most successful independent private equity companies in Europe.
Kyiv, 9 September 2016 - AVELLUM advises Custos Invest & Finance Inc., one of the Datagroup’s shareholders, in connection with the increase of the stake of Horizon Capital in Datagroup from significant minority to over 70%.
If a car dealership advertises with a manufacturer’s logo without being an authorized dealer, this may constitute misleading advertising vis-à-vis consumers and violate competition law.
Baker & Partners will be holding a Breakfast Briefing on fraud and asset recovery cases involving financial institutions on 22 nd September, 8.00-9.30am, at The Royal Yacht Hotel.