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Press releases and law firm thought leadership

This page is dedicated to keeping readers informed of the latest news and thought leadership articles from law firms across the globe.

If your firm wishes to publish press releases or articles, please contact Shehab Khurshid on +44 (0) 207 396 5689 or shehab.khurshid@legalease.co.uk

 

Legal Developments Worldwide

Articles contributed by O'Neal Webster - Barristers & Solicitors

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New 'Approved Manager' Regulations for Hedge Funds

January 2013 - Finance. Legal Developments by O'Neal Webster - Barristers & Solicitors.

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By Kerry Anderson

Earlier this year, I wrote an article entitled "Why you should choose the BVI for your next Fund." Since then new regulations ushering in an "Approved Managers" regime have been published and as of December 10, 2012 are now in force. The effect of these new regulations is to make the BVI an attractive option for setting up as an investment manager.

Kerry Anderson co-publishes chapter in Asian Investor

December 2012 - Finance. Legal Developments by O'Neal Webster - Barristers & Solicitors.

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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.

BVI Law Holds Even Keel Between Rights of Investors and Rights of Mutual Funds

November 2012 - Litigation & Dispute Resolution. Legal Developments by O'Neal Webster - Barristers & Solicitors.

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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.

Renowned BVI corporate legislation enhanced

October 2012 - Corporate & Commercial. Legal Developments by O'Neal Webster - Barristers & Solicitors.

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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.

Why incorporate in the british virgin islands?

September 2012 - Corporate & Commercial. Legal Developments by O'Neal Webster - Barristers & Solicitors.

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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.

Expanding the scope of IP applications in the BVI – the proposed new trademark legislation

September 2012 - Intellectual Property . Legal Developments by O'Neal Webster - Barristers & Solicitors.

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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.

The BVI: The best choice for start-up funds

August 2012 - Finance. Legal Developments by O'Neal Webster - Barristers & Solicitors.

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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

Off Shore Companies British Virgin Islands

June 2012 - Corporate & Commercial. Legal Developments by O'Neal Webster - Barristers & Solicitors.

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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.

Weathering the storm

June 2012 - Finance. Legal Developments by O'Neal Webster - Barristers & Solicitors.

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Christopher Simpson and Kerry Anderson of O’Neal Webster examine the key elements of BVI-domiciled funds and the advantages they offer to fund managers

Through The Open Window - Leveraging Cross-Jurisdictional Opportunities For BVI Property Transfers

April 2012 - Tax & Private Client. Legal Developments by O'Neal Webster - Barristers & Solicitors.

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Arare congruence of exemptions under the US and BVI tax codes has prompted United States (“U.S.”) citizens holding British Virgin Island (“BVI”) property to undertake inter vivos transfers to their heirs during 2012.

VISTA trusts

April 2012 - Corporate & Commercial. Legal Developments by O'Neal Webster - Barristers & Solicitors.

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Different style - Vanessa King looks at VISTA trusts eight years on

It was the start of a new era for the British Virgin Islands (BVI) when the Virgin Islands Special Trust Act 2003 (VISTA) was enforced on 1 March 2004. The vision for VISTA came from the BVI trust industry and the need for BVI trust practitioners to meet the changing needs of their clients.

FINANCE 2012

April 2012 - Finance. Legal Developments by O'Neal Webster - Barristers & Solicitors.

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British Virgin Islands

Kerry Anderson - O’Neal Webster 

CONTINUATION OF A FOREIGN COMPANY INTO THE BVI

June 2011 - Employment. Legal Developments by O'Neal Webster - Barristers & Solicitors.

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Companies often consider “what if” they could transfer to another jurisdiction based on what is currently happening in their current jurisdiction or simply to take advantage of developments within another jurisdiction.

DIRECTORS DUTIES – A BVI PERSPECTIVE

April 2011 - Employment. Legal Developments by O'Neal Webster - Barristers & Solicitors.

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Directors of British Virgin Islands (“BVI”) companies have certain fiduciary duties which arise both at common law and under statute. These fiduciary duties ultimately seek to protect companies and their shareholders whose destiny lie primarily in the hands of the directors in charge.the hands of the directors in charge.

BVI Companies and their Advantage in Corporate Structures

March 2011 - Corporate & Commercial. Legal Developments by O'Neal Webster - Barristers & Solicitors.

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Over 800,000 companies have been incorporated in the British Virgin Islands (“BVI”) since 1984, and whilst many of those companies are purely used as holding vehicles for assets, increasing cross border investments has played a significant role in the increased use of BVI companies globally. Some of the key advantages of BVI companies include:

DIRECTORS DUTIES – A BVI PERSPECTIVE

December 2010 - Corporate & Commercial. Legal Developments by O'Neal Webster - Barristers & Solicitors.

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Directors of British Virgin Islands (“BVI”) companies have certain fiduciary duties which arise both at common law and under statute. These fiduciary duties ultimately seek to protect companies and their shareholders whose destiny lie primarily in the hands of the directors in charge.

BVI companies – ready again for listings in an improving market

August 2010 - EU & Competition. Legal Developments by O'Neal Webster - Barristers & Solicitors.

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Although we are still in a recessionary state, there is no doubt that the global markets have picked up somewhat over the last year or so. Companies are again looking to raise capital via initial public offerings and BVI companies as usual are in the mix. BVI companies are listed on major stock exchanges around the world including the New York Stock Exchange, Nasdaq, the Frankfurt Stock Exchange, the Main Board of the London Stock Exchange, the AIM market of the London Stock Exchange, the Toronto Stock Exchange and the Singapore Stock Exchange. BVI companies may also now be listed on the Hong Kong Stock Exchange.

BVI Companies and their Joint Venture Advantage

May 2010 - EU & Competition. Legal Developments by O'Neal Webster - Barristers & Solicitors.

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British Virgin Islands (“BVI”) companies are well known for their flexibility and ease of use in international transactions. With an ever changing global economy, partnerships and joint venture arrangements between parties in different countries, continents and time zones have become the norm. In these situations, it is always important that the joint venture company used to carry out the joint venture project is able to be tailored to suit the needs and protect the interests of all the parties involved.