Ogier > Grand Cayman, Cayman Islands > Firm Profile
Ogier Offices
89 NEXUS WAY
CAMANA BAY
GRAND CAYMAN KY1-9007
Cayman Islands
Ogier > The Legal 500 Rankings
Cayman Islands > Trusts/private client Tier 1
Praised for its ‘truly global outlook and enormous trusts experience‘, the ‘heavy-hitting‘ private wealth and trust advisory team at Ogier handles a mix of contentious and non-contentious matters, with a particular emphasis on complex cross-border work. ‘Excellent communicator‘ Anthony Partridge , who leads the group alongside Rachael Reynolds QC (who is a ‘go-to for contentious trust and insolvency work‘), primarily advises high-net-worth individuals on estate planning work, including issues of domicile, multiple wills and probate. The department also has extensive experience in the formation and structuring of STAR trusts, charitable and non- charitable purpose trusts, private trust companies, VISTA trusts and foundation companies. Other names to note are Jennifer Fox and counsel Deborah Barker-Roye, both of whom place an emphasis on contentious trusts and estate mandates.Practice head(s):
Other key lawyers:
Testimonials
‘Understanding of foreign trust issues as they tie to Cayman law. Very responsive.’
‘Anthony Partridge has been an absolute pleasure and responsive individual – clients immediately find him trustworthy.’
‘Ogier helps lead the way for private client work in Cayman. They have a truly global outlook and enormous trusts experience which they bring to bear on their work. ’
‘Rachael Reynolds QC is an exceptional lawyer – always top of the list for Cayman trust matters.’
‘Anthony Partridge is an excellent communicator and responds promptly. Very high level of client service.’
‘A heavy-hitting team doing some of the best contentious trust work on the island‘.
‘Rachael Reynolds QC is a fantastic communicator, technically good and a go-to for contentious trust and insolvency work.’
‘The Ogier Cayman trusts and private client team has a deservedly highly respected global reputation and is clearly top of their game.’
Key clients
Stingray
Work highlights
- Acted for an incapacitated primary beneficiary through her court-appointed Guardian for a stay of parallel Cayman Proceedings on grounds of Forum Non-Conveniens in complex issues never before fully argued in the Cayman courts.
Cayman Islands > Banking, finance and capital markets Tier 2
Under the leadership of Angus Davison , Ogier’s overall banking and finance offering is underpinned by an active fund finance practice, epitomised by its CAYLUX offering – a cross-border fund finance collaboration between the firm’s Cayman and Luxembourg fund finance groups. The department also handles structured financing instructions, which are a bedrock of the practice of Mark Santangeli , who also regularly advises on CLOs, securitisations, risk retention structures, structured products, and derivative arrangements, among others. Capital markets work is another mainstay; the group is particularly active in debt and equity issuances, especially SPACs, control transactions and take-privates. Other names to note are managing associate Tommy Tuohy, who focuses on asset finance matters, and James Heinicke , who handles fund financing matters, including subscription and capital call financings and fund-of-fund facilities.Practice head(s):
Other key lawyers:
Key clients
HSBC Bank plc
Borr Drilling Limited
EMR Capital Advisors Pty Ltd
Angelo Gordon & Co LP
Silicon Valley Bank
Perceptive Advisors LLC
Kismet Capital Group
NC Finance Limited
Deutsche Bank AG
Work highlights
- Advised Kismet Capital Group on the concurrent incorporation, set-up and listing of Kismet Acquisition Two Corp. and Kismet Acquisition Three Corp. on Nasdaq – each company was formed as a special purposes acquisition corporation and on their joint closing raised $517.5m.
- Assisting NC Finance Limited with a listing on the Cayman Islands stock exchange of variable rate loan notes, with an English issuer, of up to £600m split into three available currencies (GBP, USD and Euro).
- Advised ITHAX Acquisition Corp. on the incorporation, set-up and listing of ITHAX Acquisition Corp. on Nasdaq.
Cayman Islands > Corporate and commercial Tier 2
The team at Ogier has the ‘ability to provide legal support across all areas of Cayman law and has proven to be proactive in the ever-evolving regulatory landscape‘. It frequently advises clients, most of which are present in the financial services sector, on high-value acquisitions and disposals involving Cayman structures or businesses. Practice head Bradley Kruger and Angus Davison possess noteworthy downstream M&A practices, handling private equity transactions along with SPACs and transactions involving international public companies. Other standout names include global funds finance practice head James Heinicke , who is regularly instructed in corporate reorganisations and international M&A; structured financing expert Mark Santangeli ; and ‘very helpful and resourceful‘ senior associate Michael Robinson, who, alongside Kruger, sits as a member of the digital, blockchain and fintech group – a key sectoral area of growth for the firm.Practice head(s):
Other key lawyers:
Testimonials
‘Ability to provide legal support across all areas of Cayman law and has proven to be proactive in the ever-evolving regulatory landscape. Strong communication and guidance allows us to operate efficiently and stay ahead of changes to Cayman law.’
‘Angus Davidson is extremely responsive and has provided strong technical advice across multiple areas of Cayman law.’
‘Michael Robinson is very helpful and resourceful. Provides great client service as a legal point person on many of our day-to-day Cayman operations.’
‘Michael Robinson is very smart and upfront. He was always ready to have a chat and to help in solving the many major problems we faced to close one of the deals (everything always on short notice). It was a great experience in general.’
Key clients
Advent International Corporation
Perceptive Advisors LLC
Nexo Capital Inc.
Expro Group Holdings International Limited
Borr Drilling Limited
Li-Cycle Corp.
Giga Energy Inc.
BTG Pactual Group
Angelo Gordon & Co LP
Canadian Imperial Bank of Commerce
Work highlights
- Advised Yunhong International and Giga Energy Inc on a proposed share exchange, in a deal valued up to $7.35bn.
- Advised Advent International Corporation on the cash-and-stock sale to NuBank of its controlling stake in EasyInvest.
- Advised ARYA Sciences Acquisition Corp II on its business combination with Cerevel Therapeutics, Inc.
Cayman Islands > Dispute resolution Tier 2
The ‘exceptional’ dispute resolution practice at Ogier is commended for its ‘extensive knowledge of Grand Court and CICA procedures, and is exceptionally well versed in the law on freezing orders and anti-suit injunctions’. ‘Unafraid to seek remedies that go beyond the norm in commercial litigation’ and ‘working well as part of a global team’, the group includes newly appointed Queen’s Counsel and senior managing partner Rachael Reynolds QC and is led by the firm’s global head of dispute resolution Marc Kish . Jennifer Fox specialises in fraud and asset recovery claims, whereas William Jones regularly advises on the enforcement of foreign judgments and arbitral awards. Also highly adept in this space are managing associate Gemma Lardner, counsel Deborah Barker Roye and Christopher Levers, who joined the group as counsel from Mourant in January 2021.
Practice head(s):
Other key lawyers:
Testimonials
‘The team is exceptional, they are always impressive and considered. Their distinguishing factor is their emotionally intelligent approach to finding the best way to win the argument whether that calls for a direct approach or a more circuitous one. The team includes brilliant minds who consistently master the detail without losing overall perspective.’
‘Ogier are really going places. They have great work from China and India.’
‘Ogier’s Disputes team (Cayman) have been exceptional. They have extensive knowledge of Grand Court and CICA procedure, are exceptionally well versed in the law on freezing orders and anti-suit injunctions. Their instincts and judgment calls have been reliably correct. They are not afraid to push the envelope, fiercely guarding clients’ interests, and seeking remedies that go beyond the norm in commercial litigation. They have been reliably commercial and work well as part of a global team, integrating and working in collaboration with overseas counsel.’
‘Will Jones is approachable and easy to work with, draws on a wealth of experience, not afraid to make tough calls. His judgments and instincts are reliably correct.’
‘Christopher Levers is experienced, creative, cool-headed in the face of pressure and all over the detail. Works well in a team.’
‘Marc Kish is commercial, user-friendly, very experienced, and a good strategic thinker.’
‘Rachael Reynolds QC is the whole package: she has a first-rate mind; she is utterly committed to her clients and yet remains a real pleasure to work with.’
‘Jennifer Fox is a stand-out in the contentious trusts and insolvency space. She has accumulated an enormous amount of experience and inspires confidence.’
Key clients
Star International Drilling Ltd
Cheng & Cheng Ltd, Cheng & Cheng Services Ltd, FN Asia Advisory Co Ltd
Tianrui (International) Holding Company Limited
G3 Exploration/Green Dragon Gas
Funds under the management of Elliott Advisors (UK) Limited; Athos Capital Limited; Genesis Investment Management, LLP; Hudson Bay Capital
Kuwait Ports Authority and The Public Institution for Social Security
Raiffeisen Bank International AG
Hudson Capital Solar Infrastructure GP, LP
Oaktree Capital Management LLP
Joint official liquidators of Madison Asset LLC (in official liquidation)
Joint official liquidators of Universal Enterprises Ltd.
Gol Linhas Aereas S.A.
Essar Global Fund Limited and Essar Capital Limited
Work highlights
- Acting in one of the most significant and substantive aspects of the Abraaj Group investor litigation, following the collapse of the largest ever private equity structure in the Middle East.
- Acted for Kuwait Ports Authority in bringing an application pursuant to s.22 Exempted Limited Partnership Act to require the fund and its general partner, Port Link GP Ltd, to provide true and full information regarding the fund’s business and financial condition.
- Acting for the Cayman Islands Monetary Authority with respect to the highest fine ever imposed on a financial services provider in the Cayman Islands and in the first-ever appeal under the Monetary Authority Regulatory Fines Regulations.
Cayman Islands > Investment funds Tier 2
Ogier fields a ‘deep bench of experts in Cayman funds law’, noted for their ‘keen sense of the need to balance legal and commercial concerns’. The investment funds team, which is led by James Bergstrom , advises on the whole gamut of fund structures and strategies, spanning hedge, private equity, real estate, infrastructure, energy, credit, debt, venture capital, cryptocurrency and hybrid funds. In addition to its North American fund connections, the firm also has a strong Latin America practice that is overseen by Giorgio Subiotto, who is ‘great in working with international deals due to language skills and knowledge’. Private equity and crypto funds expert Nick Rogers , regulatory expert Joanne Huckle , hedge fund specialist Justin Savage and Angus Davison are other key members of the group, which in February 2021 saw the promotions of Tim Cone and Emma Sutherland to partner. At counsel level, Barry McEwan is a key name to note.Practice head(s):
Other key lawyers:
Testimonials
‘‘The Ogier team makes the Cayman side of a private fund formation seamless. They work efficiently with domestic counsel to quickly get the fund launched. They also provide top to bottom assistance with Cayman specific compliance (AML, local registration, etc.).’
‘Emma Sutherland was highly attentive and responsive throughout the launch process.’
‘Genuine global reach via footprint but also deep knowledge of what different partners and associates subject matter strengths are – clearly observed the desire for best client outcomes and not just keep billings in one office.’
‘Giorgio Subiotto is a fantastic investment funds in Cayman and he is a expert of his field and in Brazilian capital market as well. Pleasure working with him. Giorgio always makes himself available when we request advice, usually on very short notice.’
‘Attentive, knowledgeable, responsive. Particularly strong in structuring vehicles in Cayman.’
‘Tim Cone is a great asset for Ogier. He is very careful and also creative. Responsive, attentive. Works to find solutions to any requests that come his way.’
‘The Ogier Investment Funds team has a deep bench of experts in Cayman funds law. They are knowledgeable and responsive, communicate clearly, and have a keen sense of the need to balance legal and commercial concerns.‘
‘Justin Savage is our primary counsel at Ogier. Justin’s qualities that I value most are his responsiveness, thoroughness, clarity, and sensitivity to balancing legal and commercial concerns.’
Key clients
Washington Capital Management
Banco BTG Pactual S.A.
Wealth High Governance Capital Ltd.
PinnBrook Capital Management LP
Northwestern Mutual Investment Management Company, LLC
Advent International Corporation
Volpe Capital Partners
Centerbridge Credit Advisors, L.L.C.
Work highlights
- Advised on the launch of a Private Fund (closed-ended, private equity) for Washington Capital Management. formed as a Cayman LLC.
- Advised Banco BTG Pactual S.A. and its affiliate management and administration entities on the structuring and launch of 13 new Cayman investment funds structured as segregated portfolios within BTG’s wealth management and access platform SPCs and standalone funds established for venture capital investments.
- Advised Centerbridge Special Credit Partners IV – offshore close-ended investment fund and onshore close-ended investment fund – on all aspects of formation and launch of the fund/GP, legal opinions, side letters, supplements and registration as a private fund with the Cayman Islands Monetary Authority.
Cayman Islands > Regulatory and compliance Tier 2
Ogier’s regulatory and compliance coverage is divided among core service line offerings, with practitioners who are praised as ‘exemplary, professional and down to earth‘ advising clients on the practical application of various regulatory and compliance requirements. Joanne Huckle leads the investment fund regulatory group, guiding clients through the private funds law, engaging with legislators and the regulator, as well as industry bodies, through participation in technical committees. The corporate and private client regulatory sub-team is fronted by Dave Sherwin, who joined from Maples Group in late 2020 and advises clients on compliance with the anti-money laundering, tax information exchange, economic substance and country-by-country reporting for international tax disclosure regimes. The contentious regulatory team is led by Jennifer Fox , who acts for clients in financial crime and sanction issues as well as cross-border investigations. Banking regulatory lead James Heinicke and local client regulatory head William Jones are other names to note.Practice head(s):
Other key lawyers:
Testimonials
‘My go-to firm for Cayman funds regulation.’
‘Dave Sherwin is stellar on regulatory advice both advisory and contentious. Real intellectual firepower and tactically astute, has both the regulatory detail and funds experience. Our go-to person for investment funds regulatory issues. And is a pleasure to deal with. Big thanks.’
‘From associates to the partners, the team are clued in, always contactable and go above and beyond to meet deadlines.’
‘I have worked on a number of complex regulatory matters and they have been solution-focused.’
‘Dave Sherwin is a technical genius. The guidance, and attention to detail with so many moving parts was brilliant. I would highly recommend him.’
‘The team is dynamic and smart. They are problem solver extraordinaires.’
‘Dave Sherwin is a master in his field. He comes with a huge amount of regulatory experience and manages to inform his clients in a comprehensive yet humorous manner.’
‘Ogier are equal parts exemplary, professional and down to earth. They are extremely efficient and thorough and really take a tailored approach to each client and matter presented.’
Key clients
Digital Swiss Gold (Jersey) Limited
VersoView Foundation
Pocket Network Foundation
Work highlights
- Provided AML and fintech advisory services to Digital Swiss Gold (Jersey) Limited in connection with the use of a company as the primary operating company and general commercial/regulatory support in negotiations with paying agents, custodians and precious metals banks.
- Advised VersoView Foundation on the structuring of the VersoView Foundation, a foundation that promotes the VersoView Platform.
- Advised Pocket Network Foundation on the regulatory analysis for the establishment, ongoing operation and structuring of the Pocket Network Foundation, a non-profit entity that represents and acts on behalf of a decentralised autonomous organisation.
Cayman Islands > Real estate Tier 3
At Ogier, the property and local legal services team ‘delivers top-notch customer service at every level and during every step of a transaction, including a tremendous amount of after-care‘, routinely assisting high-net-worth and ultra-high-net-worth individuals with high-value residential real estate transactions. James Bergstrom oversees the department, which also advises on commercial portfolio acquisitions and disposals, infrastructure projects, and real estate finance work, both for lenders and borrowers. Senior associate Cline Glidden also frequently handles relocations for high-net-worth individuals linked to the acquisition of high-value real estate.Practice head(s):
Other key lawyers:
Testimonials
‘The team at Ogier is excellent. It delivers top-notch customer service at every level and during every step of a transaction, including a tremendous amount of after-care.’
Ogier > Firm Profile
The firm: Ogier provides legal advice on BVI, Cayman, Guernsey, Irish, Jersey and Luxembourg law. The firm’s network of locations also includes Beijing, Hong Kong, London, Shanghai, Singapore and Tokyo.
Legal services for the corporate and financial sectors form the core of the business, principally in the areas of banking and finance, corporate, investment funds, dispute resolution, private equity and private wealth. Ogier has strong practices in the areas of restructuring, corporate recovery and insolvency, employee benefits and incentives, employment law, regulatory and property.
Ogier’s corporate administration business, Ogier Global, works closely with Ogier’s partner-led legal teams to incorporate and administer a wide variety of vehicles, offering clients integrated legal and corporate administration services.
Main areas of practice
Banking and finance: The Banking and Finance team advises on all areas of banking regulation, documentation, security, and the establishment and operation of banking institutions for borrowers and lenders.
Corporate: The firm’s Corporate team has extensive experience in advising on the establishment of many forms of domestic and cross-border corporate vehicles, investment trusts and partnerships as well as advising on private placements, initial and other public offerings, mergers and acquisitions, reorganisations, joint ventures and disposals.
Dispute Resolution: Ogier’s Dispute Resolution team advises on the technical, strategic and procedural aspects across the spectrum of problems and disputes which arise in the offshore environment. This includes advice in relation to trusts, companies, shareholder issues, directors’ duties, investment performance, banking and other financial transactions, as well as fraud and asset tracing claims and all aspects of regulatory advice.
Investment Funds: The Investment Funds team advises on the full spectrum of fund structures and strategies, including: hedge, private equity, real estate, infrastructure, energy, credit, debt, venture capital, crypto currency, hybrid, impact and socially responsible investing. They provide clients with innovative solutions to all manner of legal requirements, to meet each client’s distinct set of regulatory and commercial demands. The team is backed by expertise across time zones throughout our offices in the British Virgin Islands, the Cayman Islands, Guernsey, Hong Kong, Jersey and Luxembourg. Ogier is a recognised listing agent for The International Stock Exchange (TISE) and the Cayman Islands Stock Exchange (CSX).
Private Wealth: The Private Wealth team has extensive experience in advising on the establishment of private trusts, purpose trusts and other vehicles typically used by private clients, as well as advising trustees in relation to transactions undertaken by trusts.
Real Estate: The team provides advice on the establishment and administration of real estate holding structures, including offshore and onshore vehicles used for real estate funds, one-off real estate transactions or acquisitions, joint ventures, property development and financing arrangements.
Regulatory: Ogier’s multi-disciplinary team helps clients navigate increasingly regulated environments through each stage in the business lifecycle: start up and relocation, operation, expansion and change. Prevention of issues is preferable but where things have gone wrong, Ogier provides effective solutions to clients including banks, major corporates, investment managers, fund administrators, trust companies and private clients.
Restructuring and Corporate Recovery: The firm’s Restructuring and Corporate Recovery team has extensive cross-border and international experience, advising on contentious and non-contentious offshore restructuring and corporate recovery matters, often advising in conjunction with onshore counsel and other professional services providers in connection with company structures.
Structured Finance: The firm’s Structured Finance team provides specialist offshore legal advice on all aspects of establishing and operating offshore SPVs, and listing agent services.
Clients: Ogier acts for a number of leading financial institutions including investment banks, legal and accountancy firms, corporations, trust companies, private equity houses, real estate investment houses, insurers and high net worth individuals.
Main Contacts
| Department | Name | Telephone | |
|---|---|---|---|
| Banking and Finance | Angus Davison | angus.davison@ogier.com | +1 345 815 1788 |
| Banking and Finance | James Heinicke | james.heinicke@ogier.com | +1 345 815 1768 |
| Banking and Finance | Mark Santangelli | mark.santangelli@ogier.com | +1 345 815 1766 |
| Corporate | James Bergstrom | james.bergstrom@ogier.com | +1 345 815 1855 |
| Corporate | Bradley Kruger | bradley.kruger@ogier.com | +1 345 815 1877 |
| Dispute Resolution | Rachael Reynolds | rachael.reynolds@ogier.com | +1 345 815 1865 |
| Dispute Resolution | William Jones | william.jones@ogier.com | +1 345 815 1873 |
| Investment Funds | Giorgio Subiotto | giorgio.subiotto@ogier.com | +1 345 815 1872 |
| Investment Funds | Joanne Huckle | joanne.huckle@ogier.com | +1 345 815 1872 |
| Investment Funds | Justin Savage | justin.savage@ogier.com | +1 345 815 1816 |
| Investment Funds | Nick Rogers | nick.rogers@ogier.com | +1 345 815 1844 |
| Private Wealth | Giorgio Subiotto | giorgio.subiotto@ogier.com | +1 345 815 1872 |
| Private Wealth | Rachael Reynolds | rachael.reynolds@ogier.com | +1 345 815 1865 |
| Property | James Bergstrom | james.bergstrom@ogier.com | +1 345 815 1855 |
| Local Legal Services | James Bergstrom | james.bergstrom@ogier.com | +1 345 815 1855 |
| Regulatory | Bradley Kruger | bradley.kruger@ogier.com | +1 345 815 1877 |
| Regulatory | James Heinicke | james.heinicke@ogier.com | +1 345 815 1768 |
| Restructuring and Corporate Recovery | Marc Kish | marc.kish@ogier.com | +1 345 815 1790 |
| Restructuring and Corporate Recovery | Rachael Reynolds | rachael.reynolds@ogier.com | +1 345 815 1865 |
| Structured Finance | Angus Davison | angus.davison@ogier.com | +1 345 815 1788 |
| Structured Finance | James Heinicke | james.heinicke@ogier.com | +1 345 815 1768 |
| Listings | James Bergstrom | james.bergstrom@ogier.com | +1 345 815 1855 |
| Listings | Angus Davison | angus.davison@ogier.com | +1 345 815 1788 |
Lawyer Profiles
| Photo | Name | Position | Profile |
|---|---|---|---|
 | James Bergstrom | James is the pricipal architect of Ogier’s Cayman funds practice and has… | View Profile |
 | Tim Cone | Partner, Cayman Islands | View Profile |
 | Angus Davison | Angus has a particular focus on providing regulatory and other advice to… | View Profile |
 | Jennifer Fox | Jennifer has practised offshore since 2008 and specialises in complex and high… | View Profile |
 | Cline Glidden | Senior Associate | View Profile |
 | James Heinicke | James is a partner in our banking and finance team in the… | View Profile |
 | Joanne Huckle | Joanne advises open-ended and closed-ended mutual funds and private equity funds, top… | View Profile |
 | William Jones | Will advises on all aspects of commercial litigation, specialising in contractual disputes,… | View Profile |
 | Marc Kish | Marc head Ogier’s Insolvency team in the Caribbean and Asia, and specialises… | View Profile |
 | Bradley Kruger | Bradley Kruger is a partner in Ogier’s Cayman team, and heads the… | View Profile |
 | Gemma Lardner | Managing Associate | View Profile |
 | James Lydeard | Managing Associate | View Profile |
 | Shaun Maloney | Partner | View Profile |
 | Barry McEwan | Counsel | View Profile |
 | Anthony Partridge | Anthony specialises in all aspects of non-contentious private trust matters, wealth structuring… | View Profile |
 | Ulrich Payne | Ulrich is a partner in the Cayman office’s dispute resolution team. His… | View Profile |
 | Jody Powery-Gilbert | Jody specialises in Corporate and Commercial and Investments Funds. Clients value Jody’s… | View Profile |
 | Rachael Reynolds | Rachael leads Ogier’s Cayman Dispute Resolution team. She has particular expertise in… | View Profile |
 | Nick Rogers | Nick has been practising Cayman law since 2001 and specialises in investment… | View Profile |
 | Mark Santangeli | Mark specialises in all types of finance and has particular expertise in… | View Profile |
 | Justin Savage | Justin is a partner in Ogier’s Investment Funds team and is based… | View Profile |
 | Dave Sherwin | Counsel, Cayman Islands | View Profile |
 | Giorgio Subiotto | Giorgio is Head of Ogier’s Global Latin American practice, Head of Global… | View Profile |
 | Emma Sutherland | Partner | View Profile |
Staff Figures
Number of global partners : 100 Number of fee earners worldwide : 500+ Total number of staff worldwide : 900+Legal Developments
New opportunities for blockchain use in the insurance industry
18th February 2020In a recent interview with Captive International, partner Bradley Kruger, explored the benefits Cayman offers as a jurisdiction for blockchain use in the insurance industry. His comments are included in the following article.
Structuring family office investments using Jersey private funds
18th February 2020Group partner Emily Haithwaite and partner Josephine Howe discuss Jersey private funds and what structures may be most appropriate for family office structures. Their article first appeared in HFM Jersey 2019 Special Report.
Key emerging themes underpinning real estate and the need for high standards of governance
18th February 2020A change in consumer habits and investor appetite for more ethical returns is driving a distinct evolution (or is it revolution?) in the real estate industry.
Jersey substance proposals – the Banking and Finance perspective
4th October 2019EU finance ministers have formally approved Jersey's economic substance legislation by removing the jurisdiction from the "grey list" on 12 March 2019 and the Privy Council granted formal approval to the Taxation (Companies - Economic Substance) (Jersey) Law 2019 (the Law) on 13 March 2019. The Law takes effect from 1 January 2019.
Exempt bodies: Substance regulations may still apply
4th October 2019The Income Tax (Substance Requirements)(Implementation) Regulations, 2018 as amended (the Substance Regulations) came into force on 1 January 2019 and have recently been further updated by The Income Tax (Substance Requirements)(Implementation)(Amendment) Regulations, 2019 (the Amendment Regulations), with effect from 1 August 2019. The Amendment Regulations have extended the scope of the Substance Regulations to include all tax exempt bodies that have been granted an exemption under paragraphs (3) and (5) of Schedule 1 of the Income Tax (Exempt Bodies) (Guernsey) Ordinance, 1989 (as amended) (the Exempt Bodies Ordinance). In addition, the Amendment Regulations clarify the scope of the Substance Regulations in relation to IP Assets and High Risk IP Companies – the balance of this note focuses on the change in status of tax exempt bodies.
Enhanced Information for Cayman Entities
4th October 2019The Cayman Islands Government has passed a number of amendment laws to strengthen Cayman's anti-money laundering and counter-financing of terrorism regime. The laws, published on 8 August 2019, are intended to help address certain recommended actions in Cayman's legislative framework identified by the Caribbean Financial Action Task Force in its evaluation report published in March 2019.
New Cayman Data Protection Law – A guide for Cayman funds
4th October 2019The Cayman Islands Data Protection Law, 2017 (DP Law) is currently scheduled to come into effect on 30 September 2019. Once commenced, it will enact a framework of rights and duties to regulate the processing of individuals' personal data broadly based on the same internationally recognised privacy principles that form the basis for other data protection laws globally. The DP Law will regulate the processing of all personal data in the Cayman Islands and will affect any entity established in the Cayman Islands, including investment funds, that processes personal data regardless of whether such processing takes place within the Cayman Islands and regardless of whether the personal data relates to Cayman individuals. For our full briefing see Cayman Islands Data Protection Law: An Ogier Client Guide.
Luxembourg Government submits bill to Parliament implementing the EU Anti-Tax Avoidance Directive 2
4th October 2019On 8 August 2019, the Luxembourg Government submitted a draft law to the Parliament (the Draft Law) to implement the Council Directive (EU) 2017/952 of 29 May 2017 (ATAD 2 or the Directive) into Luxembourg domestic law.
Enhanced Information for Cayman Entities
4th October 2019The Cayman Islands Government has passed a number of amendment laws to strengthen Cayman's anti-money laundering and counter-financing of terrorism regime. The laws, published on 8 August 2019, are intended to help address certain recommended actions in Cayman's legislative framework identified by the Caribbean Financial Action Task Force in its evaluation report published in March 2019.
Register of beneficial owners deadline approaching – are you ready?
4th October 2019As of 1 March 2019, the Luxembourg law of 13 January 2019 (the Law) creating a register of beneficial owners (Registre des bénéficiaires effectifs or "RBE") is in force.
Ogier advises on $889 million acquisition of AIM traded payment services company by way of scheme of
16th August 2019Ogier has advised Canadian payments technology company Nuvei Corporation on the US$889 million acquisition of AIM traded SafeCharge International Group Limited by means of a Court-sanctioned Guernsey scheme of arrangement.
Ogier advises on £140 million sale of Lakeside North Harbour office campus
16th August 2019Ogier has advised longstanding client Northwood Investors LLP on its £140 million sale of Lakeside North Harbour office campus to Portsmouth City Council.
- Trusts/private client