Ogier > Tortola, British Virgin Islands > Firm Profile

Ogier
RITTER HOUSE, WICKHAMS CAY II
PO BOX 3170, ROAD TOWN
TORTOLA VG1110
British Virgin Islands

British Virgin Islands > Dispute resolution Tier 1

Committed to the offshore jurisdiction but with onshore talent’, Ogier excels in a wide range of disputes and has substantial expertise in commercial disputes, fraud cases, restructuring and insolvency matters and contentious trusts work. The ‘immensely talented group of lawyers at all levels of seniority’ is led by Brian Lacy , who is a go-to name for complex contentious matters for Russian and CIS clients, especially in asset tracing and recovery matters. Recognised by clients as ‘outstandingly good’, Nicholas Burkill  stands out for his international arbitration experience and is frequently instructed in civil fraud, breach of fiduciary duty, shareholder and trust disputes. ‘First-rate partnerGrant Carroll , ‘real assetNicholas Brookes and senior associates Ewelina Clyde-Smith and Alexander Muksinov are other highly rated names in the group, which in June 2020 also welcomed David Welford from Maples Group.

Practice head(s):

Testimonials

‘Ogier is the Rolls Royce firm in the BVI. It has an immensely talented group of lawyers at all levels of seniority.’

‘Deep knowledge of litigation – built up through many years experience at top commercial firms before taking that experience to the BVI. Committed to the offshore jurisdiction but with onshore talent.’

‘Nick Burkill has deep knowledge and appreciation of all aspects of contentious litigation. Excellent strategist. Excellent team builder.’

Grant Carroll has great client focus. Highly experienced in developing offshore R&I.’

Nick Brookes has an incredible capacity for work, great legal knowledge, and is an excellent researcher, wholly reliable in drafting pleadings/skeletons etc. A real asset to any litigation team.’

‘Ogier are going from strength to strength in the BVI.’ 

‘Grant Carroll is a first-rate partner much loved by clients; Dan Mitchell is an excellent associate who has excelled on the Pakistan litigation; and Brian Lacy is a fantastic old hand and rainmaker.’

‘Offices around the world staffed by BVI qualified lawyers who also have a wealth of experience with high-value multi-jurisdictional litigation.’

Key clients

IsZo Capital LP

Islamic Republic of Pakistan

King Bun

Phoenix Liquidation (multiple creditors)

Dreams International

Sparkle Roll Holdings

QGOG Constellation

Dakota

Work highlights

  • Advised IsZo Capital on a first instance case concerning the effective intervention of the BVI Court to protect investors on NYSE.
  • Advising the Islamic Republic of Pakistan in arbitration recognition and enforcement proceedings.
  • Representing Phoenix Liquidation in the $1bn liquidation of Phoenix Commodities Pvt. Limited, including Ancile as the largest single creditor.

British Virgin Islands > Regulatory and compliance Tier 1

Incorporated into the firm’s corporate, finance and investment funds departments, Ogier’s regulatory and compliance group is underpinned by knowledge of financial services regulation, anti-money laundering compliance issues and fintech and digital asset regulations. The latter area is a strong suit of Michael Killourhy, the corporate practice lead, who is a member of the BVI FSC’s Financial Services Fintech Advisory Board and BVI Finance’s Digital Asset Working Group; he also focuses on the regulatory aspects of financing and M&A work. Other names to note are trust regulation expert Simon Schilder , who divides his time between the firm’s Jersey and BVI offices, Ray Wearmouth , who is a key contact for financial services matters, and senior associate David Mathews, who is skilled at advising on digital asset issues.

Other key lawyers:

Testimonials

‘We found the team responsive, flexible and fully appreciated our needs and challenges.’

Key clients

EQIBank Limited

Verasity

Flutter Entertainment plc

Pollen DAO

Definity Digital Assets Limited

Mobifi

RBI Decentralized Platform

Kronos Research (Woo Network)

Work highlights

  • Advised EQIBank Limited on the development and issuance of a native token that will allow access to EQI’s DeFi services and products platform.
  • Advised Flutter Entertainment plc on the impact of BVI gaming and gambling law and legislation, and other BVI regulation, in relation to its operations.
  • Advised Mobifi on the use of a BVI entity to issue tokens to raise capital for and grant access to its platform.

British Virgin Islands > Banking, finance and capital markets Tier 2

Ogier differentiates itself through its considerable experience in debt and equity capital markets transactions and complex financial reorganisations and reconstructions. Notably, practice head Ray Wearmouth acts as a senior strategic adviser to the Government of the British Virgin Islands on financial services issues, while fellow co-head Michael Killourhy concentrates on equity capital markets matters. In a recent standout matter, Killourhy advised Kismet, a BVI-incorporated and NASDAQ-listed special purpose acquisition company, on its $250m IPO and associated $50m private placements. Other names to note are managing associate Rebecca Clark and senior associate David Mathews, who flourishes in digital asset issues.

Other key lawyers:

Testimonials

‘Responsive, commercial and a pleasure to work with.’

Great team, lots of experience and available when needed. They are a trusted partner for BVI matters.’

Michael Killourhy and Dave Mathews are great. Responsive and great members of team to collaborate with. Work seamlessly with our team and have great knowledge of the law and industry. Very client-focused.’

Key clients

Kismet Acquisition One Corp

Constellation Oil Services Holding S.A.

Eucrates Biomedical Acquisition Corp.

DNB Bank ASA

Citibank

HSBC (New York)

Work highlights

  • Advised Kismet on its $300m total Nasdaq IPO and associated private placements in August 2020.
  • Advised a leading global natural resources conglomerate on an over $4bn financing package.
  • Advised Eucrates on its $110m total Nasdaq IPO and associated private placements in October 2020.

British Virgin Islands > Corporate and commercial Tier 2

Jointly headed up by Michael Killourhy and Ray Wearmouth , the corporate team at Ogier is a key name in the market for complex reorganisations and reconstructions involving BVI entities and funds. In addition to this area of strength, in which it leverages firm-wide capabilities in contentious issues, it also handles a wide range of public and private M&A and joint ventures. Killourhy has a stellar reputation in the jurisdiction for his knowledge of special purpose acquisition companies, while Wearmouth is noted for his involvement in a multitude of key pieces of BVI legislation. Managing associate Rebecca Clark excels in cross-border M&A.

Other key lawyers:

Testimonials

‘We have dealt with Ogier in the BVI for a US listed company. The partner has deep knowledge of BVI law and practice as well as very good knowledge of US market requirements. Overall we have an efficient service from the firm.’

‘The team has deep knowledge of the legal issues facing a company like ours, and at the same time is practical, very clear and generally has an efficient solution to what looks like a complex matter.’

Key clients

Constellation Oil Services Holding S.A.

DNB Bank

Eucrates Biomedical Acquisition Corp.

IsZo Capital

Kismet Acquisition One Corp.

Longevity Acquisition Corporation

National Energy Services Reunited Corp.

Work highlights

  • Advising Kismet, a BVI special purpose acquisition company listed on NASDAQ, on its merger with leading European games developer Nexters Global Limited.
  • Advised Longevity, a BVI SPAC listed on NASDAQ, on its $40m merger with 4D pharma plc, a public company incorporated in England and Wales and listed on AIM (in the UK).
  • Acted for NESR on its acquisition of Sahara Petroleum Services Co., Egypt’s largest indigenous oilfield services company with operations across the Middle East and North Africa.

British Virgin Islands > Investment funds Tier 2

Praised as ‘approachable, flexible and responsive’, Ogier’s funds practice frequently advises investment managers on the full spectrum of hedge fund, private equity, real estate, venture capital and crypto asset classes. It receives a consistent flow of work related to fund vehicle formations, the establishment of co-investment vehicles and financial services regulation. The team is overseen by Simon Schilder , who is a former chairman of the BVI Investment Funds Association who splits his time between the firm’s BVI and Jersey offices. In this area, Michael Killourhy also takes the lead in many digital asset-related investment funds matters and fund insolvencies and reorganisations.

Other key lawyers:

Testimonials

‘We found the team approachable, flexible and responsive. Delivering innovative solutions within budget.’

‘Exceptional understanding of an innovative industry.’

Staff members are extremely knowledgeable and provide clear and concise guidance pertaining to regulatory matters.

The team is very professional, knowledgeable and fields engaging individuals whose attention to detail ensures the successful completion of our objectives.’

Key clients

EQIBank Limited

Digital Asset Capital Management

AEW Capital Management

Graham Capital Management

Work highlights

  • Advised Digital Asset Capital Management on the conversion of DAF Liquid Venture Fund Inc from an approved fund to a professional fund.
  • Advised AEW Capital Management on the establishment of AEW VIA IV Coinvest C, L.P. as a co-investment vehicle to facilitate an investment by a US state retirement plan into one of AEW’s real estate fund, AEW Value Investors Asia IV, LP.
  • Advising EQIBank Limited on a BVI Approved Manager application for proposed advisory services in relation to products and services on a digital DeFi platform.
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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.

DepartmentNameEmailTelephone
Corporate Michael Killourhymichael.killourhy@ogier.com+1 284 852 7309
Banking and Finance Ray Wearmouthray.wearmouth@ogier.com+1 284 852 7364
Dispute Resolution Nicholas Brookesnicholas.brookes@ogier.com+1 284 852 7366
Dispute Resolution Nicholas Burkillnicholas.burkill@ogier.com+1 284 852 7372
Dispute Resolution Grant Carrollgrant.carroll@ogier.com+1 284 852 7323
Dispute Resolution Brian Lacybrian.lacy@ogier.comT+44 1534 514493
Dispute Resolution David Welforddavid.welford@ogier.com+44 1534 514046
PhotoNamePositionProfile
Nicholas Burkill photo Nicholas BurkillNick has vast experience representing clients in international disputes before the courts…
Christian Burns-Di Lauro photo Christian Burns-Di LauroChristian has represented a wide range of financial institutions and companies on…
Grant Carroll photo Grant CarrollGrant is a Partner in Ogier’s Disputes Resolution team. He has appeared…
Michael Killhoury photo Michael KillhouryMichael advises on a broad range of corporate transactional matters, with particular…
Brian Lacy photo Brian LacyBrian is the Head of BVI Dispute Resolution. He is a “formidable”…
Ray Wearmouth photo Ray WearmouthRay is recognised by the leading legal directories as being one of…
Number of global partners : 100
Number of fee earners worldwide : 500+
Total number of staff worldwide : 900+