Economic Substance Services (Video)

A recent English High Court decision clarifies that investor-appointed directors cannot freely share privileged legal documents with their appointing shareholders without explicit company authorization. This ruling challenges common assumptions about information rights in shareholders' agreements and establishes new boundaries for directors navigating dual loyalties between companies and investors.

The Cayman Islands Monetary Authority has introduced new enforceable Rules on anti-money laundering and sanctions compliance, effective September 18, 2026. These Rules transform previous guidance into directly enforceable requirements, establishing clear obligations for regulated entities including mandatory annual training for governing bodies, independent audit requirements, and enhanced AMLCO independence standards.

The Cayman Islands Monetary Authority has introduced two new legally enforceable Rules that fundamentally transform the compliance landscape for financial services providers, including insurers and reinsurers. These Rules elevate previously non-binding guidance into mandatory requirements ahead of the Caribbean Financial Action Task Force's 5th Round Mutual Evaluation in 2027, creating significant new obligations particularly around sanctions compliance that will affect even entities not conducting Relevant

The Cayman Islands offers ambitious founders a strategic nearshore base for international expansion, combining tax neutrality with sophisticated legal frameworks, regulatory stability, and access to world-class professional services. Companies establishing through Cayman Enterprise City's Special Economic Zone can build genuine operational presence without excessive infrastructure commitment, while connecting to global networks spanning technology, digital assets, and FinTech sectors.

A recent Cayman Islands court decision examines critical questions about directors' powers to postpone shareholder meetings, the appointment of meeting chairs when directors are absent, and the disclosure obligations of dissident shareholders in proxy contests. The case establishes important precedents regarding fiduciary duties in contested director elections and the circumstances under which terms may be implied into articles of association.

Cayman Islands companies and investment funds planning a year-end voluntary liquidation must navigate strict statutory timelines and regulatory requirements that begin months before December 31st. Missing critical deadlines can trigger an additional year of government fees, CIMA charges, and potentially unintended audit obligations. This guide outlines the essential planning dates, sequencing requirements for CIMA-regulated funds, and the coordination needed between deregistration and dissolution processes.

Cayman Islands corporate governance has evolved beyond basic administrative functions into a comprehensive framework requiring coordinated legal, regulatory and operational support. This article examines how investment managers and sponsors can address emerging compliance risks through integrated corporate administration, proper record-keeping and proactive regulatory management.

The Cayman Islands has introduced significant reforms to its business licensing framework, including the option for eligible Caymanian-owned businesses to obtain multi-year Trade and Business Licences valid for up to five years, alongside revised fee structures across professional services, real estate, and property development sectors.

On 24 July 2026, China's Ministry of Finance and State Taxation Administration jointly issued the Announcement on Individual Income Tax Matters Relating to Offshore Trusts (《财政部 税务总局关于离岸信托个人所 得税有关事项的公告》) (Announcement No. 21 of 2026) (the "Notice"), together with a companion Announcement of the State Taxation Administration on Collection and Administration Matters Relating to Individual Income Tax on Offshore Trusts...

The executor's year in Cayman Islands succession law represents a critical juncture where beneficiary expectations meet administrative realities. Does this twelve-month period impose an absolute deadline for estate completion, or does it function as a flexible measure of reasonable diligence? This analysis examines the statutory provisions, common law foundations, and practical implications of sections 5 and 7 of the Succession Act to resolve fundamental questions about representative obligations and benefi

The UK Supreme Court's decision in Saxon Woods v Costa establishes that directors cannot justify covert, disloyal conduct by claiming they sincerely believed they were acting in the company's best interests. This analysis examines how the ruling clarifies section 172 of the Companies Act 2006 and explores its implications for directors of Jersey companies, where article 74(1)(a) of the Companies (Jersey) Law 1991 takes a different structural approach to the same fundamental duty.

The UK's proposed AIFM reforms aim to create a more proportionate framework for emerging alternative investment fund managers. As these businesses evolve from proof-of-concept to institutional scale, they face increasingly complex questions around fund structuring, investor access, and long-term platform development that require sophisticated jurisdictional solutions.

Collateralised fund obligations (CFOs) are emerging as a critical financing mechanism for private fund sponsors seeking to access institutional capital markets. This analysis examines why the Channel Islands—specifically Guernsey and Jersey—have become preferred jurisdictions for structuring CFO vehicles targeting UK and European assets, combining regulatory credibility with tax efficiency and structural flexibility.

Bermuda's Digital Asset Business Act framework offers DeFi platforms and DAOs a structured regulatory pathway that bridges decentralised governance with institutional-grade compliance. Through tiered licensing and foundation company structures, projects can evolve from testing to full authorisation while maintaining token-holder governance and meeting institutional investor requirements.

Interim freezing injunctions serve as a critical mechanism in Guernsey for preventing respondents from dissipating or transferring assets during legal proceedings. The Royal Court's flexible approach to granting these orders, whether in support of domestic or international proceedings, demonstrates Guernsey's commitment to maintaining its reputation as a reputable international financial centre while balancing the rights of both applicants and respondents.

As the UAE strengthens its position as a leading international financial hub, boards of DIFC and ADGM entities face mounting pressure to demonstrate sound decision-making and robust governance. Regulators increasingly expect clear evidence that governance arrangements work effectively in practice, not just on paper. With enhanced scrutiny on oversight, compliance, and risk management, boards must show how decisions are reached, risks are assessed, and actions are followed through.

When a settlor-beneficiary requests the sale of real estate held through a trust-owned company, can the trustee simply inform the directors and step back? This article examines the trustee's active supervision obligations under the Bartlett duty, explores how anti-Bartlett clauses operate in practice, and reveals why professional trustees cannot shelter behind the corporate veil when conflicts of interest arise within the same corporate group.

Private credit activity in the Middle East is expanding rapidly, with sponsors and investors deploying capital through increasingly sophisticated lending and structured financing arrangements. The Cayman Islands exempted company offers a flexible corporate framework that can perform multiple functions within a single transaction, from investor aggregation to direct lending, while accommodating complex economic rights and governance structures.

China has introduced a comprehensive Individual Income Tax regime for offshore trusts, imposing a 20% flat tax on settlors and beneficiaries with Chinese connections. With a 90-day transition window now in effect, affected individuals must urgently assess their disclosure obligations and consider whether existing trust structures remain viable under the new rules.

The Bermuda Monetary Authority has released a consultation paper proposing principles-based guidance on artificial intelligence use in financial services, clarifying how existing regulatory frameworks apply without introducing new AI-specific legislation. The guidance establishes eight core principles and detailed expectations for governance, risk management, and oversight of AI systems, including emerging agentic AI capabilities. Regulated entities must now assess their AI inventories, board oversight arra