AIFMD. Love it or loathe it – and let's face it, it's not the most popular law – the Alternative Investment Fund Managers Directive (AIFMD) has changed the way that alternative funds are marketed to investors in Europe.

There is no bespoke legislation dealing with "pre-pack" restructuring or sale of the business or assets of an insolvent British Virgin Islands (BVI) company, and in practice, as primarily a holding company...

Digital asset structures can achieve bankruptcy remoteness if properly designed, but success depends on whether customers hold true proprietary rights or merely contractual claims. This analysis examines how courts distinguish between these positions when exchanges, custodians, or brokers become insolvent, and what operational realities determine whether client assets fall outside the insolvent estate.

In our British Virgin Islands office, our most popular posts and publications ranged from practical advice on doing business in the jurisdiction through to sanctions on the global stage, ...

In December 2020, Tethyan Copper Company (TCC) obtained an ex-parte order against the Islamic Republic of Pakistan (Pakistan), Pakistan International Airlines Corporation (PIA) and various of its subsidiaries,...

The BVI Commercial Court granted further relief on 28 May in the Nam Tai litigation to stop rival arbitration proceedings commenced in Hong Kong.

In a recent decision, the BVI High Court examined the rules on stay applications in breach of contract claims and/or breach of fiduciary duty arising out of a contract.

Maritime litigators are witnessing an increase in vessel arrests stemming from contractual disputes, with poorly drafted contracts identified as the primary culprit. While no contract can guarantee dispute-free operations, understanding best practices and the importance of tailored agreements can significantly minimize risks in complex maritime transactions subject to delays, sanctions, regulatory requirements, and market conditions.

The Non-Profit Organisation Act, 2012 (the "Act") came into force on 1 January 2013 and introduces a registration and compliance regime for non-profit organisations operating in the British Virgin Islands.

The European Securities and Markets Authority (ESMA) has published three Consultation Papers proposing simplification of the Prospectus Regulation.

First is the welcome news that execution requirements in relation to BVI law governed deeds will be clarified.

Amendments to the BVI Business Companies Act in the British Virgin Islands ("BVI") have increased the focus on the role of the voluntary liquidator in the jurisdiction.

A BVI company can grant security over its assets in any manner permitted or required in the local jurisdiction where such assets and/or tangible moveable property are located.

The British Virgin Islands has long been a favourable jurisdiction to structure investment deals, either through the SPV (special purpose vehicle)

Written by Associate Nia Statham and Partner Shaun Reardon-John, this guide shares the legal asset recovery tools available for victims of cryptoasset fraud in the British Virgin Islands.

With the end of the calendar year coming into view, entities incorporated in the British Virgin Islands ("BVI") nearing the end of their life cycle should consider the relevant deadlines and steps necessary to save money...

BVI Financial Services Commission (FSC) has issued a reminder to BVI companies whose financial year is a calendar year that the 9-month extension for filing initial annual financial returns (annual returns)...

The principles of English common law and equity form part of British Virgin Islands (BVI) law and would be applied by the BVI's courts, except to the extent that they have been modified by statute.

British Virgin Islands ("BVI") companies now have to file an annual return with their registered agent setting out certain financial information, unless they are exempt.

Whilst many individuals are aware of the importance of succession planning to preserve continuity and stability in the transfer of assets upon death, such planning is often hindered by concerns over the high cost of establishing a robust trust structure.