ArticleFocus On The BVI: Hedge Funds SectorThe BVI funds market sees a huge variety of structures and investment managers from all over the world who seek a domicile that provides stability.British Virgin IslandsFinance and BankingHarneys
ArticleBVI Case Notes: Shell Sheds Light On WestfordIn the recent decision of Kenneth Krys and Joanna Lau (as Joint Liquidators of Fairfield Sentry Limited in Liquidation) and Stichting Shell Pension Funds, HCVAP 2011/036, the ECSC Court of Appeal provided some clarification of its decision in Westford Special Situations Fund Limited v Barfield Nominees Limited et al HCVAP No. 14 of 2010.British Virgin IslandsInsolvency/Bankruptcy/Re-StructuringHarneys
ArticleDon't Stick Your Head In The Sand: Strict Sanctions For Breach Of Freezing InjunctionsIn the recent case of SIA Investment Industry v Pardus Wealth Ltd, the English Commercial Court ruled on the appropriate sanction to be imposed on an individual respondent...British Virgin IslandsInternational LawHarneys
ArticleUnlawful International Transfer Of Personal Data Results In Damages Awarded To EU Data SubjectOn 8 January 2025, the EU General Court (the Court) ruled in favour of a German citizen in Bindl v Commission (Case T-354/22)...British Virgin IslandsPrivacyHarneys
ArticleBVI And Cayman To Enter Into FATCA Model 1 Agreements With United StatesThe US Foreign Account Tax Compliance Act, commonly referred to as FATCA, became effective earlier this year, and foreign financial institutions in every jurisdiction, including in the British Virgin Islands and the Cayman Islands, will be required to make certain reports to the US Internal Revenue Services.British Virgin IslandsTaxHarneys
ArticleBVI Issues Updated FATCA Guidance NotesThe International Tax Authority (ITA) of the British Virgin Islands has today announced the issue of Version 2.0 of the Guidance Notes on the International Tax Compliance Requirements...British Virgin IslandsTaxHarneys
ArticleESMA Releases Third Consultation Package On MiCAOn 25 March 2024, the European Securities and Markets Authority (ESMA) released its third consultation package concerning the regulation of Markets in Crypto-Assets (MiCA).British Virgin IslandsTechnologyHarneys
ArticleBVI Signs Multilateral Memorandum With Group Of International Financial Centre SupervisorsThe British Virgin Islands Financial Services Commission (BVI FSC) has signed a multilateral Memorandum of Understanding (MoU) between members of the Group of International Financial Centre Supervisors. British Virgin IslandsWealth ManagementHarneys
ArticleCayman Islands Commended By The OECD In Latest Peer Review ReportThe Organisation for Economic Co-operation and Development recently published a report in which the Cayman Islands was commended for the "streamlined, efficient and responsive procedures it has is in place to facilitate the exchange of information for tax purposes".British Virgin IslandsWealth ManagementHarneys
ArticleGetting To The 'Art Of The Matter | Key Considerations For Using BVI Structures In Art-Secured LendingThe art finance market has seen an unprecedented boom in recent years, buoyed by changing perspectives amongst wealth management players and art collectors. British Virgin IslandsWealth ManagementHarneys
ArticleIs This An Agreement To Arbitrate? – A Case Concerning Multiple Dispute Resolution ClausesThe judgment in the recent English case of Bugsby Property LLC and Anor v Omni Bridgeway (Fund 5) Cayman Invt. Ltd serves as a useful reminder...Cayman IslandsLitigation, Mediation & ArbitrationHarneys
ArticleCayman Islands Introduces The Mandatory Disclosure Rules For CRS Avoidance Arrangements And Opaque Offshore StructuresThe introduction of the MDRs is part of the Cayman Islands' commitment to adopting OECD-style Model Rules.Cayman IslandsPrivacyHarneys
ArticleThe Use Of AI In Legal Proceedings: The Grand Court Weighs InThe Cayman Islands Distinguished Guest Lecture for 2024, AI Transforming The Work of Lawyers and Judges, was given by the Rt Hon Sir Geoffrey Vos, Master of the Rolls.Cayman IslandsTechnologyHarneys
ArticleEBA Guidelines On Group Capital Test For Cyprus Investment FirmsOn 22 October 2024, the Cyprus Securities and Exchange Commission (CySEC) announced its adoption of the European Banking Authority...CyprusCorporate/Commercial LawHarneys
ArticleCyprus And Iran Sign Double Tax TreatyOn 4 August 2015, the governments of Cyprus and Iran signed an agreement for the avoidance of double taxation (the Treaty).CyprusTaxHarneys
ArticleESMA's Guidance On Non-MiCA Compliant Crypto-Asset ServicesOn 17 January 2025, the European Securities and Markets Authority (ESMA) issued a statement on providing crypto-asset services related to Asset-Referenced Tokens...European UnionTechnologyHarneys
ArticleIranian Sanctions Relief In The UK Overseas Territories: An Update For Bermuda, BVI And CaymanA significant number of EU sanctions and restrictive measures on Iran related to its nuclear programme were lifted across the EU and other states following Implementation Day of the JCPOA on 16 January 2016.GlobalInternational LawHarneys
ArticleUK Government Tightens Sanctions: Ban On Russian Diamonds Extended To Third Country ProcessorsOn 28 February 2024, the UK Government published the Russia (Sanctions) (EU Exit) (Amendment) (Regulations) 2024, extending the ban on Russian diamonds...GlobalInternational LawHarneys
ArticleBVI Court Gives Guidance On s175 ProcedureBritish Virgin Islands companies are generally free to dispose of their assets on such terms as the directors think fit, but where the assets being disposed of constitute 50% or more of the company’s total assets, then section 175 of the BVI Business Companies Act, 2004 requires that all shareholders (even shareholders holding non-voting shares) must be formally notified of the proposed disposal, and that the disposal must then be approved by a resolution of the shareholders. British Virgin IslandsCorporate/Commercial LawHarneys
ArticleSeeking Fair Value: BVI Court Provides Guidance For Appraisers Valuing SharesThis week the BVI Court issued important guidance as to how shares should be valued following a squeeze-out, merger or dissent from other restructuring provisions.British Virgin IslandsCorporate/Commercial LawHarneys