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  • Article

    Focus On The BVI: Hedge Funds Sector

    The 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 Banking
    Harneys
    Harneys
  • Article

    BVI Case Notes: Shell Sheds Light On Westford

    In 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-Structuring
    Harneys
    Harneys
  • Article

    Don't Stick Your Head In The Sand: Strict Sanctions For Breach Of Freezing Injunctions

    In 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 Law
    Harneys
    Harneys
  • Article

    Unlawful International Transfer Of Personal Data Results In Damages Awarded To EU Data Subject

    On 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 IslandsPrivacy
    Harneys
    Harneys
  • Article

    BVI And Cayman To Enter Into FATCA Model 1 Agreements With United States

    The 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 IslandsTax
    Harneys
    Harneys
  • Article

    BVI Issues Updated FATCA Guidance Notes

    The 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 IslandsTax
    Harneys
    Harneys
  • Article

    ESMA Releases Third Consultation Package On MiCA

    On 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 IslandsTechnology
    Harneys
    Harneys
  • Article

    BVI Signs Multilateral Memorandum With Group Of International Financial Centre Supervisors

    The 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 Management
    Harneys
    Harneys
  • Article

    Cayman Islands Commended By The OECD In Latest Peer Review Report

    The 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 Management
    Harneys
    Harneys
  • Article

    Getting To The 'Art Of The Matter | Key Considerations For Using BVI Structures In Art-Secured Lending

    The 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 Management
    Harneys
    Harneys
  • Article

    Is This An Agreement To Arbitrate? – A Case Concerning Multiple Dispute Resolution Clauses

    The 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 & Arbitration
    Harneys
    Harneys
  • Article

    Cayman Islands Introduces The Mandatory Disclosure Rules For CRS Avoidance Arrangements And Opaque Offshore Structures

    The introduction of the MDRs is part of the Cayman Islands' commitment to adopting OECD-style Model Rules.
    Cayman IslandsPrivacy
    Harneys
    Harneys
  • Article

    The Use Of AI In Legal Proceedings: The Grand Court Weighs In

    The 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 IslandsTechnology
    Harneys
    Harneys
  • Article

    EBA Guidelines On Group Capital Test For Cyprus Investment Firms

    On 22 October 2024, the Cyprus Securities and Exchange Commission (CySEC) announced its adoption of the European Banking Authority...
    CyprusCorporate/Commercial Law
    Harneys
    Harneys
  • Article

    Cyprus And Iran Sign Double Tax Treaty

    On 4 August 2015, the governments of Cyprus and Iran signed an agreement for the avoidance of double taxation (the Treaty).
    CyprusTax
    Harneys
    Harneys
  • Article

    ESMA's Guidance On Non-MiCA Compliant Crypto-Asset Services

    On 17 January 2025, the European Securities and Markets Authority (ESMA) issued a statement on providing crypto-asset services related to Asset-Referenced Tokens...
    European UnionTechnology
    Harneys
    Harneys
  • Article

    Iranian Sanctions Relief In The UK Overseas Territories: An Update For Bermuda, BVI And Cayman

    A 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 Law
    Harneys
    Harneys
  • Article

    UK Government Tightens Sanctions: Ban On Russian Diamonds Extended To Third Country Processors

    On 28 February 2024, the UK Government published the Russia (Sanctions) (EU Exit) (Amendment) (Regulations) 2024, extending the ban on Russian diamonds...
    GlobalInternational Law
    Harneys
    Harneys
  • Article

    BVI Court Gives Guidance On s175 Procedure

    British 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 Law
    Harneys
    Harneys
  • Article

    Seeking Fair Value: BVI Court Provides Guidance For Appraisers Valuing Shares

    This 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 Law
    Harneys
    Harneys

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