ArticleCayman Legislative Changes Demonstrate Island's Ongoing Commitment To Global TransparencyTo assist global efforts to tackle tax evasion and corruption and to increase transparency, the Cayman Islands government has amended its companies law and has proposed a fundamental overhaul of its confidentiality laws.Cayman IslandsCorporate/Commercial LawHarneys
ArticleThe Impact Of Side Letters On The Constitutional Provisions Of Cayman Islands FundsIn Re Lancelot Investors Fund, KBC Investments Ltd v Varga the Cayman Islands Court of Appeal has delivered its judgment on an appeal from the Grand Court concerning the impact of side letters on the constitutional arrangements of Cayman funds. Cayman IslandsFinance and BankingHarneys
ArticleNew AML Regulations Come Into ForceThe Cayman Islands government recently adopted updated Anti-Money Laundering Regulations (the AML Regulations) which came into force on 2 October 2017.Cayman IslandsGovernment, Public SectorHarneys
ArticleCayman Islands Insolvency Law In 60 SecondsInsolvency law in the Cayman Islands is principally regulated by the Companies Law (2013 Revision) and the Companies Winding Up Rules 2008, and they are supplemented by a wide body of case law. Cayman IslandsInsolvency/Bankruptcy/Re-StructuringHarneys
ArticleCyprus Continues To Relax Restrictive MeasuresThe latest relaxations pertaining to transactions were passed on 17 May 2013 in Decree No 12 under the Enforcement of Restrictive Measures on Transactions in case of Emergency Law of 2013.CyprusFinance and BankingHarneys
ArticleEMIR 3.0: Introduction Of Safer And More Attractive EU Clearing Services RulesOn 4 December 2024, the Official Journal of the European Union published two pivotal legislative updates to the European Market Infrastructure Regulation (EMIR 3.0)...European UnionComplianceHarneys
ArticleRussia Sanctions And The Use Of EU-Based Holding Companies And SPVs This Article examines in summary whether EU-based subsidiaries of the sanctioned Russian state-owned entities listed in Council Regulation (EU) 833/2014 (Regulation 833)European UnionFinance and BankingHarneys
ArticleMandatory "Bail-In" Clauses For Finance DocumentsThe European Union is never happier than when it is changing a sovereign country's laws for it. GlobalFinance and BankingHarneys
PodcastI'm Still Standing: New York Court Confirms BFAM May Pursue Glory Health For US$200m In Missed Note Payments (Podcast)A recent decision the Supreme Court of the State of New York has determined that the beneficial owners of bonds have standing to bring claims against the bond issuer and guarantors.GlobalInsolvency/Bankruptcy/Re-StructuringHarneys
ArticleNew Divestment Licensing Grounds Under The UK-Russia Sanctions Regime, As Relevant To BVI, Cayman And BermudaOn 13 March 2024, two new UK-Russia sanctions licensing grounds were extended to the UK Overseas Territories: firstly, the UKOT competent authorities (eg BVI, Cayman Islands and Bermuda)...GlobalInternational LawHarneys
ArticleNew Approach to Leave to Appeal to the Privy CouncilIn some of its recent decisions the Court of Appeal seems to have adopted a more restrictive line on applications for leave to appeal to the Privy Council. Although the Virgin Islands (Appeals to the Privy Council) Order provides a number of ways to appeal, the main provision for commercial disputes is set out under paragraph 3(1)(a) British Virgin IslandsCorporate/Commercial LawHarneys
ArticleFear And Loathing In Las VegasWhen our global funds partners decided to meet in the Entertainment Capital of the World, there was a great deal of scepticism from the rest of the firm as to how constructive our collective output from the meetings might be.British Virgin IslandsFinance and BankingHarneys
ArticleIslamic Finance Continues To Grow In The British Virgin IslandsThe British Virgin Islands (BVI) remain the most popular international financial center for incorporating companies due to it being tax-neutral and politically stable with a flexible legal system...British Virgin IslandsFinance and BankingHarneys
ArticleRegulatory Update: Amendments To The Financial Services Commission Act, 2001Various sections of the Financial Services Commission Act, 2001 (the FSC Act) by the Financial Services Commission (Amendment) Act, 2015 (the Amendments) have been amended and enacted.British Virgin IslandsFinance and BankingHarneys
ArticleBVI Passes New Arbitration ActOn 17 December 2013 the British Virgin Islands House of Assembly had the third and final reading of the new Arbitration Act 2013. British Virgin IslandsLitigation, Mediation & ArbitrationHarneys
ArticleA Year Of SIBAThe Securities and Investment Business Act, 2010 ("SIBA") came into force in May 2010. It heralded the biggest change to the BVI investment funds legislative framework since the Mutual Funds Act, 1996 came into force.British Virgin IslandsWealth ManagementHarneys
ArticleReflections On The Metavante Decision And The ISDA Master AgreementOn 15 September 20091 the judge responsible for the Lehman bankruptcy proceedings in the United States held that Metavante Corporation (“Metavante”) could not rely on Section 2(a)(iii) of the ISDA Master Agreement to suspend payments to Lehman Brothers Special Financing, Inc. (“LBSF”). British Virgin IslandsWealth ManagementHarneys
ArticleWill Brexit Have An Impact On Offshore Financial Services?Now that the United Kingdom has served notice to leave the European Union under Article 50 of the Lisbon Treaty, managers of offshore funds have a clearer timetable for when Brexit will happen, with the UK scheduled to leave the EU in March 2019. British Virgin IslandsWealth ManagementHarneys