ArticleConfidentiality In The BVI And Cayman IslandsThe issue of confidentiality in offshore financial centres is high on the agenda in the financial press. British Virgin IslandsWealth ManagementHarneys
ArticleSky's The Limit: Cape Town Convention Extension To Cayman ImminentOnce extended to Cayman, the Cape Town Convention will directly apply to that jurisdiction, with Cayman gaining the status of a territorial unit of a Convention State. Cayman IslandsTransportHarneys
ArticleCyprus Signs Double Tax Treaty With LuxembourgAfter ten years of negotiations Luxembourg and Cyprus signed their first Double Tax Treaty (the Treaty) on 8 May 2017. The Treaty is pending ratification by both contracting states.CyprusTaxHarneys
ArticlePost-Scheme Modification – An Easy GuideIn the recent decision of Moody Technology Holdings Ltd[1], the Hong Kong Court of First Instance (the "Hong Kong Court") provides useful commentary on the jurisdiction to modify...Hong KongCorporate/Commercial LawHarneys
ArticleIran's Implementation Day Arrives And Harneys Is In The Thick Of ItIn 2005, Goldman Sachs named Iran as a member of the "Next Eleven", a country with the potential of becoming one of the world's largest economies in the 21st Century.GlobalInternational LawHarneys
ArticleKey Amendments To The Beneficial Owners Register DirectiveOn 6 December 2024, the Prevention and Suppression of Money Laundering and Terrorist Financing Law, L.188(I)/2007, as amended (AML Law) was significantly amended by the enactment of L.141(I)/2024.British Virgin IslandsCorporate/Commercial LawHarneys
ArticleArbitration In The BVI: An IntroductionThe BVI International Arbitration Centre opened on 16 November 2016 and the BVI IAC Rules came into force on the same date giving full force to the Arbitration Act 2013 effective as of 1 October 2014 in the British Virgin Islands.British Virgin IslandsWealth ManagementHarneys
ArticleWho has custody of your bearer shares?On the stroke of midnight on 31 December 2009, all bearer shares not deposited with an authorised or recognised custodian or converted into registered shares were disabled. British Virgin IslandsWealth ManagementHarneys
ArticleFourth And 'Fifth' Anti-Money Laundering Directives: Implementing AML Updates And UBO Registers In CyprusThe European Union's Fourth Anti-Money Laundering Directive 2015/849 (4AMLD), was adopted by the European Parliament and Council on 20 May 2015. CyprusWealth ManagementHarneys
ArticleAspects Of UK Corporate Governance: Some Practical Implications For Listed BVI CompaniesThe global financial crisis has sharpened the international focus on systems of corporate governance, not least in an effort to mitigate some of the systemic factors which may have contributed to the onset of the financial crisis. British Virgin IslandsCorporate/Commercial LawHarneys
ArticleMore Questions Of Standing Of Beneficial ShareholdersIn a recent decision in the case of TIPP Investments PCC v. Chagala Group Ltd. et al (BVIHCM 102/2016), Mr Justice Davis-White clarified the issue of the standing of beneficial shareholders that we highlighted in our previous article. As we had said was the likely outcome of any reconsideration of the case of Headstart Class F Holdings Ltd and another v Y2K Finance Inc (BVIHCV 278/2007British Virgin IslandsCorporate/Commercial LawHarneys
ArticleUnfair Prejudice And Beneficial Shareholders: A Confused NoiseThere are several circumstances in which a beneficial owner of shares may wish to bring an action for unfair prejudice without the participation of the legal owner of his shares.British Virgin IslandsCorporate/Commercial LawHarneys
ArticleOverview Of Tax Information Exchange In The British Virgin IslandsThe system of tax information exchange in the BVI is largely modelled on international principles developed by the Organisation for Economic Co-operation and Development (the OECD).British Virgin IslandsTaxHarneys
ArticleBVI Insolvency Act UpdateSince its enactment in 2003, the Insolvency Act ("the Act") has made significant and positive changes to insolvency law in the BVI. Phillip Kite gives an update on the way some of the more important changes have been interpreted to date. For UK practitioners, there are also some thoughts on how the Act might enable a BVI company, with a BVI governed floating charge, to circumvent some of the provisions of the UK Enterprise Act.British Virgin IslandsWealth ManagementHarneys
ArticleCyprus As Home Member State Under The Transparency Directive - Common Pitfalls In Cross-Border Reporting RequirementsCypriot companies are frequently used in cross-border structures, whereby securities of a Cypriot company are listed on a regulated market of another Member State.British Virgin IslandsWealth ManagementHarneys
ArticleCayman Decision Of Herald Fund SPCInvestors' claims for unpaid redemption proceeds in winding up of Cayman Islands investment funds.Cayman IslandsWealth ManagementHarneys
ArticleCayman Introduces Its Much Anticipated New Bill For The Formation Of Limited Liability CompaniesOn 18 December 2015, the Cayman Islands published a bill (the LLC Bill) for the creation of a new law to permit the formation of a new type of vehicle in the Cayman Islands, a Cayman Islands limited liability company (a LLC).Cayman IslandsWealth ManagementHarneys
ArticleThe Confidential Relationships (Preservation) Law: Confidentiality Legislation In CaymanA duty of confidence has been imposed by statute on certain categories of person in the Cayman Islands.Cayman IslandsWealth ManagementHarneys
ArticleCentral Bank Of Ecuador And Others v Conticorp SA And OthersStrict duties imposed on directors must be discharged, even if they are nominee directors. The Central Bank of Ecuador v Conticorp [2016] 1 BCLC 26 decision illustrates the dire implications for a director who merely follows instructions and by so doing fails to discharge his duties to the company.British Virgin IslandsCorporate/Commercial LawHarneys