2,379 results found

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.

Following decades-long pressure from the private sector for IP law reform, the BVI now has modern trade marks legislation.

The Court of Appeal has held that a misinterpretation of the law and a miscalculation of statutory time limits does not justify a relief from sanction.

The Economic Substance (Companies and Limited Partnerships) Act, as amended (the "ESA"), requires BVI legal entities which engage in relevant activities to maintain economic substance in the BVI.

One of the consequences of the slowdown in fundraising caused by the recent pandemic seems to have been an increase in the use of Separately Managed Accounts ("SMAs") as investment vehicles.

The Government of the Cayman Islands continues to demonstrate its unwavering commitment to support business continuity of the financial services industry in light of the COVID-19 pandemic...

The vast majority of Cayman Islands hedge funds, i.e. open-ended vehicles that pool capital and hold multiple investments, are regulated by the Cayman Islands Monetary Authority ("CIMA") under the

Convention dictates that a Cayman Islands exempted limited partnership (ELP) be utilised for offshore private equity fund subscription financings.

The market dynamics of 2024 and 2025 have created a fertile ground for new SPAC IPOs, but this time around, sponsors and directors are examining the lessons learned from the previous cycle...

No explanation was provided, and the dissenters made demand for payment after the date for payment had passed.

Our conversation with the FRA on the updates to the Cayman Islands' Proceeds of Crime Act (POCA) brought together our Regulatory experts, Colm Dawson and Ian Mason, along with RJ Berry, OBE, Director of the Cayman Islands Financial Reporting Authority (FRA).

The Grand Court of the Cayman Islands has recently released for publication a decision in Dorsey Ventures Limited (Plaintiff) and XIO GP Limited (Defendant)

From our vantage point as advisers to many of the world's top private equity houses, broad market forces flow through to our instructions, and ultimately drive many of the terms of the funds we advise.

Associate Ed Pearson evaluates hedge fund co-investment and how it is becoming more prominent in the marketplace.

Pursuant to the Cayman Islands Monetary Authority ("CIMA") notices issued on 14 December 2020 (found here) and 11 December 2020 (found here) respectively, CIMA has advised the following...

The Cayman Islands Monetary Authority ("CIMA") has introduced rules for Cayman Islands regulated mutual funds and registered private funds.

On 15 March 2024, the Ministry of Financial Services and Commerce (the "Ministry") issued Technical Guidance for corporate services providers ("CSPs") to facilitate changes to internal processes...

As part of the on-going restructuring of the LATAM Airlines group, the Grand Court of the Cayman Islands (the "Court") recently approved an application made by the joint provisional liquidators...