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  • Article

    UCITS IV And Self Managed Investment Companies

    As you may have been aware, the Central Bank recently proposed to apply the "full UCITS IV regime" to UCITS organised as self-managed investment companies ("SMICs") by 1 July 2013.
    IrelandFinance and Banking
    Maples Group
    Maples Group
  • Article

    The CLOser - January 2014

    The CLOser is Maples and Calder's industry newsletter focused primarily on current Cayman Islands and Irish legal issues relevant to the CLO market.
    GlobalFinance and Banking
    Maples Group
    Maples Group
  • Article

    Asset Management Review Seventh Edition – Cayman Islands

    Asset management vehicles established in the Cayman Islands can generally be divided into two distinct groups:
    Cayman IslandsWealth Management
    Maples Group
    Maples Group
  • Article

    Pandemic Highlights Value Of Flexibility As Well As Enforcement Rights In Aviation Contracts

    The COVID-19 pandemic has resulted in some challenges to the legal regime in the aviation sector, according to Donna Ager, Head of Maples and Calder's European Aviation team at the Maples Group.
    United KingdomTransport
    Maples Group
    Maples Group
  • Article

    Cross-Border Restructurings - Ocean Rig Schemes Sanctioned

    In a ground-breaking decision for the Cayman Islands as a restructuring centre, the Cayman Islands court has handed down judgment sanctioning four highly complex inter-linked schemes of arrangement.
    Cayman IslandsInsolvency/Bankruptcy/Re-Structuring
    Maples Group
    Maples Group
  • Article

    Security For Costs In Cayman Islands Proceedings – The Impecuniosity Factor

    The Cayman Islands Court of Appeal ("CICA") in Traded Life Policies Fund (In Official Liquidation) ("TLPF") & Anor v Jeremy Leach et al confirmed that where the plaintiff's want of means (impecuniosity)...
    Cayman IslandsInsolvency/Bankruptcy/Re-Structuring
    Maples Group
    Maples Group
  • Article

    OECD CRS - Exemption Secured For 'Old And Cold' Cayman CDO/CLO Issuers

    The Cayman Islands Tax Information Authority has issued an advisory to confirm that the limited life debt investment entity exemption established under FATCA has been extended in the Cayman Islands to the OECD Common Reporting Standard.
    Cayman IslandsTax
    Maples Group
    Maples Group
  • Article

    AIFMD - CBI Clarifies Non-Application To Debt-Issuing SPVs

    The enactment of EU Directive 2011/61/EU on Alternative Investment Fund Managers (the "AIFMD") gave rise to considerable uncertainty as to whether structured finance vehicles would be considered alternative investment funds ("AIFs") under the AIFMD and therefore would be required by the AIFMD to appoint an authorised alternative investment fund manager ("AIFM") or be authorised themselves as AIFMs.
    IrelandFinance and Banking
    Maples Group
    Maples Group
  • Article

    BVI Court Puts Substance Over Form When Considering Technical Defences To Issues Of Service And Injunctive Relief

    Maples and Calder, the Maples Group's law firm, welcomes a recent judgment from the BVI Commercial Court in Durant International Corp (in Liquidation) v Flavio Maluf, which brings clarification to important issues ...
    British Virgin IslandsLitigation, Mediation & Arbitration
    Maples Group
    Maples Group
  • Article

    Irish Fund Managers Now Eligible For Chinese RQFII Licence

    On 21 December 2016, the People's Bank of China ("PBoC") announced that Ireland had been granted a RMB 50 billion Renminbi Qualified Foreign Institutional Investor ("RQFII") quota. Ireland is only the sixth European country to be granted an RQFII quota after the United Kingdom, France, Germany, Switzerland and most recently, Luxembourg.
    IrelandFinance and Banking
    Maples Group
    Maples Group
  • Article

    Time For Compliance With The Funds Corporate Governance Code

    The Corporate Governance Code for Collective Investment Schemes and Management Companies (the "Code") issued by the Irish Funds Industry Association (the "IFIA") in consultation with the Central Bank of Ireland (the "Central Bank") became effective on 1 January 2012.
    IrelandFinance and Banking
    Maples Group
    Maples Group
  • Article

    Ireland And The Long Reach Of EU Taxation

    The influence of the EU in Ireland's tax affairs is growing, with more measures and complexities coming down the tracks...
    European UnionTax
    Maples Group
    Maples Group
  • Article

    Equivalent Measures Exemption For Funds: Dispensing With Tax Residence Form

    Irish funds are required to obtain a tax declaration, in a prescribed form, from each non-Irish resident investor, certifying that they are not an Irish resident (the "Non-Resident Declaration")...
    IrelandFinance and Banking
    Maples Group
    Maples Group
  • Article

    LQIAIF 2.0 – Scope Of Permitted Lending Activity Widened

    Since 2014 the Central Bank of Ireland (the "Central Bank") has permitted regulated direct lending funds to be established as a special category of qualifying investor alternative investment funds.
    IrelandFinance and Banking
    Maples Group
    Maples Group
  • Article

    Irish Bank Resolution Corporation Liquidation

    The Irish Government enacted the Irish Bank Resolution Corporation Act 2013 (the "IBRC Act") in the early hours of 7 February 2013.
    IrelandFinance and Banking
    Maples Group
    Maples Group
  • Article

    FATCA And The Cayman IGA - Key Points For Cayman CLO Issuers

    Further to our prior client updates on the US Foreign Account Tax Compliance Act and the signing by the Cayman Islands government of a Model 1(b) (non-reciprocal) intergovernmental agreement with the US on 29 November 2013, this update provides a concise summary of the current position for SPVs, specifically, CLO issuers incorporated in the Cayman Islands.
    Cayman IslandsTax
    Maples Group
    Maples Group
  • Article

    Ever More Success In Europe

    Harjit Kaur of Maples and Calder offers her perspective on the firm's European growth and their response during the current pandemic.
    European UnionCoronavirus (COVID-19)
    Maples Group
    Maples Group
  • Article

    Continued Benefits Of Holding UK Property In A BVI Company

    The changes that were announced in the UK Budget 2014 do not affect the above benefits.
    British Virgin IslandsWealth Management
    Maples Group
    Maples Group
  • Article

    Central Bank Review Of The Regulatory Framework For Irish UCITS (CP119)

    On 29 March 2018 the Central Bank of Ireland published a Consultation Paper proposing to consolidate and amend the Central Bank UCITS Regulations, which form the basis for the Irish regulatory framework for UCITS.
    IrelandFinance and Banking
    Maples Group
    Maples Group
  • Article

    Recent CBI Findings Against permanent tsb and Springboard Mortgages Limited

    The Central Bank of Ireland (the "CBI") has announced that as result of a recent investigation it has identified "significant failures" on the part of two Irish mortgage lenders (permanent tsb ("PTSB") and Springboard Mortgages Limited ("Springboard")) in dealing with clients in connection with tracker mortgage products and the setting of interest rates.
    IrelandFinance and Banking
    Maples Group
    Maples Group

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