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  • Article

    BVI Introduces A New 'Regulation Light' Regime For BVI Domiciled Investment Managers And Advisors

    A discussion on the new regulation relating to BVI domiciled Approved Managers.
    Cayman IslandsWealth Management
    Forbes Hare
    Forbes Hare
  • Article

    Marketing Of BVI And Cayman Islands Alternative Investment Funds In The EU: AIFMD Update

    The Alternative Investment Fund Managers Directive (AIFMD) came into force on 22 July 2013 and is the outcome of a G20 consensus for closer regulatory oversight of the alternative investment funds sector, including hedge funds, private equity funds and real estate funds.
    Cayman IslandsFinance and Banking
    Forbes Hare
    Forbes Hare
  • Article

    Dissolving Partnerships And Staying Arbitrations

    Two recent decisions of the BVI Commercial Court illustrate some important points in relation to the court's power to stay proceedings in favour of arbitration.
    Cayman IslandsCorporate/Commercial Law
    Forbes Hare
    Forbes Hare
  • Article

    Resort Hotel And Condominium Developments In The Cayman Islands - A Recent Judgment Undermines The Ability To Control Rentals

    It is common for the developers of resort hotel and condominium developments to seek to control future rentals of condominium apartments within the resort that are to be sold to third party owners.
    Cayman IslandsReal Estate and Construction
    Forbes Hare
    Forbes Hare
  • Article

    Privacy And Regulatory Compliance – European And BVI Perspectives

    Judgment of the Court in Joined Cases C-37/20 | Luxembourg Business Registers and C-601/20 | Sovim S.A.
    British Virgin IslandsPrivacy
    Forbes Hare
    Forbes Hare
  • Article

    Cross-undertaking In Damages Required As Price Of Continuing Interim Receivership Order

    A defendant owns a British Virgin Islands company, which controls a majority stake in a publicly listed Japanese company. A claimant obtains an ex parte interim freezing order and gives the usual cross-undertaking in...
    British Virgin IslandsCorporate/Commercial Law
    Forbes Hare
    Forbes Hare
  • Article

    Trust Law In The BVI

    New Trust legislation in the BVI has broadened the range of trust options available to private clients and enhanced BVI trust legislation...
    British Virgin IslandsWealth Management
    Forbes Hare
    Forbes Hare
  • Article

    Offshore Companies Holding Residential Property In The UK — A BVI Perspective

    A summary of possible BVI legal issues for various planning options, following the UK government announcement relating to the removal of residential property from corporate structures.
    British Virgin IslandsWealth Management
    Forbes Hare
    Forbes Hare
  • Article

    BVI Court Holds That Judgment Creditors Must Wait Six Months Before Seeking An Order For The Sale Of Charged Property

    The saga involving the British Virgin Islands High Court's jurisdiction to enforce its judgments by making charging orders against company shares or other personal property has taken another turn.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Forbes Hare
    Forbes Hare
  • Article

    Implications Of The BVI Court's Charging Order Judgment In JTrust Asia Pte Ltd v Konoshita

    In our first article, we noted how the jurisdiction that was vested in the BVI High Court to make charging orders, upon its establishment in 1969, was the same as the jurisdiction that had been vested in the English High Court as at 1 January 1940.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Forbes Hare
    Forbes Hare
  • Article

    Impending Changes To The Voluntary Liquidation, Strike-off, Dissolution Company Restoration Regimes In The BVI Business Companies Act (revised Edition 2020)

    The BVI Business Companies Amendment Act, 2022 and the BVI Business Companies (Amendment) Regulations, 2022 (the "Amendment Act" and the "Amendment Regulations"...
    British Virgin IslandsCorporate/Commercial Law
    Forbes Hare
    Forbes Hare
  • Article

    BVI Recognition And Assistance For Foreign Insolvency Office Holders

    On 10 November 2014 the Privy Council handed down judgment in Singularis Holdings Limited v PricewaterhouseCoopers , which was heard alongside PricewaterhouseCoopers v Saad Investments Company Limited.
    British Virgin IslandsInsolvency/Bankruptcy/Re-Structuring
    Forbes Hare
    Forbes Hare
  • Article

    Claims By Insolvent Companies Against Fraudulent Directors

    On 22nd April 2015, the Supreme Court of the United Kingdom gave judgment in Jetivia SA v Bilta UK Limited (in liquidation) [2015] UKSC 23.
    British Virgin IslandsInsolvency/Bankruptcy/Re-Structuring
    Forbes Hare
    Forbes Hare
  • Article

    Offshore Case Notes

    A recent decision of the BVI Commercial Court highlights the importance of presenting cases fairly and with full and frank disclosure, and the consequences that may follow...
    British Virgin IslandsLitigation, Mediation & Arbitration
    Forbes Hare
    Forbes Hare
  • Article

    The Recoverability Of Foreign Lawyers' Fees

    The recoverability of foreign lawyers' fees is an issue which has frequently been considered by the British Virgin Islands Courts in recent years. This has resulted in a significant body of case law on the topic.
    Cayman IslandsLitigation, Mediation & Arbitration
    Forbes Hare
    Forbes Hare
  • Article

    Revisiting Exclusive Jurisdiction Clauses And The BVI High Court's Winding Up Jurisdiction In View Of Re Guy Kwok-Hung Lam

    Importantly, it was not necessary for the debtor to show that the grounds on which he disputed the debt were substantial ones.
    British Virgin IslandsInsolvency/Bankruptcy/Re-Structuring
    Forbes Hare
    Forbes Hare
  • Article

    The Recoverability Of Foreign Lawyers' Fees

    When the Legal Practitioners Act, 2015 (the "LPA") came into force in the British Virgin Islands (the "BVI"), it rewrote the rules governing the legal costs that parties to BVI court proceedings can recover...
    British Virgin IslandsInsolvency/Bankruptcy/Re-Structuring
    Forbes Hare
    Forbes Hare
  • Article

    Group Statement From The Alliance Of BVI Professional Services Businesses, Representing The Legal And Professional Services Firms With Operations In The BVI

    "Our thoughts remain with all those who have been affected by Hurricane Irma across the region.
    British Virgin IslandsWealth Management
    Ogier
    Ogier
  • Article

    开曼群岛:外国律师费用的可追讨性

    外国律师费的可追讨性是英属维尔京群岛法院近年来经常审理的一个争论点,由此产生了与该争论点相关的大量判例法。
    Cayman IslandsCorporate/Commercial Law
    Forbes Hare
    Forbes Hare
  • Article

    Group Statement From The Alliance Of BVI Professional Services Businesses

    This is a challenging situation for the BVI and its 30,000 residents, and our priority continues to be the well-being of all residents who remain in the BVI and those who are affected by the damage caused by Hurricane Irma.
    British Virgin IslandsStrategy
    Maples Group
    Maples Group

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