ArticleBVI Introduces A New 'Regulation Light' Regime For BVI Domiciled Investment Managers And AdvisorsA discussion on the new regulation relating to BVI domiciled Approved Managers. Cayman IslandsWealth ManagementForbes Hare
ArticleMarketing Of BVI And Cayman Islands Alternative Investment Funds In The EU: AIFMD UpdateThe 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 BankingForbes Hare
ArticleDissolving Partnerships And Staying ArbitrationsTwo 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 LawForbes Hare
ArticleResort Hotel And Condominium Developments In The Cayman Islands - A Recent Judgment Undermines The Ability To Control RentalsIt 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 ConstructionForbes Hare
ArticlePrivacy And Regulatory Compliance – European And BVI PerspectivesJudgment of the Court in Joined Cases C-37/20 | Luxembourg Business Registers and C-601/20 | Sovim S.A.British Virgin IslandsPrivacyForbes Hare
ArticleCross-undertaking In Damages Required As Price Of Continuing Interim Receivership OrderA 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 LawForbes Hare
ArticleTrust Law In The BVINew Trust legislation in the BVI has broadened the range of trust options available to private clients and enhanced BVI trust legislation...British Virgin IslandsWealth ManagementForbes Hare
ArticleOffshore Companies Holding Residential Property In The UK — A BVI PerspectiveA 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 ManagementForbes Hare
ArticleBVI Court Holds That Judgment Creditors Must Wait Six Months Before Seeking An Order For The Sale Of Charged PropertyThe 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 & ArbitrationForbes Hare
ArticleImplications Of The BVI Court's Charging Order Judgment In JTrust Asia Pte Ltd v KonoshitaIn 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 & ArbitrationForbes Hare
ArticleImpending 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 LawForbes Hare
ArticleBVI Recognition And Assistance For Foreign Insolvency Office HoldersOn 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-StructuringForbes Hare
ArticleClaims By Insolvent Companies Against Fraudulent DirectorsOn 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-StructuringForbes Hare
ArticleOffshore Case NotesA 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 & ArbitrationForbes Hare
ArticleThe Recoverability Of Foreign Lawyers' FeesThe 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 & ArbitrationForbes Hare
ArticleRevisiting Exclusive Jurisdiction Clauses And The BVI High Court's Winding Up Jurisdiction In View Of Re Guy Kwok-Hung LamImportantly, 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-StructuringForbes Hare
ArticleThe Recoverability Of Foreign Lawyers' FeesWhen 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-StructuringForbes Hare
ArticleGroup 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 ManagementOgier
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 LawForbes Hare
ArticleGroup Statement From The Alliance Of BVI Professional Services BusinessesThis 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 IslandsStrategyMaples Group