Cayman Islands Law/BVI Law Investment Funds Advice

Our Investment funds group has extensive experience in advising investment managers on the formation, structuring and launch of a broad range of investment funds in the Cayman Islands and in the British Virgin Islands.

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    Loeb Smith advises on a comprehensive set of investment fund areas including:

    • Hedge Funds
    • Private Equity Funds
    • Real Estate Funds
    • Distressed Funds
    • Other Asset Classes

    Loeb Smith attorneys are experts in advising on the formation, structuring, launch, re-organisation and on-going issues relating to Cayman Islands investment funds and BVI domiciled investment funds.

Recent fund manager representations have included working with international counsel on:

The structuring, formation and launch of several private equity funds structured as segregated portfolio companies targeting private equity opportunities across several emerging Latin America and Asian markets. The structuring, formation and launch of a private equity fund structured as segregated portfolio company (with two of its segregated portfolios making a Shariah compliant offering) targeting private equity opportunities across the MENA region.
Advising a US institutional investor on the subscription terms, redemption terms, imposition of redemption restrictions, and the enforceability of its side letter with the fund and its manager in connection with its seed capital investment in a large multi-strategy hedge fund. Advising on the soft wind down of a number of Distressed Funds and the sale of a number of their Madoff related claims on the secondary market.

Related Publications

Guide: Granting and protecting security over shares in a Cayman Islands exempted company 29 Mar 2021 Guide: Granting and protecting security over shares in a Cayman Islands exempted company Cayman Islands exempted companies are widely utilized in structuring cross-border finance transactions for the flexible and well-tested regime for secured financing transactions Read More
Will the BVI Approved Manager regime become, even for Cayman Islands’ Funds, the preferred offshore option for establishing an Investment Manager? 24 Mar 2021 Will the BVI Approved Manager regime become, even for Cayman Islands’ Funds, the preferred offshore option for establishing an Investment Manager? As the regulatory requirements and cost burden increase for investment management entities in the Cayman Islands, many of our clients are looking for other offshore solutions. Read More
Cayman Legal Update: Virtual Asset Service Provider Registration/Notification Requirements 8 Mar 2021 Cayman Legal Update: Virtual Asset Service Provider Registration/Notification Requirements With the coming into effect of the Virtual Asset (Service Providers) Act, 2020, the Cayman Islands Monetary Authority announced that the regulatory framework for the VASP Act would be implemented in two phases. Read More
Guide: Creation of security by a Cayman Islands exempted company 2 Mar 2021 Guide: Creation of security by a Cayman Islands exempted company Cayman Islands exempted companies are widely utilized in structuring cross-border finance transactions because they provide a flexible and well-tested regime for secured financing transactions that is attractive to borrowers and lenders alike. Read More
Guide: Creation of security by a BVI business company 19 Feb 2021 Guide: Creation of security by a BVI business company British Virgin Islands (“BVI”) business companies (“BVI Companies” and each a “BVI Company”) are widely utilized in structuring cross-border finance transactions. Read More
Benefits of Segregated Portfolio Companies for Investment Purposes 10 Feb 2021 Benefits of Segregated Portfolio Companies for Investment Purposes The principal advantage of an SPC over a standard exempted company is to protect the assets of one portfolio from the liabilities of other portfolios. Read More
Searches and constitutional documents from a BVI law and Cayman Islands law perspective 5 Feb 2021 Searches and constitutional documents from a BVI law and Cayman Islands law perspective Conducting due diligence on, and issuing legal opinions with respect to, British Virgin Islands (“BVI”) and Cayman Islands entities forms an important part of any offshore banking & finance or corporate lawyer’s practice. Read More
Side-letter perspectives in Cayman subscription financing 20 Jan 2021 Side-letter perspectives in Cayman subscription financing Subscription facilities dominated the Asian fund finance industry in 2020. However, as a result of widespread concerns about liquidity and an uncertain macroeconomic outlook, it has become more important than ever for a lender to undertake proper due Read More

Legal Expertise

Read more about how our team of attorneys provides legal advice on Cayman Islands law and British Virgin Islands law in the following practice areas: