In the absence of any shareholders agreement in place, the rights of the shareholders of a British Virgin Islands (“BVI”) company are governed by the terms of the company’s Memorandum and Articles of Association. However, there can be situations where the majority who control the company act in…
The Ministry of Financial Services & Commerce released a Consultation Paper on 26 August 2025 of amendments to introduce tokenized funds in the Cayman Islands, along with amendment bills (“Amendment Bills”) to each of the Mutual Funds Act, Private Funds Act, and the Virtual Asset (Service Providers) Act…
Litigation can be costly. The potential cost of commencing a claim can often deter a prospective claimant from pursuing a meritorious claim. Third-party litigation funding can solve this dilemma for a prospective claimant by managing the risk and covering the legal costs. The prospective claimant would then be…
In the prevailing economic conditions investors in offshore companies registered in the Cayman Islands or the British Virgin Islands (“BVI”) are increasingly being forced to consider their rights against directors who may have been responsible for mismanagement of the company’s affairs. Minority shareholders, in particular, are keen to…
Once registered under the Cayman Islands Companies Act (As Revised), a segregated portfolio company (“SPC”) can operate segregated portfolios (“SPs”) with the benefit of statutory segregation of assets and liabilities between portfolios. The principal advantage of an SPC over a standard exempted company is to protect the assets…
Irrevocable trusts are a crucial instrument in estate planning, particularly in jurisdictions like the Cayman Islands, known for its robust legal framework and favourable tax environment. An irrevocable trust in the Cayman Islands is a legal arrangement where assets are transferred by a grantor or settlor to a…
Default judgments and summary judgments are judgments made by a court without the need for a claim to go to full trial. Judgment can therefore be obtained more swiftly and cost-effectively compared to if the claim proceeded through to trial. It should be noted that a key difference…
The Cayman Islands, renowned as a global financial hub, hosts a diverse array of financial institutions and entities engaged in banking, insurance, investment management, and other financial services. To maintain its stature and protect its reputation, the Cayman Islands Monetary Authority (“CIMA”) has been conducting regular on-site inspections…
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