法律快讯

As the deadline for the filing of notifications to the Cayman Islands Tax Information Authority via the Cayman AEOI Portal in respect of (i) entities formed in 2015 for U.S. FATCA purposes and (ii) entities for UK CDOT purposes, approaches on 10 June 2016, we revisit some of…

The most common structure for a Cayman Islands domiciled private equity fund (“PE Fund”) is as an exempted limited partnership (“ELP”) formed under the Exempted Limited Partnership Law (As Revised) (“ELP Law”). However there are some Fund sponsors who choose a Cayman exempted company rather than an ELP…

On 9 February 2016, Clifford J., sitting in the Financial Services Division of the Grand Court of the Cayman Islands gave Judgment in In Re Torchlight Fund L.P. (unreported) reaffirming the principles which the Court will take into account in determining whether to grant a validation order. This article seeks…

A liquidator of a British Virgin Islands (“BVI”) company which is in insolvent liquidation can make various applications against current directors or former directors of the company. This includes any shadow or de facto directors. The relevant legislation is the Insolvency Act 2003 (as amended). This Briefing sets…

The Foreign Judgments Reciprocal Enforcement Law (1996 Revision) (the “Law”) allows a judgment creditor to apply for the judgment to be registered in the Grand Court and thereafter is deemed to have the same force and effect as Judgment of the Grand Court. However, at present the Law…

In certain circumstances the official liquidator of a Cayman company may be able to take action to recover assets which have been transferred in the run up to the company’s insolvency. It is important for those concerned with the affairs of a Cayman company in the twilight of…

A mareva or freezing injunction is an interim court order, restraining a party from dealing with, or removing, assets from the jurisdiction. Such an order is normally applied for on an basis (or without notice to the respondent) in order to avoid the risk of the dissipation of…

In our December 2014 legal update on FATCA (attached), we outlined that all Cayman Islands Financial Institutions (including investment funds, investment managers, and other Cayman domiciled financial institutions) (“Cayman FIs”) that maintain Financial Accounts are required to take action, including, among other things, (i) establishing and maintaining arrangements…