The Cayman Islands exempted company (including the segregated portfolio company) is the corporate vehicle of choice for series financing, mergers utilizing the Cayman merger regime, banking and finance transactions, investment funds, and other corporate transactions. The popularity of the exempted company is principally as a result of the…
A Captive insurance company is a wholly-owned subsidiary insurer that provides risk mitigation services for its parent company or related entities. In its simplest form, the “Captive” wholly-owned subsidiary is incorporated to insure against one or more risks to which its parent company is exposed. It is essentially…
In this Briefing Note, we provide a brief overview of the principles governing derivative actions in the Cayman Islands, both in a company and in a limited partnership setting.
Under the Companies Act (As Revised) of the Cayman Islands (the “Companies Act”), the Registrar of Companies (the “Registrar”) will de-register a Cayman Islands exempted company incorporated with limited liability and with a share capital (the “Applicant”) which proposes to be registered by way of continuation as a…
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…
The most common structure for a Cayman Islands domiciled private equity fund (“PE fund”) or a Cayman Islands domiciled venture capital fund (“VC fund”) is as an exempted limited partnership (“ELP”) formed under the Exempted Limited Partnership Act (As Revised) (“ELP Act”). However, there are some Fund sponsors…
The subscription finance market has grown substantially in recent years, driven by growth of private capital funds (including private equity, credit and real estate) and the funds’ wider adoption of subscription facilities (also sometimes called capital call facilities, or sub lines). Subscription financing or sub lines are loans…
The Cayman Islands introduced the International Tax Co-operation (Economic Substance) Act (as amended) (the “Act”) in 2018. As noted by the Tax Information Authority of the Cayman Islands (the “TIA”), the Act was introduced in response to the work carried out by the European Union and the OECD…
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