The proposed introduction of a corporate restructuring regime in the Cayman Islands is a welcome development and is considered by many to be long overdue. Presently, Cayman Islands law does not provide for any formal corporate restructuring process; a position which can be contrasted with, for example, the…
The Court of Appeal of the Cayman Islands has delivered a landmark judgment which has provided clarification of and, arguably, amendments to, Section 238 of the Cayman Islands’ Companies Act (the “Act”). The Court had to consider whether there was an error in or an omission from Section…
The Private Funds Act (2021 Revision) (PFA) of the Cayman Islands requires certain Cayman Islands-domiciled, closed-ended investment funds (private funds) to submit an application to register with the Cayman Islands Monetary Authority (CIMA) as a private fund within 21 days of acceptance of capital commitments, and before accepting…
The Beneficial Ownership Transparency Bill, 2023 (the “Bill”), which aims to streamline the Cayman Islands’ beneficial ownership framework and to enhance transparency and access to adequate, accurate and current beneficial ownership particulars is part of the Cayman Islands’ continuing efforts to advance the FATF’s enhanced Recommendation 24 global…
The Cayman Islands Companies Act (the “Act”) requires each Cayman company to provide its corporate services provider (such as its Cayman registered agent) and the Registrar of Companies with the ‘required particulars’ of ‘registrable persons’. By the Companies (Amendment of Section 254) Regulations, 2022 (the “Regulations”), which came…
Download our Cayman Law Update Document. In this issue: New Corporate Governance Standards for Regulated Mutual Funds
Attached is the April 2022 publication of our Technical Brief for Investment Funds, a newsletter developed by the Loeb Smith Cayman Islands Investment Funds Technical Team. This Technical Brief covers, among other thing, a number of recent Cayman case law authorities which will have an impact on the…
British Virgin Islands (“BVI”) business companies (“BVI Companies” and each a “BVI Company”) are widely utilized in structuring cross-border finance transactions. One of the key reasons for this is that the BVI provides a flexible and well-tested regime for secured financing transactions that is attractive to borrowers and…
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