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.

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

27 Feb 2023 BVI Professional Fund A BVI Professional Fund is the most popular type of BVI open-ended investment fund. According to the BVI Financial Services Commission in September 2022, there were 856 recognised Funds Read More

15 Feb 2023 The restoration of struck-off and dissolved companies in the British Virgin Islands: post January 2023 This article will consider in more detail the changes introduced by the Amendment Act to the provisions of the Companies Act which deal with the restoration of companies which have been struck-off or dissolved. Read More

13 Feb 2023 Fireside Chat with Wendy Au A chat with Wendy Au, Senior Legal Counsel in Loeb Smithâ€™s Hong Kong office. Wendy talks about her background and insight on recent market developments and trends in the legal market in Asia and other investment matters. Read More

5 Jan 2023 BVI Business Companies Act changes are now in force with effect from 1 January 2023 The Business Companies (Amendment) Act, 2022 which amends the BVI Business Companies Act, 2004, came into force on 1 January 2023. Read More

8 Dec 2022 Economic Substance in the Cayman Islands - tips to remain compliant The Cayman Islands introduced the International Tax Co-operation (Economic Substance) Act in response to the work carried out by the European Union and the OECD on 'fair taxation' and international tax practices. Read More

Practical Considerations on the Transfer of a Loan Portfolio and Security Interests where a BVI or a Cayman Islands entity is involved

30 Nov 2022 Practical Considerations on the Transfer of a Loan Portfolio and Security Interests where a BVI or a Cayman Islands entity is involved In the context of a reported increasing number of bond defaults by property developers in the People’s Republic of China and also the reported growing prevalence of non-performing debt due to rising interest rates across Asia, lenders have progressively... Read More

27 Oct 2022 Cayman Court makes landmark decision in section 238 fair value dissenting merger/take-private case in Re Changyou.com Limited 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 Islandsâ€™ Companies Act Read More

17 Oct 2022 Continuing obligations of Cayman Islands private funds The Private Funds Act 2021 Revision of the Cayman Islands requires certain Cayman Islands-domiciled, closed-ended investment funds to submit an application to register with the Cayman Islands Monetary Authority before accepting capital contributions Read More