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.

  • Great wall

    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

Guide: Creation of security by a BVI business company 19 Feb 2021 Guide: Creation of security by a BVI business company British Virgin Islands (“BVI”) business companies (“BVI Companies” and each a “BVI Company”) are widely utilized in structuring cross-border finance transactions. Read More
Benefits of Segregated Portfolio Companies for Investment Purposes 10 Feb 2021 Benefits of Segregated Portfolio Companies for Investment Purposes The principal advantage of an SPC over a standard exempted company is to protect the assets of one portfolio from the liabilities of other portfolios. Read More
Searches and constitutional documents from a BVI law and Cayman Islands law perspective 5 Feb 2021 Searches and constitutional documents from a BVI law and Cayman Islands law perspective Conducting due diligence on, and issuing legal opinions with respect to, British Virgin Islands (“BVI”) and Cayman Islands entities forms an important part of any offshore banking & finance or corporate lawyer’s practice. Read More
Side-letter perspectives in Cayman subscription financing 20 Jan 2021 Side-letter perspectives in Cayman subscription financing Subscription facilities dominated the Asian fund finance industry in 2020. However, as a result of widespread concerns about liquidity and an uncertain macroeconomic outlook, it has become more important than ever for a lender to undertake proper due Read More
Avoiding BVI law and Cayman Islands law pitfalls in banking & finance and corporate transactions 5 Jan 2021 Avoiding BVI law and Cayman Islands law pitfalls in banking & finance and corporate transactions There are certain notorious pitfalls to avoid in the context of British Virgin Islands (“BVI”) and Cayman Islands banking & finance and corporate transactions. Read More
COVID-19: A practical guide to frequently asked offshore law questions 10 Dec 2020 COVID-19: A practical guide to frequently asked offshore law questions Coronavirus (“Covid-19”) is continuing its spread across the world, with more than 68 million confirmed cases in 220 countries and more than 1.5 million deaths. In response, governments worldwide have implemented far ranging containment measures. Read More
Winding-up of Cayman Islands’ Funds: A Reminder of a Key Principle of Winding-up Law from the Cayman Courts’ Decision in the Liquidation of Adamas Asia Strategic Opportunity Fund Limited 3 Dec 2020 Winding-up of Cayman Islands’ Funds: A Reminder of a Key Principle of Winding-up Law from the Cayman Courts’ Decision in the Liquidation of Adamas Asia Strategic Opportunity Fund Limited Commencing the voluntary winding-up of a mutual fund is deceptively easy but, as soon as it is contemplated, the Fund Manager's role and responsibilities change in subtle but very important ways. Some of these responsibilities have had a timely... Read More
Game Changer! - Licensing Requirements for Virtual Assets in the Cayman Islands - Part 2 23 Nov 2020 Game Changer! - Licensing Requirements for Virtual Assets in the Cayman Islands - Part 2 On 25 May 2020 the Cayman Islands government passed The Virtual Asset (Service Providers) Law, 2020 (“VASP Law”) In this two part series (this being Part 2) we look at the new VASP Law and its requirements Read More

Legal Expertise

Read more about how our team of attorneys provides legal advice on Cayman Islands law and British Virgin Islands law in the following practice areas: