Legal Insights

With effect from 19 October 2017, it is possible to incorporate Foundation Companies in the Cayman Islands. The Foundation Companies Law, 2017 (the “Law”) allows for the formation and/or registration of a new Cayman Islands corporate vehicle: the Foundation Company. A Foundation Company will be governed by the…

Directors who are registered with CIMA in accordance with The Directors Registration and Licensing Law, 2014 (“DRLL”) in connection with being a Director of an entity that is registered with CIMA (e.g. registered Mutual Fund or an investment management or investment advisory entity that has “Excluded Person” status…

The Cayman Islands have been the leading offshore jurisdiction for merger and acquisition (M&A) activity over the last few years, with a steady flow of over USD77bn in combined value of target companies for 2016 and 2017, and a peak of over USD115bn in 2015. By way of…

In our previous publication Interim Payment Relief: New Developments Regarding Dissenters’ Rights under Cayman Merger Law, we discussed a new and significant development for minority shareholders in their quest to obtain the “fair value” for their shares in the context of a merger take-private carried out under the…

In the previous issue of our series of legal insights on owning intellectual property (IP) through a Cayman Islands corporate structure, we presented a brief overview of the new trademark registration process introduced by the new Cayman Islands Trade Marks Law, 2016 and the Trade Marks Regulations, 2017…

The protection of intellectual property (IP) rights in the Cayman Islands and in the British Virgin Islands (BVI) depends on the type of IP right (e.g. trademarks, patents and designs). The Cayman Islands and the BVI are British Overseas Territories and so the nature of IP protection in…

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…

In line with the transparency and compliance efforts that made the Cayman Islands one of the early adopters of the Common Reporting Standard (CRS) and FATCA, the Cayman Islands introduced, with effect from 1st July 2017, a beneficial ownership regime (the “BO Regime”) which requires each company and…