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Legal Insights

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Insights | 15 November 2024

Top Ten Best Practices for an ICO Founder Team: A View from the Cayman Islands

In a research paper on initial coin offerings (“ICOs”) published in December 2017 , it was noted that fewer projects had reached their financing goals in November 2017 than in the previous months. It was also noted that most ICOs lacked a clear reason for using tokens and…

Insights | 31 October 2024

Cayman Islands: The need to focus on Corporate Governance

Corporate governance in the Cayman Islands primarily follows international standards and best practices, influenced by various factors including legal frameworks, regulatory bodies like the Cayman Islands Monetary Authority (“CIMA”), and market expectations.

Insights | 25 October 2024

What are the key laws and rules that govern Cayman Islands’ investment funds?

Explore key laws and regulations governing investment funds in the Cayman Islands, including the Mutual Funds Act, Private Funds Act, and compliance requirements for open-ended, closed-ended, and limited investor funds.

Insights | 27 June 2024

Cayman Islands – A Limited Partner’s statutory right to information

Learn about a limited partner’s statutory right to information under the Cayman Islands Exempted Limited Partnership Act, including key legal cases that clarify the scope of this right and the extent to which limited partners can request financial and business information.

Insights | 11 June 2024

Company Restorations in the BVI

Amendments to the BVI Business Companies Act 2004 (the “BCA”) came into force on 1 January 2023 which changed the landscape for striking off, dissolving and subsequently restoring a British Virgin Islands (“BVI”) company to the Register of Companies (“Register”). This Briefing Note recaps the current position and…

Insights | 31 May 2024

Fireside chat with Edmond Fung

Fireside chat with Edmond Fung, Senior Legal Manager (pending registration as a Senior Associate with the Hong Kong Law Society) in Loeb Smith’s Hong Kong office advising on Litigation, Commercial Disputes and Insolvency in respect of British Virgin Islands law.

Insights | 22 February 2024

Legal Insight: 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. In this article, we examine five such pitfalls. While there are no “one size fits all” solutions to these issues, we set out some…

Insights | 29 January 2024

Pledge Shares

Can the Shares of a Cayman Islands Company be Pledged as Security? It is not possible to “pledge” registered shares under Cayman Islands law because title to the shares cannot be transferred by physical delivery. Any grant of security over registered shares that is called a “pledge” will…