Legal Insights

Robert Farrell is a Partner in the firm’s Corporate, Finance and Investment Funds Groups in the Cayman Islands practicing British Virgin Islands (“BVI”) and Cayman Islands law. We have invited him to provide some background to himself, his practice, and his insight on recent market developments and trends in the legal market.

Last year saw an explosion of special purpose acquisition companies (SPACs) in the US, largely driven by favourable economic returns to SPAC IPO sponsors, liquidity, and pricing certainty offered by SPACs to target companies and investors. The extended low interest rate environment and the speed to market that…

The Cayman Islands Monetary Authority (“CIMA”) in December 2020 published its preliminary findings from on-site inspections (“Inspections”) conducted of Registered Persons (“RPs”) as defined pursuant to schedule 4 and section 5(4) of the Securities Investment Business Act (“SIBA”). RPs cover Cayman Investment Advisors, Investment Managers, Securities Brokers, Deal…

The Cayman Islands Monetary Authority (“CIMA”) published a new Rule – Corporate Governance for Regulated Entities (“Rule”) and a new Statement of Guidance relating to Corporate Governance – Mutual Funds and Private Funds (“Statement of Guidance”) on 14 April 2023. In essence, both the Rule and the Statement…

Explore fund management in the Cayman Islands, including regulatory frameworks, fund licensing, administration, and marketing. Learn about key laws such as the Mutual Funds Act and Private Funds Act, and the role of CIMA in overseeing fund operations.

Administrative Fines Regulations in respect of Cayman Private Funds 1.1. The administrative fine regime in the Cayman Islands was implemented pursuant to the Cayman Islands’ Monetary Authority (Administrative) Fines (Amendment Regulations), 2020, as amended (“Administrative Fines Regulations”) and extend the application of the fines administered by CIMA from…

As the regulatory requirements and cost burden increase for investment management entities in the Cayman Islands, many of our clients are looking for other offshore solutions. Under the Cayman Islands’ Securities Investment Business Act (2020 Revision) as amended, all Cayman entities carrying on securities investment business as investment…

The vast majority of open-ended investment funds will qualify as mutual funds under the Mutual Funds Law (As Revised), which requires mutual funds to be licensed or regulated as such. Closed-ended funds (i.e., investment funds that issue investment interests which are not redeemable at the option of the…