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Legal Insights

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Insights | 05 August 2022

Regulation of crypto exchanges and other crypto services in the Cayman Islands

The Virtual Asset (Service Providers) Act, 2020 (VASP Act) as amended, provides a legislative framework for the conduct of virtual assets busi¬ness in the Cayman Islands, and the registration and licensing of persons providing virtual asset services. Since the introduction of the VASP Act, the Cayman Islands Monetary…

Insights | 23 June 2022

Key factors for launching virtual assets business in BVI

The British Virgin Islands (BVI) continues to attract virtual assets businesses seeking to capitalise on its status as a leading offshore financial centre. Unlike other jurisdictions that have either prohibited certain types of digital assets or imposed material restrictions on them, the BVI has become renowned as the…

Insights | 17 May 2022

Safekeeping Arrangements in the BVI

In December of 2019, British Virgin Islands (“BVI”) introduced a regulatory regime for the recognition of private investment funds, the Private Investment Funds Regulations, 2019 (the “Regulations”). Under these Regulations, closed-ended funds (including, real estate, private equity and venture capital funds) which were previously not regulated in the…

Insights | 22 March 2022

STAR Trusts and Foundation Companies – Developing uses in the Digital Asset space

The Cayman Islands has a deserved reputation for boasting a variety of alternative and original structures. Whilst as a common law jurisdiction the concept of a trust is one that is recognised, upheld and commonly utilised, the Cayman Islands nonetheless has some alternative structures to rival the traditional…

Insights | 08 March 2022

Key Trends in Cayman and the BVI for Investment Funds, M&A, and Finance Transactions in 2022

Explore key trends in investment funds, M&A, and finance transactions in the Cayman Islands and BVI, including the rise of digital asset M&A, technology-focused funds, SPACs, and increased compliance requirements for offshore investment structures.

Insights | 28 February 2022

ESG in finance transactions: an offshore legal perspective

2021 saw an unprecedented surge in ESG debt issuance, arguably underpinned by growing investor appetite for sustainable and green- linked investment options. The UK insurer Aviva reported that 55% of more than 500 investors in its survey claimed that the covid-19 pandemic influenced the likelihood of considering ESG…

Insights | 27 January 2022

Key Features and Benefits of the BVI Incubator Fund

The BVI’s Securities and Investment Business (Incubator and Approved Funds) Regulations, 2015 (the “Regulations”) introduced the “Incubator Fund” which provides a streamlined basis for start-up investment managers to establish a track record of managing funds with an open-ended strategy. The Incubator Fund regime under the Regulations does not…

Insights | 01 January 2022

The Matter of Padma Fund

More thoughts on the ruling in The Matter of Padma Fund L.P. and potential impac In The Matter of Padma Fund L.P. [FSD 201 of 2021] (RJP), the Cayman Grand Court held that the Cayman Court does not have jurisdiction to order the winding up of a Cayman…