Follow The Lawyer
Menu

View from Ogier

Substratum – What is it and do I need to worry about it?

There has been debate between legal academics and trust practitioners about whether a power holder is prohibited from exercising powers of addition or exclusion of beneficiaries, or other analogous powers, when the proposed change is so significant that it has the effect of changing the basic purpose, or ‘substratum’ of the trust. That is to say, the exercise of trust powers would result in an outcome closer to a fundamental change to the purpose of the trust itself than a simple variation, or addition or exclusion of beneficiaries.

Snapshot: witnessing Powers of Attorney via electronic means in Jersey

Powers of Attorney (PoA) are commonly used in private equity transactions due to the operational efficiencies they can create. In the funds context, one such operational efficiency is often realised in the subscription agreement further to which a PoA is typically granted by each investor in favour of the general partner (or any other nominated party).

How is private wealth approaching impact?

Our people and planet face serious challenges from the developing climate crisis, natural disasters and rising inequality. No corner of earth is immune from the consequences. But we are far from powerless in the face of these global threats – this is a race we can win.

Snapshot: distributions under BVI law

BVI business companies are one of the most commonly used offshore vehicles and our expert team frequently advises on distributions by BVI companies. In this snapshot, counsel Marie-Claire Fudge addresses a number of the most common questions asked about distributions.

When is it appropriate to seek ex parte relief in the Cayman Islands?

In Cathay Capital Holdings III, LP v Osiris International Cayman Limited, the Grand Court set out a helpful reminder of the circumstances in which it is appropriate to seek relief on an ex parte basis (ie without notice to the party against whom the relief is sought).

Luxembourg Corporate: unregulated securitisation vehicles

With over 1,000 securitisation vehicles (SVs) and thousands of related compartments, the Luxembourg securitisation market has enjoyed a continuous and steady growth. It is also forecast that this well-established trend will continue to gain further strength in the coming years.

Ogier CAYLUX – Fund Finance – The investor notice

The security package for a subscription facility will typically include security over the uncalled capital commitments of a fund’s investors, including: (i) the right to make capital calls on investors in respect of their uncalled capital commitments, together with rights to enforce payment of them; and (ii) the right to receive the proceeds of such capital calls. It will generally also include security over the bank account into which investors are required to deposit their capital contributions.

Snapshot: the growth of private equity and alternatives in Guernsey

Published statistics from the latest edition of Monterey Insight’s Guernsey Fund Report show that private equity and venture capital funds remain the most popular product of serviced funds, together topping asset allocations with US$388.4 billion at the end of June 2021, followed by alternative investment, with asset allocations at US$60.8 billion.

1 2 3 4 5 … 95