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Break clause: implied term for M&Sdownload
The High Court has delivered a controversial judgment in the case of Marks and Spencer Plc v BNP Paribas Security Services Trust Company (Jersey) Ltd and Another.
Offshore Case Digest — Issue 4download
The Offshore Case Digest is intended to give the reader a high-level summary of the major commercial cases decided in Bermuda, the British Virgin Islands and the Cayman Islands in the first quarter of 2013.
In specie distributions — legal updatedownload
On 18 February 2013, the Cayman Islands Court of Appeal released its judgment in Re FIA Leveraged Fund.
Litigation funding, champerty and the Code of 1771download
It’s official. Third-party litigation funding will not infringe the laws against champerty and maintenance and will not be contrary to the Code of 1771.
Succession planning for family businessesdownload
The private client industry in Jersey is likely to become increasingly involved with putting in place succession planning and asset protection structures that relate to family businesses.
Investment funds in the Seychellesdownload
The Mutual Funds and Hedge Fund Act 1998 was brought into law in the Seychelles with a view to creating an investment fund regime that is designed to be relatively ‘light touch’ in its regulation.
Jersey trust law tinkering — some improvementsdownload
On 2 November 2012, the Trusts (Amendment No 5) (Jersey) Law came into force, making a number of changes to the Trusts (Jersey) Law 1984.
The Cayman Islands get ready for AIFMDdownload
This briefing describes how the Cayman Islands have prepared in order to enable Cayman AIFMs and AIFs to continue to market actively to professional investors in the EEA from 22 July 2013.
The Cayman Islands firewall legislation: does it need further fireproofing?download
Could Cayman’s firewall legislation stand up to challenges similar to those seen, for example, in Jersey. Are its provisions fit to face up to the current realities of the offshore trusts industry?
Australia's Federal Court rules in RCFdownload
Recently, the Federal Court of Australia handed down its decision in Resource Capital Fund III LP v Commissioner of Taxation [2013] FCA 363 (RCF).
The winding up of BVI and Cayman Islands companies in Hong Kongdownload
British Virgin Islands and Cayman Islands companies have long been a valuable feature of commercial life in Hong Kong and China.
Letters of request — insolvent Jersey companies and UK administrationdownload
Mann J has refused an application by HSBC pursuant to a letter of request for assistance seeking the appointment of administrators over Tambrook.
Jurisdiction update: Bermuda, British Virgin Islands, Cayman Islands, Mauritiusdownload
Conyers Dill & Pearman has released issue three of its Jurisdiction Update for 2013, covering Bermuda, the British Virgin Islands, the Cayman Islands and Mauritius. Topics include insurance developments in Bermuda, a new ‘approved manager’ regime in the British Virgin Islands, Cayman Islands master funds and more.
Resolution — spring 2013download
Appleby has released the spring 2013 edition of its Resolution offshore publication.
Cayman Islands continue towards AIFMD readinessdownload
The Cayman Islands Government confirmed on 25 March its continuing implementation of measures that will ensure that the Cayman Islands Monetary Authority will be ready for the implementation of AIFMD.
Cayman Islands, Guernsey and Jersey announce intention to enter into FATCA agreements with the US and UKdownload
Cayman Islands, Guernsey and Jersey looks set to enter into US and UK FATCA agreements.
Powers of foreign officeholders — guidance from the Cayman Islands Grand Courtdownload
Cayman Islands Grand Court gives guidance on powers of foreign officeholders.
Split the difference
Offshore law firms have long supplemented their legal offerings with fiduciary business, but will that model last?
Hands off
Anne Todd dissects two cases pertaining to directors of offshore funds involving fees and the delegation of responsibility...
Security measures
Nigel Pearmain and Chris Le Quesne review Jersey’s revised security interests regime...
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