BVI Incubator and Approved Funds – when and how to convert

In 2015, the Financial Services Commission (FSC) of the British Virgin Islands (BVI) introduced two new fund regimes to provide an efficient route for start-up managers to establish a track record and for smaller funds with friends and family money to establish open ended funds, being the Incubator Fund regime and the Approved Fund regime respectively.

Related briefings

Cayman Court provides clarity on costs

In a costs ruling delivered on 12 March 2021, the Honourable Justice Ramsay-Hale provided welcome clarity on the circumstances in which the Grand Court of the Cayman Islands will make a costs award on the indemnity basis. A successful party can expect to recover a higher proportion of its costs when an award is made on the indemnity basis (rather than the standard basis) since only costs that are unreasonably incurred or are of an unreasonable amount will be disallowed on taxation, and any doubts as to reasonableness are resolved in favour of the successful party.

Snapshot: arbitration in the British Virgin Islands for Asia-based parties

The BVI is an increasingly popular arbitral seat supported by a modern pro-arbitration legal framework, modern arbitration facilities, and a world-class arbitration institution of its own in the form of the BVI International Arbitration Centre (“BVIIAC”). The ready availability of BVI legal expertise for any such arbitration under the supervision of the well-respected BVI Courts provides added comfort for parties seeking a dispute resolution venue in a stable jurisdiction.

Avenues of redress for stakeholders in Cayman incorporated companies facing the excesses of majority shareholders and/or their appointed directors

Against the backdrop of differing economies, laws and regulations throughout Asia, choosing to incorporate Cayman entities into holding and investment structures allows international stakeholders to co-operate under the aegis of a stable and effective judicial system. Appeals from the Grand Court of the Cayman Islands lie with the Cayman Islands Court of Appeal, comprising judges who have held high judicial office in the Commonwealth. The Judicial Committee of the Privy Council is the final Appellate Court for the Cayman Islands. As such, through its Court system, Cayman is able to provide the investment community with impartial, established and highly regarded judicial resources dedicated to resolving complex commercial disputes.

The Cayman Islands Court of Appeal finds Norwich Pharmacal relief is available in aid of foreign proceedings

The Court of Appeal of the Cayman Islands (CICA) has found that the Cayman courts have jurisdiction to grant a Norwich Pharmacal Order (NPO) in support of potential proceedings before a foreign court, even where alternative statutory remedies may be available (in this instance, the provisions of the Evidence (Proceedings in Other Jurisdictions) (Cayman Islands) Order 1978 (the Evidence Order)).

Latest Briefings

New changes impacting the leasing legislation

Law no. 83/2021 amending and supplementing Government Ordinance no. 51/1997 on the leasing operations and the leasing companies was published on April 16, 2021 in the Official Gazette no. 401, Part I. Importantly, the provisions of Law no. 83/2021 may only be applied for leasing agreements concluded after its entry into force.

6 simple ways law firms can use Live Chat

We detail 6 different ways that law firms can use the chat tool on their websites to benefit the visitor (and potential client), and in turn benefit the firm.

Sleep-in shifts not counted towards National Minimum Wage

Last week the Supreme Court decided to dismiss the latest appeal in the Royal Mencap Society v Tomlinson-Blake case and confirmed that time spent sleeping on site during a sleep-in shift will not count towards a care worker’s National Minimum Wage (NMW).

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Shearman nabs Latham restructuring partner

Shearman & Sterling has hired a second lateral in its restructuring practice this week, this time from Latham & Watkins. The US firm has taken on London partner Helena Potts, who has worked in the London office of Latham & Watkins for nine years. She has a focus on restructurings involving defined benefit pension schemes […]

The eight biggest moves at the Bar in March

Commercial juniors have been in high demand at the Bar of late, with Blackstone Chambers recruiting two barristers to help meet increasing activity. Elsewhere, Fountain Court also bolstered its commercial ranks, while 39 Essex and Doughty Street strengthened in public law and inquests respectively. Here are the eight biggest moves from March: Luka Krsljanin and […]

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Taylor Wessing to join flurry of firms in Dublin

Taylor Wessing is to open an office in Dublin, as a swathe of firms expand their footprint in the region. The expansion into Dublin comes after the completion of the Brexit transition period. It is understood the motive was a request from a client in the US for support as they wished to establish operations […]

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Linklaters lures Freshfields PE partner in Paris

Linklaters has hired a corporate partner from Freshfields Bruckhaus Deringer, in a rare magic circle move in Paris. Partner Florent Mazeron has been a corporate partner within its global transactions practice and a member of the global financial investors group for seven years. He focuses on major private equity transactions in relation to both public […]

Gherkin Kirkland

Kirkland associates see target hours soar amid work surge

Associates in the London office of Kirkland & Ellis are seeing expectations around their target hours spike considerably, The Lawyer has learned, as a result of rising workloads. Sources said junior lawyers at the US firm have seen their targets skyrocket. Over the past few months, they have risen from the bonus threshold of 2,000 […]

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