Cayman Islands Funds Update: Q2 2020

This briefing provides a summary of a number of recent changes to laws and regulations which have been enacted in the Cayman Islands over the last quarter which impact, or will impact, Cayman Islands funds.

Related briefings

Update on economic substance in the Cayman Islands

Along with its fellow Crown Dependencies and Overseas Territories, the Cayman Islands now has comprehensive economic substance legislation, under which in-scope entities that carry on particular activities are required to demonstrate economic substance in Cayman.

UK Supreme Court offers lessons for landlords of multi-tenanted buildings in Cayman

In the UK, it is common for mutual-enforceability covenants (the nature of such covenants is explained below) to be found in the leases of flats located in apartment blocks. The enforcement of such a covenant was considered by the UK Supreme Court in Duval v 11-13 Randolph Crescent Ltd [2020] UKSC 18. While such mutual-enforceability covenants are (to the best of the author’s knowledge) not used in the Cayman Islands, the decision offers important lessons about leasehold obligations, especially where the same landlord enters into leases with multiple tenants in the same building.

Cayman injunctions in aid of foreign proceedings

Where a potential judgment debtor in “onshore” proceedings threatens to dissipate its assets, the plaintiff may face a Pyrrhic victory with no assets against which to enforce its judgment. Where the defendant is a Cayman company or has assets in Cayman, the Cayman Court has a statutory jurisdiction to grant a freezing injunction in aid of those foreign proceedings, which can extend to the worldwide assets of the defendant.

Migration of foreign limited partnerships into Guernsey

The States of Guernsey has adopted regulations permitting foreign limited partnerships to migrate or continue into Guernsey using the statutory migration process set out in the Limited Partnerships (Guernsey) (Migration) Regulations 2020 (the Regulations).

Latest Briefings

Permission in principle – growth, renewal, protect

The biggest shake up of the planning system since 1947 continues apace with the announcement, on 2 August, of government plans to create an automatic green light for development within specifically designated areas of the country.

Setting aside company transactions involving Jersey, Guernsey and BVI companies

Financial pressure can change perspectives on transactions – whether through the lens of an insolvent winding up, in the context of a counterparty or related interested party exploring ways in which they might unravel a transaction, or a new board considering whether a company can extricate itself from contractual arrangements that appear to have been subject to a conflict of interest or which were for an improper purpose.

Recommended

Hot 100 career quiz: Clifford Chance’s Marianne Toghill

Name: Marianne Toghill Firm: Clifford Chance Role: Head of UK real estate construction Trained at: Clifford Chance Year qualified: 1995 Read her Hot 100 profile What’s your most vivid memory from being a trainee? I remember on pretty much my first day in the firm having 15 minutes to write a presentation on a non-legal […]

Falkland Islands

Falkland Islands Government seeks new head of legal

The Falkland Islands Government is seeking a new head of legal. The role, based in the capital city Stanley, will lead a small team providing legal advice to all areas within the Falklands Island government and the government of South Georgia and the South Sandwich Islands. The team includes the Islands’ prosecution service and child […]

Recruit legal talent

Get your role in front of over 300,000 legal professionals when you advertise with The Lawyer. Our team of experts provide bespoke solutions to help solve all your recruitment challenges.

Find out more