Key emerging themes underpinning real estate and the need for high standards of governance

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Back to basics: Getting the fundamentals right in Cayman trusts

By Anthony Partridge How important is it to ask about the client/settlor’s family background? I think this is incredibly important for a number of reasons. As private client lawyers we need to start building a rapport with the client straight away, almost as soon as you meet them. When I meet a client for the […]

Mitigating the risk of trust assets being treated as a resource during divorce: Practical pointers in drafting and administering trusts

By James Campbell Background: It is clear that a well drafted and properly administered trust can be an effective asset protection vehicle in the context of divorce. Broadly the test now applied by the Family Division of England and Wales (the “Family Division“) in relation to trusts is to decide whether the trust should be […]

Establishing a Cayman Islands Open-Ended fund

FORMATION AND STRUCTURING 1 Type of vehicle 1.1 The first step in establishing a Cayman Islands fund is to determine what type of vehicle(s) to use. The choices are (i) an exempted company, (ii) an exempted limited partnership, (iii) a unit trust, or (iv) a limited liability company (LLC). 1.2 There are few Cayman factors […]

Operating a Cayman Islands Open-Ended fund

CAYMAN ISLANDS REGULATORY FRAMEWORK 1 Companies Law 1.1 The Companies Law (Revised) (Companies Law) imposes on Cayman Islands corporate investment funds, whether or not registered under the Mutual Funds Law (Revised) (MF Law), the following obligations: (a) Name – the name of the investment fund, including any dual foreign name, must be displayed outside the […]

Latest Briefings

Restructuring & Insolvency – Chapter Switzerland

By Christoph Stäubli, Dominik Hohler Legislation 1 What main legislation is applicable to insolvencies and reorganisations? In Switzerland, the Debt Collection and Bankruptcy Act of 1889 (DCBA) governs the enforcement of pecuniary claims and claims for the furnishing of security against private individuals and legal entities of private law. In 1994, this Act was partly […]

Conscious uncoupling: When the employee ends the employment relationship

By Esther Wilkins In this article we explore issues for employers to consider when an employee resigns. The world seems full of difficult divorces at the moment. From Brexit to Harry and Megan’s departure from the ranks of senior royalty, delicate negotiations abound. When an employee resigns, this too may require careful navigation as we […]

Is your business prepared for the end of free movement?

By Rachel Harvey The government has set out its vision for new immigration rules which will come into force on 1 January 2021. We set out what these changes are, what it means for your business and how you can prepare for the end of free movement. These changes, which come into force when free […]

Crown preference: How might financiers and borrowers prepare for its return?

By Jon Bew, Andrew Watson With the stated aim of reducing the amount of taxes paid by employees and customers that end up in the hands of other creditors, HMRC are set to have their creditor preference reinstated. In the October 2018 Budget the then-Chancellor introduced a proposal for HMRC to rank as a secondary […]

Naming employers who break National Minimum Wage legislation

By Stuart Lawrenson, Lauren Piesley A review of the proposed changes to and reintroduction of the BEIS Naming Scheme and HMRC’s approach to National Minimum Wage enforcement announced on 12 February 2020. The Department for Business, Energy and Industrial Strategy (BEIS) scheme for naming employers who fail to pay the National Minimum Wage (NMW) was […]

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Leeds Town Hall

DAC Beachcroft to axe roles in UK real estate

DAC Beachcroft has launched a redundancy consultation in its London and Leeds real estate teams, with ten roles at risk. The Lawyer understands the consultation will run for four weeks, with 10 roles at risk at associate and legal director level. This will consist of four roles in DAC’s London-based commercial investment and development (CID) […]

Hogan Lovells

Hogan Lovells selects new GC for international LLP

Hogan Lovells has appointed a new general counsel for its international offices, following the retirement of the former GC from the firm. Litigator Nick Atkins took on the role at the beginning of January from corporate partner Frances Le Grys. Le Grys had been Hogan Lovells’ international GC for nine years, covering its offices outside […]

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Eversheds gears up for hard Brexit with LLP contingency plan

Eversheds Sutherland has put in place plans to change the limited liability partnership (LLP) of its German offices in case of a hard Brexit. If a no-deal outcome is implemented, at the end of the year the firm will switch its German internal structure from an English LLP to a local one if UK LLPs […]

BCLP loses another private client partner

Farrer & Co has boosted its private wealth offering with a hire from Bryan Cave Leighton Paisner (BCLP). Partner Georgina James joins Farrer & Co’s private wealth team after nearly 11 years at BCLP. She advises international families, trustees and family offices on cross-border taxation and estate planning issues. In particular, she has worked with […]

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