Recent regulatory changes in Cayman Islands funds regulated under private funds law

The Cayman Islands Monetary Authority (CIMA) has recently issued a number of Rules relating to registered private funds (other than “alternative investment vehicles1” or AIVs) including in respect of the segregation of assets, calculation of net asset value, and contents of marketing materials.

Related briefings

Recognition and Assistance for PRC Insolvency in Hong Kong

Synopsis A recent case in Hong Kong, has demonstrated both the ability and willingness of common law courts to recognise insolvency appointments made by the courts of the People’s Republic of China (‘PRC’), and to grant appropriate assistance at common law. It is to be hoped that this proven track record will pave the way for easier recognition of common law court appointed liquidators in PRC, where, unlike in common law countries, such recognition is subject to the principle of reciprocity.

Cayman Islands Updated Economic Substance Guidance

Version 3.0 of the Cayman Islands guidance notes (“Guidance”) on the Cayman Islands’ economic substance legislation provides additional assistance in interpreting the International Tax Co-operation (Economic Substance) Law (the “ES Law”).

Enforcement of share charges over Cayman Islands aircraft owning SPVs

The aviation industry has been severely impacted by the COVID-19 pandemic. Although flying has now resumed in a limited capacity, airlines which have already been severely weakened by months of enforced inactivity are now facing a long, slow recovery, and for many the worst is not over yet. We have already seen a number of airlines enter into bankruptcy protection, and more are likely to follow over the coming months as passengers and operators adjust to the realities of flying in the post-COVID era. As a result, financiers and lessors are considering their position and looking at ways that they can improve their rights or enforce their security in a default situation. In particular, there has been an increased focus on the security that a financier would typically take over the shares in a Cayman Islands aircraft owning SPV and how, in practice, a financier can enforce their rights under this share security to gain control of an aircraft from a defaulting owner.

Insurers first to be registered under New Bermuda ISAC Act

The first company and incorporated segregated account (ISA) to be registered in Bermuda under the Incorporated Segregated Accounts Company Act 2019 (ISAC Act) have been licensed as insurance companies. Conyers advised on the incorporation of both the ISAC and ISA and their registration as insurers, working closely with the Bermuda Monetary Authority and the Registrar of Companies.

Latest Briefings

What role does HR have in protecting staff in the physical workplace?

An increasing number of businesses are choosing to return to the physical office, whether that be once or twice a week, or full time. Either way, it is vital that employers ensure that the work environment meets the strict health and safety standards necessary in order to avoid outbreaks of COVID-19 amongst staff members. This […]

The end of normal? Law firm survey 2020

Our 2020 law firm survey, developed in association with The Lawyer, reveals many law firms were ill-prepared for the seismic shock from the coronavirus outbreak. The crisis has cast an uncomfortable light on firms with poor financial management or without the necessary technology infrastructure. The pandemic already appears to be widening the gap between law firms, with some now under real pressure.

Covid-19 Update – Coronavirus, domestic abuse and legal action

The difficulties with court listings and the inability to hold hearings in a normal fashion has now been underway for 6 months. The recent guidance set out in ‘The Road Ahead’ shows there is no likelihood of that changing in the near future. This means there has had to be a reconsideration of what delays are acceptable and what reasons are sufficient to delay final decisions being made for children.

The rule of six: Legal obligations on food and drink businesses in England

Whilst we have very quickly become familiar with the “rule of six”, regulations come in to force today placing a further legal obligation on businesses in England that serve food for consumption on the premises to ensure that, save for in limited exceptions, bookings of more than six people are not accepted.

Landlord’s remedies and COVID-19 – has the pendulum swung too far?

As another week draws to a close, in a time when every day seems to bring unexpected – and often unwelcome – news, the landlord community is reeling – albeit perhaps largely in a somewhat unsurprised and resigned fashion. This is due to the latest announcements from the government affecting the commercial landlord and tenant relationship.

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Team from Landmark Chambers prepares to mount A level legal challenge

A trio of barristers from Landmark Chambers are gearing up to lodge a legal challenge against the UK Government in response to the ongoing A level downgrading debacle. Following the announcement of results on Thursday, it was revealed that nearly 40 per cent of A level grades were lower than teachers’ predictions, totalling 280,000, which […]

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