Related briefings

Substratum – What is it and do I need to worry about it?

There has been debate between legal academics and trust practitioners about whether a power holder is prohibited from exercising powers of addition or exclusion of beneficiaries, or other analogous powers, when the proposed change is so significant that it has the effect of changing the basic purpose, or ‘substratum’ of the trust. That is to say, the exercise of trust powers would result in an outcome closer to a fundamental change to the purpose of the trust itself than a simple variation, or addition or exclusion of beneficiaries.

Snapshot: witnessing Powers of Attorney via electronic means in Jersey

Powers of Attorney (PoA) are commonly used in private equity transactions due to the operational efficiencies they can create. In the funds context, one such operational efficiency is often realised in the subscription agreement further to which a PoA is typically granted by each investor in favour of the general partner (or any other nominated party).

Snapshot: distributions under BVI law

BVI business companies are one of the most commonly used offshore vehicles and our expert team frequently advises on distributions by BVI companies. In this snapshot, counsel Marie-Claire Fudge addresses a number of the most common questions asked about distributions.

When is it appropriate to seek ex parte relief in the Cayman Islands?

In Cathay Capital Holdings III, LP v Osiris International Cayman Limited, the Grand Court set out a helpful reminder of the circumstances in which it is appropriate to seek relief on an ex parte basis (ie without notice to the party against whom the relief is sought).

Latest Briefings

Protecting reputation in the spotlight of an investigation

Global business is increasingly familiar with the prospect of short-notice public investigatory attention, whether from regulators, law enforcement, political forces or as a consequence of sanctions, and this can – in in some cases – devastate individual and corporate reputation.

Protecting reputation in the spotlight of an investigation

Despite the fact that the threat of an investigation alone can be enough to paralyse a business, early warning signs are often missed and businesses can mistake an investigation risk for a reputation risk. Those who handle serious issues well are able to triage the issue at an early stage and identify its potential impact, […]

Bill 64 marks a new direction in Quebec privacy law — Key takeaways for businesses

On September 22, 2021, the Quebec government adopted Bill 64, An Act to modernize legislative provisions as regards the protection of personal information, enacting significant changes to the requirements governing the use and protection of personal information under various statutes, including notably the Act respecting the protection of personal information in the private sector and the Act respecting Access to documents held by public bodies and the Protection of personal information.

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Hot 100 career quiz: Ardonagh Group chief counsel Frances Coats

Name: Frances Coats Organisation: The Ardonagh Group Role: Chief Counsel – Corporate & Commercial Trained at: White & Case Year qualified: 2007 Read her Hot 100 profile What’s your most vivid memory from being a trainee? Almost as soon as I’d started my training contract, I was sent to Vienna on a few hours’ notice […]

Northern barristers chambers eyes move to London

Northern-headquartered Exchange Chambers has decided to make the move to London, after announcing a record turnover in the last financial year. The set is firmly established in the North, with offices in Manchester, Liverpool and Leeds but a revenue of £33.1m in 2018/19 has led the chambers to explore opportunities in London. The set has […]

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