Private Client & Offshore Services, Ogier updates

Cayman Islands

Contributed by Ogier
Cayman injunctions in aid of foreign proceedings
  • Cayman Islands
  • 24 September 2020

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 the Cayman Islands, the Cayman court has statutory jurisdiction to grant a freezing injunction in aid of those foreign proceedings, which can extend to the worldwide assets of the defendant.

CIMA releases updated Rule and Statement of Guidance – Cybersecurity for Regulated Entities
  • Cayman Islands
  • 17 September 2020

The Cayman Islands Monetary Authority (CIMA) has updated its Rule and Statement of Guidance – Cybersecurity for Regulated Entities following feedback received during a private sector consultation. The rule, which sets out CIMA's requirements in relation to the management of cybersecurity risks, is a clear and precise directive that creates binding obligations, the breach of which may lead to a fine or regulatory action being taken by CIMA.

Probate practice for non-Cayman domiciliaries
  • Cayman Islands
  • 10 September 2020

When a non-Cayman domiciliary dies owning Cayman assets, such as shares in a Cayman Islands company and interests in Cayman Islands funds, the transmission of such Cayman estate is governed by Cayman Islands law and a grant of representation issued by the Grand Court is usually required. This article deals with the procedures and documentation required to secure a Cayman grant for the estate of a non-Cayman domiciliary and highlights the pitfalls of which practitioners should be mindful.

Restructuring – current state of play
  • Cayman Islands
  • 03 September 2020

At the recent Chambers Economic Forum, the Cayman government announced its intention to bring in a much-anticipated new regime governing corporate restructuring by the end of 2020. Until then, with the COVID-19 pandemic pushing many groups into the zone of insolvency, a number of considerations remain relevant to structures involving a Cayman entity.

Court of Appeal re-examines master-feeder redemption procedures
  • Cayman Islands
  • 20 August 2020

The Court of Appeal recently reiterated the importance of following the natural and ordinary meaning of a fund's articles in order to ensure that redemptions are effective. This is particularly important in the context of a master-feeder fund structure. Although the decision is consistent with longstanding authority, it does highlight the importance of ensuring that the redemption procedures set out in a master fund's articles are strictly adhered to as a matter of practice.


Guernsey

Contributed by Ogier
Guernsey injunctions in aid of foreign proceedings
  • Guernsey
  • 24 September 2020

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 Guernsey company or has assets in Guernsey, the Royal Court has statutory jurisdiction to grant an injunction in aid of those foreign proceedings, including freezing injunctions to prevent defendants dealing with the relevant assets in Guernsey.

Resilience and sustainability in a changed environment
  • Guernsey
  • 03 September 2020

As the world emerges from the COVID-19 pandemic, every industry must take stock and evaluate the changes that are here to stay and the adaptations required to suit the new environment. This article examines the developments in and resilience of Guernsey's funds industry. Notably, it is clear that the government continues to support the funds industry and recognises the importance that private equity and sustainable finance play in the longevity of Guernsey as a financial centre.

Migration of foreign limited partnerships into Guernsey
  • Guernsey
  • 20 August 2020

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. In conjunction with the fast-track process for the licensing of managers, Guernsey now provides an expedient and streamlined process for migrating fund structures into the jurisdiction.

Directors' duties and corporate governance
  • Guernsey
  • 13 August 2020

Directors' duties are the duties owed by executive and non-executive directors to the companies to which they are appointed and are personal to each director. By comparison, corporate governance is the collection of principles and practices surrounding how a company is operated and is the collective responsibility of the board of directors as a whole rather than each individual personally.

Secured lending in Guernsey
  • Guernsey
  • 06 August 2020

Guernsey entities continue to be popular in asset-holding structures and, accordingly, lenders are regularly asked to put in place financing arrangements involving Guernsey entities. This article provides an overview of the mechanism under Guernsey law for the creation and enforcement of security over certain Guernsey-situated assets, such as the shares in a Guernsey company, certain contract rights and monies in a Guernsey bank account.


Jersey

Contributed by Ogier
Jersey expert funds
  • Jersey
  • 24 September 2020

Jersey expert funds were introduced to enhance Jersey's attractiveness as a jurisdiction for the establishment of funds aimed at institutional and high-net-worth investors. Expert funds can be established within a matter of days on the basis of a self-certification approach without any formal regulatory review of the fund or its promoter. There are currently more than 400 authorised expert funds.

Recognition of UK insolvency practitioners in Jersey
  • Jersey
  • 10 September 2020

In the current COVID-19 environment, more businesses will likely become insolvent, some of which will have an interest in Jersey property. Insolvency practitioners appointed outside Jersey in respect of an overseas person or company (or Jersey company subject to English insolvency proceedings) must be recognised in Jersey before they can deal with certain forms of Jersey property. This is because Jersey immoveable property can be transacted only by passing a contract before the Royal Court.

Jersey listed funds
  • Jersey
  • 03 September 2020

The Jersey listed fund regime was introduced for listed closed-ended companies further to the Listed Fund Guide issued by the Jersey Financial Services Commission. The structure, which is modelled on the Jersey expert fund, provides for a fast-track process for the establishment of corporate closed-ended funds that are listed on recognised stock exchanges or markets and regulated pursuant to the Collective Investment Funds (Jersey) Law 1988.

Healthy interest in Jersey private equity
  • Jersey
  • 20 August 2020

In a news cycle that can seem relentlessly gloomy, there are some positive stories to be told and the increased activity in private equity is one of them. This article looks beyond the financial services industry at the wider social and economic benefits of this growth. For instance, private equity is becoming increasingly active in the medical and healthcare sector, which, in turn, has led to a large number of private equity investments in areas such as technology, software and data.

Migration of foreign limited partnerships into Jersey
  • Jersey
  • 30 July 2020

New regulations permit foreign limited partnerships to migrate (ie, continue) into Jersey using the statutory migration process set out in the Limited Partnerships (Continuance) (Jersey) Regulations. The application process for continuance is straightforward and includes the submission of a declaration signed by the general partner of the foreign limited partnership that the partnership meets the eligibility criteria and an application for a consent in respect of the partnership under the Control of Borrowing (Jersey) Order.


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