Latest updates

Financial Services (Disclosure and Provision of Information) (Jersey) Law 202-
Ogier
  • Jersey
  • 29 October 2020

This article looks at the government's introduction of new legislation in relation to beneficial ownership and controlling interests requirements. This new legislation, the Financial Services (Disclosure and Provision of Information) (Jersey) Law 202-, aims to implement in Jersey the requirements set out by the Financial Action Task Force, the intergovernmental body that sets standards for combating money laundering, terrorist financing and other related threats to the integrity of the international financial system.

Guernsey ticks right boxes to attract increasing private equity investment from United States
Ogier
  • Guernsey
  • 29 October 2020

Guernsey ticks all the right boxes when it comes to private equity – both private and listed. Importantly, Guernsey's private equity regime is simple and established, with sensible proportionate regulation which recognises the sophistication of managers and their investors. Guernsey is the ideal gateway to the United Kingdom and the European Union for US managers who continue to make use of private placement regimes in all of the key markets.

Guide to restructuring and corporate recovery
Ogier
  • Cayman Islands
  • 29 October 2020

This article answers FAQs on restructuring and corporate recovery options available in the Cayman Islands, with respect to domestic procedures, cross-border procedures, creditors, avoidance transactions, contributions to liquidation estates and officer liability.

Royal Court demonstrates its ability to assist in administration of foreign trusts
Ogier
  • Jersey
  • 22 October 2020

In a recent decision, the Royal Court considered – for the first time – whether it can exercise a foreign statutory power on the application of a trustee of a foreign trust. The court concluded that it can do so as a matter of principle and went on to exercise an English statutory power so as to permit the trustees of a trust governed by English law to self-deal. The judgment is a welcome one for trustees in two particular respects.

Guernsey companies – an overview
Ogier
  • Guernsey
  • 22 October 2020

The benefits of using a Guernsey company are extremely wide but generally include separate legal identity, limited liability for shareholders and ease of transfer of ownership. These features, coupled with a tax-neutral environment in Guernsey for most companies, enable Guernsey companies to be structured to meet a wide variety of business purposes – from commercial trading and joint ventures to investment holding vehicles.

Snapshot: bringing claims against Cayman entities subject to insolvency processes
Ogier
  • Cayman Islands
  • 22 October 2020

To ensure the orderly and collective resolution of a company's affairs, the Companies Law imposes a moratorium on commencing or proceeding with any suit, action or other proceedings against the company once liquidators are appointed by the court (including on a provisional basis). Once these officeholders are appointed, proceedings can be commenced or proceeded with against the company in question only with the leave of the Grand Court, subject to such terms as the court may impose.

Snapshot: recognition and enforcement of foreign judgments
Ogier
  • Guernsey
  • 15 October 2020

There are two routes for the enforcement of foreign judgments in Guernsey. The statutory method is available only for judgments from certain jurisdictions which can be registered in Guernsey following a specified statutory process. For all other countries, a judgment creditor must rely on common law principles to have a judgment recognised and thereafter enforced in Guernsey.

Q&A: earning residency through business investment
Ogier
  • Cayman Islands
  • 15 October 2020

The Cayman Islands has two residency by business investment programmes: the Certificate of Direct Investment and the Residency Certificate (Substantial Business Presence). This Q&A provides insight into each programme, including whether applicants can eventually apply for a Cayman passport, how many applicants typically apply for residency and the associated costs.

Open dialogue needed to avoid COVID-19 construction disputes
Ogier
  • Jersey
  • 15 October 2020

The potential for disputes in construction projects has risen sharply with the performance and enforcement of contracts directly affected by COVID-19. An open and frank dialogue early on between the parties steered as a form of informal mediation or collaboration can quickly put an end to frustrations and disputes and lead the way for a successful, more cost-effective solution to any dispute that may arise.

Guernsey works for hedge funds
Ogier
  • Guernsey
  • 08 October 2020

This article answers FAQs relating to Guernsey hedge funds. Topics covered include funds regulation, available structures, nexus requirements, the Guernsey Green Fund and registration and authorisation timeframes.

Court of Appeal enforces foreign arbitral award in favour of Brazilian airline
Ogier
  • Cayman Islands
  • 08 October 2020

The Court of Appeal has overturned an earlier decision of the Grand Court, thereby allowing the enforcement of an International Chamber of Commerce arbitral award issued in favour of a Brazilian airline. The decision raises important and difficult issues relating to the enforcement of foreign arbitral awards which are the subject of robust challenge before the courts of supervisory jurisdiction.

Accessible premises and disability discrimination
Ogier
  • Jersey
  • 08 October 2020

Jersey's discrimination legislation was recently extended so that businesses, service providers and those managing and letting premises must take reasonable steps to avoid disadvantaging people with disabilities in relation to the accessibility of their premises. This law change is for the benefit of employees, customers, clients and tenants, but it also means that businesses and premises will be more accessible to the thousands of people in Jersey who have a disability.

Should trustees be worried about global warming?
Ogier
  • Jersey
  • 01 October 2020

Climate change will no doubt continue to be a worldwide concern and will affect everyone. As a forward-thinking jurisdiction, Jersey has been active in sustainable finance for some time. Being a jurisdiction with a wide range of flexible structures and with the knowledge, expertise and international relationships to support them, Jersey is well placed to ensure that settlors and trustees make the right choice to suit an investment outlook bound by climate risk concerns.

Funds regime – why Guernsey?
Ogier
  • Guernsey
  • 01 October 2020

Guernsey is a premier jurisdiction for investment funds and private equity business and its reputation, location, tax-neutral status and innovative approach continue to attract leading investment managers. Under the Protection of Investors (Bailiwick of Guernsey) Law, managers, advisers and administrators must be licensed in order to conduct certain investment business activities in or from within the Bailiwick of Guernsey in relation to most collective investment schemes and other investments.

Update on economic substance
Ogier
  • Cayman Islands
  • 01 October 2020

The Cayman Islands has comprehensive economic substance legislation, under which in-scope entities that carry on particular activities must demonstrate economic substance in the Cayman Islands. The Tax Information Authority, which is responsible for monitoring and enforcing the substance requirements in the Cayman Islands, recently published guidance on economic substance for geographically mobile activities.

Jersey expert funds
Ogier
  • 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.

Cayman injunctions in aid of foreign proceedings
Ogier
  • 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.

Guernsey injunctions in aid of foreign proceedings
Ogier
  • 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.

CIMA releases updated Rule and Statement of Guidance – Cybersecurity for Regulated Entities
Ogier
  • 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.

Recognition of UK insolvency practitioners in Jersey
Ogier
  • 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.