UNLOCKING GROWTH: WHAT CHANGES TO JERSEY PRIVATE FUNDS MEAN FOR PRIVATE CAPITAL
An insight into changes to Jersey Private Funds and what it means for private capital
A timely reminder to update best practice for Jersey Private Funds
Marcus Staff verifies that trusts imposed by law aren’t wagging the voluntary trust dog by cross-checking that principles laid down about constructive trusts in Stevens v Hotel Portfolio II (UKSC) — providing claimants with versatile personal and proprietary enforcement strategies — fit with conventional trust accounting practice.
Cayman Ultimate General Partners in Subscription Facilities: Do They Ultimately Matter?
In subscription finance transactions where the borrower or another pledgor entity (such as a feeder fundor guarantor) is a Delaware limited partnership or a Cayman Islands exempted limited partnership (ELP),the role of the general partner (GP) is well understood and regarded as fundamental to the securitystructure. The GP is the entity that exercises the right to call capital from investors and typically grantssecurity over those rights in connection with the facility.
A Cayman Candle on the Mareva Injunction 50th Birthday Cake
Two recent judgments in the Grand Court of the Cayman Islands show how freezing injunctions are still nimble going into their 50th year and continue to be a powerful and vital tool to preserve assets in the ever evolving commercial landscape of modern offshore litigation.
CRS Compliance and Enforcement in the Cayman Islands – What Are the Enforcement Trends?
Given that the annual statutory CRS reporting deadline of 31 July 2025 has just passed, we would like to provide a timely reminder of the current compliance landscape, enforcement trends and practical considerations under the CRS framework as implemented in the Cayman Islands.
Always show your working: Court of Appeal provides valuable guidance on ‘adequate reasons’
English Court of Appeal sets out key guidance relating to adequacy of court judgments.
Insights from the BMA’s Second Consultation Paper on Digital Identity Service Providers
As jurisdictions around the world grapple with the complexities of authenticating digital identities and the provision of digital identity services, the Bermuda Monetary Authority (BMA) is taking a consultative and forward-looking approach. This approach will help ensure Bermuda’s proposed regulatory framework is fit for purpose.
Insider Dealing: A Review of the Treatment in Mauritius, EU and US Federal law
A review of the treatment in Mauritius, the United States and the European Union of the offence of insider trading confirms the contrasting approaches which these jurisdictions have adopted on the issue even though all three jurisdictions share two fundamental concerns namely, (i) the prohibition on an insider to take an unfair advantage by reason of information which he has obtained to the detriment of third parties who are unaware of such information and, (ii) the protection of the integrity of financial markets and investor confidence ¹.
Navigating Cayman Islands Investment Funds: 10 Key FAQs for Emerging Managers
Cayman Islands investment fund lawyers advise global clients around the world with respect to the formation, operation, and wind-down of Cayman Islands investment funds. In doing so, we regularly counsel managers on structuring new funds and their ongoing operations. The Cayman Islands remains the premier jurisdiction for establishing offshore investment funds, offering flexible structuring options, tax neutrality, and a sophisticated legal framework grounded in English common law. This article addresses ten frequently asked questions (FAQs) emerging managers commonly pose when dealing with Cayman Islands investment funds. These FAQs provide practical guidance on topics ranging from registration to fund liquidation and compliance with ongoing requirements of the Cayman Islands Monetary Authority (CIMA).
