Important Update as to Filing of Annual Returns for BVI Companies

BVI Court Appoints Liquidators to Foreign Dissolved Company

Daniel Mitchell

Structured lending for hyperscale data center providers: offshore spvs powering securitisation driven capital solutions

The exponential growth of hyperscale data centers, driven by surging demand for cloud computing, artificial intelligence and digital infrastructure, is reshaping the way these assets are financed. As operators seek to scale rapidly, bank debt funding is moving towards capital markets solutions. Securitisation, particularly in Asia, is emerging as a strategic tool to monetise long-term lease receivables, with offshore SPVs playing a pivotal role in enabling cross-border capital flows.

Shivagar Siva

From Duty to Danger: Director Liability in the Zone of Insolvency

The Court of Appeal of the Eastern Caribbean Supreme Court (British Virgin Islands) (the “BVI Court of Appeal”) in Byers & Others v Chen Ningning[1] (“Byers”) has affirmed and provided important clarification on the extent to which directors may be held personally liable for breaching the “creditor duty”.

Lorinda Peasland, Denise Tse

Acting Without Standing: Risks in Litigation

A recent judgment handed down by Mithani J in the Commercial Division of the High Court, in the Eastern Caribbean Supreme Court in ATH v UGX, THA & Ors provides useful guidance for legal practitioners and estate administrators on the rules regarding the administration of BVI estates and related questions of standing. The parties’ names are anonymised in the judgment to preserve their confidentiality.

Daniel Mitchell, Fay O’Halloran

International Women’s Day 2025 roundtable: Rights. Equality. Empowerment.

As we recognise International Women’s Day 2025, we are reminded that gender equality is not just a vision – it’s a call to action.

Recent Updates on BVI, Cayman and Bermuda laws

Entities incorporated or registered in the British Virgin Islands (BVI), Cayman Islands and Bermuda are frequently utilised in Asia. There have been a number of legislative and regulatory changes coming into force in these jurisdictions at the start of 2025, of which many clients and legal practitioners should be aware and reflect in their strategic, compliance, and financial considerations going forward. This article highlights some of those updates which are of most interest and relevance to Asian clients.

Fiona Chan, Angelina Wong

Fund Finance Laws and Regulations 2025 – BVI

The British Virgin Islands (BVI) fund finance market has seen continued growth during 2024, with increasing numbers of fund formations and general transactional activity. With a sophisticated commercial court for fast-track dispute resolution, international recognition as a well-regulated jurisdiction, a tax-neutral environment and competitive fees for incorporating, launching and maintaining investment funds, the BVI is one of the most popular offshore jurisdictions for fund formation.

Andrew Jowett

Navigating the Future: A 2024 Guide to Fintech Laws and Regulations

Our fintech expert provides a broad overview of the key issues in fintech laws and regulations in the British Virgin Islands (BVI), exploring the evolving fintech landscape, funding challenges, and the regulatory frameworks that shape the industry. It also examines how fintech companies in the BVI navigate various regulatory regimes, the critical role of accessing talent and technology.

Andrew Jowett

A Year in Review – Top 5 Offshore Dispute Issues

Eliot Simpson, Damon Booth, Denise Tse , Ray Leung

Hong Kong Court of Appeal considers the enforceability of Keepwell Deed for the first time

On 10 May 2024 the Hong Kong Court of Appeal handed down its judgment in Nuoxi Capital Limited v. Peking University Founder Group Company Limited CACV 184/20231 . This is the first time that the Court of Appeal has considered the enforceability of “Keepwell” Deeds and while their use has declined since January 2017, their prevalence in certain types of lending renders the decision important.

John McCarroll SC, Eliot Simpson