GPs behaving badly: disputes involving Cayman exempted limited partnerships
Private equity managers domicile their closed-ended funds in the Cayman Islands using the exempted limited partnership structure for two main reasons: tax efficiency and the flexibility to define the rights and obligations of the fund’s stakeholders in contract with minimal legislative interference. When it comes time to liquidate or restructure these funds, complications can often arise due to the novel nature of these partnership structures. Recent first instance and appellate decisions in the Cayman Islands have clarified how these partnerships are to be liquidated and restructured. This article summarises those decisions and offers some practical points for how investors can best protect their positions when they invest in these structures.
In a bold move, the Mauritius Revenue Authority has decided on the 20 December 2024 to treat compensation received under a compromise agreement pursuant to Section 16 of the Workers Rights Act as “exempt up to a maximum of Rs 3 million”.
Gifting a home in Bermuda: a review of your options
A home can be gifted to a spouse, or the next generation either during an owner’s life, or as an inheritance. Either way has pros and cons, including stamp duty (tax) considerations.
Bermuda: Americas Restructuring Review 2025
This article discusses the defining features of Bermuda’s insolvency landscape and the primary insolvency and rescue procedures available under Bermuda law, including compulsory liquidations and schemes of arrangements. T
Digital identity services in Bermuda
There is steep demand for the ability to authenticate a person’s identity through the use of a trusted repository of their digital information.
Augmented Advocacy Series (Bermuda): Copyright infringement in the age of AI
Artificial intelligence is revolutionising the way that humans solve problems and create.
In a recent decision, overturning the Cayman Islands Court of Appeal, the Privy Council has provided some welcome certainty in the Cayman Islands regarding the circumstances in which shareholders have standing to bring personal claims against a company to challenge an improper exercise of power by the company’s directors.
When and how to vary a Bermuda contract of employment
A contract of employment is a legal agreement that sets out the terms and conditions of an employee’s work and which, once agreed, cannot be unilaterally altered or varied by either party without the mutual agreement of both the employer and the employee. Under s.6 of the Employment Act 2000, a “statement of employment”, aka a contract of employment, must be provided to all those who meet the statutory definition of employee. An employee is “a person who is employed wholly or mainly in Bermuda for remuneration under a contract of employment” but not someone who is a contractor or who falls into the list of exceptions at s.4(2) of the Employment Act 2000.
Legal 500: A Comparative Guide to International Arbitration
A Legal 500 Guide to Arbitration provides a country specific Q&A overview of international arbitration laws and regulations applicable in the Cayman Islands.
When non-tech companies buy IT
Generally, there are three categories of information technology buyers: non-technology enterprises, non-IT technology companies and IT technology companies. Each category of IT buyer is very different.
Charting New Territory: How England’s Digital Assets Framework Can Guide Cayman Islands Law
The Law Commission of England and Wales’ Supplemental Report entitled “Digital Assets as Personal Property” and the resultant Property (Digital Assets etc) Bill (currently proceeding in the House of Lords) aims to introduce a significant ‘third category’ of personal property, capable of accommodating the complexities and unique nature of digital assets. The Supplemental Report and Bill serve as a valuable point of reference for the Cayman Islands, guiding our approach to digital property rights within an evolving financial landscape. This article will examine how these developments can assist Cayman’s legal framework and market opportunities.
