Preparing for a Cayman Islands Monetary Authority Inspection
One of the most common ways in which CIMA assesses compliance with its regulatory framework is through inspections. CIMA conducts various forms of inspections ranging from AML-CFT specific inspections, prudential inspections and themed inspections. CIMA’s themed inspections focus on specific topics such as corporate governance, cybersecurity and outsourcing, (as opposed to a specific sector e.g., banking, insurance). Feedback from CIMA’s themed inspections is generally published on CIMA’s website in the form of a report setting out the key themes identified, good practices and bad practices. Themed inspections are useful reminders of CIMA’s regulatory expectations on specific topics.
Whilst the recent decision of Segal J in the Grand Court in relation to access to the Court file is welcome confirmation of the Cayman Court’s commitment to the general principles of open justice, it gives rise to uncertainty as to the scope of the documents to which the right to access the Court File applies, as it conflicts with previous decisions of the Grand Court. This uncertainty is unwelcome, and gives rise to a need for caution on the part of practitioners. A further decision clarifying the law in this area would be beneficial to the jurisdiction.
Segregated portfolio companies in the Cayman Islands
This guide is a summary of the law and procedures relating to segregated portfolio companies in the Cayman Islands. It outlines how to establish and register a Cayman Islands segregated portfolio company, otherwise known as a Cayman SPC, and what they might be used for.
Important Update as to Filing of Annual Returns for BVI Companies
The deadline for the first filing of annual returns by companies incorporated or registered in the British Virgin Islands (BVI) is this Monday 30 September 2024.
Knowledge is key: Accessory Liability for a Strict Liability Offence Clarified
Why the UK Supreme Court’s clarification in Lifestyle Equities of accessory liability of directors for company wrongs is essential reading for Cayman office holders
Private Wealth and Private Client: Bermuda
In-Depth: Private Wealth and Private Client (formerly The Private Wealth & Private Client Review) provides an incisive global overview of the key legal and practical issues affecting the management of private client wealth. With a focus on recent developments, it examines the most consequential features of the regimes governing tax, succession and wealth structuring across major jurisdictions worldwide.
Augmented Advocacy Series (Bermuda): The Practice of Law in the Age of AI
As the world enters the age of artificial intelligence, the legal profession is once again faced with balancing two crucial elements of the administration of justice: efficiency v effectiveness.
Registration of foreign lasting or enduring powers of attorney in Guernsey
What does a Guernsey Service Provider need to do before they can rely on a foreign lasting or enduring power of attorney in relation to their non-Guernsey based client’s instructions?
The Hon, Justice Parker delivered an informative judgment, providing helpful guidance in the areas of: (i) full and frank disclosure; (ii) service out of the jurisdiction and forum conveniens; (iii) substituted service; and (iv) abuse of process.
It is very common for shareholders of a company to seek information on the affairs of the company. Additionally, unsecured creditors of a company often lack information about the company as well as its financial status, hindering their ability to assess available assets, existence of other creditors and in turn the feasibility of commencing proceedings. This article aims to provide an overview on access to Company information for shareholders and creditors of a Cayman incorporated company.
Exempted limited partnerships in the Cayman Islands
This overview is a summary of the law and procedures relating to the registration and operation of a Cayman Islands exempted limited partnership. Perhaps most popular for their use as alternative investment funds and private equity vehicles, the Cayman exempted limited partnership has a place in many kinds of businesses and offshore structures.