All posts by campbellslegal

Amendments to the Securities Investment Business Law (2019 Revision)

21 Jun 2019

The SIB Amendment includes a number of amendments to the Securities Investment Business Law (2019 Revision) (SIBL) in response to the Caribbean Financial Action Task Force’s evaluation of Cayman’s anti-money laundering framework and the Cayman Islands Monetary Authority’s (CIMA) review of the Excluded Person regime under SIBL.
The amendments will affect persons who are currently registered with CIMA as Excluded Persons under SIBL and broadens the scope of the regulatory and supervisory framework for persons conducting securities investment business.

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Primeo Fund v HSBC: Cayman Islands Court of Appeal dismisses Primeo’s appeal

13 Jun 2019

In a judgment delivered on 13 June 2019, the Cayman Islands Court of Appeal (“CICA”) dismissed the appeal by Primeo Fund (in Official Liquidation) (“Primeo”), a Madoff feeder fund, against the 2017 judgment of the Grand Court which had dismissed Primeo’s claims valued in excess of US $2 billion against its administrator and custodian, Bank of Bermuda (Cayman) Ltd (“BBCL”) and HSBC Securities Services (Luxembourg) S.A. (“HSSL”).[1] The CICA’s judgment, which runs to 184 pages, addresses numerous issues that will be of interest to funds industry participants.

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Economic Substance Requirements in the British Virgin Islands

28 May 2019

In response to the OECD’s global Base Erosion and Profit Shifting (“BEPS”) initiative and EU Code of Conduct Group substance requirements modelled on BEPS Action 5, the British Virgin Islands (“BVI”) has enacted the Economic Substance (Companies and Limited Partnerships) Act, 2018 (the “ES Law”). Similar legislation has been introduced in numerous jurisdictions, including the Channel Islands and the Cayman Islands. We note that a draft Economic Substance Code to accompany the ES Law was issued on 23 April 2019 by the British Virgin Islands International Tax Authority (“ITA”)  and it is expected that following a period of public consultation a final Economic Substance Code will be published shortly. 

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Update from the BVI Court: free-standing freezing orders and foreign defendants

27 May 2019

Convoy Collateral Limited v (1) Broad Idea International Limited (2) Cho Kwai Chee

In a decision handed down on 17 April 2019, the BVI Commercial Court has given guidance on the scope of its jurisdiction to grant freezing orders in support of foreign proceedings (the so-called Black Swan jurisdiction named after the leading case of Black Swan Investment ISA v Harvest View Limited decided in 2009). In an important decision, Adderley J has held that the BVI Court does not have power to grant a free-standing injunction in aid of foreign proceedings for service outside the jurisdiction on a person who is not resident in the jurisdiction or otherwise subject to the in personam jurisdiction of the BVI Court, notwithstanding the fact that they had considerable assets in the BVI.

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BVI Commercial Court Decision Serves as Bold Reminder of Duties of Full and Frank Disclosure on Ex Parte Applications

22 May 2019

On 9 May 2019, The Honourable Mr Justice Adrian Jack QC (Ag) delivered an oral Judgment in BVI proceedings in the Abyzov/Vekselberg-related litigation. Campbells acts for an independent Cypriot group of parties previously joined as defendants to the Third Ancillary Claim. One of Campbells’ clients, ABC Grandeservus Limited (“ABC”) applied seeking to set aside an Order purportedly made and steps taken by Emmerson International Corporation (“Emmerson”) as a result of an ex parte hearing and Order on 31 December 2018 (the “New Year’s Eve Application”).

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Campbells advises Abraaj Investment Management Limited on sale to Colony Capital

23 Apr 2019

Campbells has advised Abraaj Investment Management Limited (in provisional liquidation) (“AIML”) on its successful sale of the management rights to various Latin America focused private equity funds to Colony Capital Inc. which closed on 17 April 2019. Colony Capital, Inc. is a leading global investment management firm headquartered in Los Angeles with assets under management of $43 billion. The sale follows an extensive sales process following the appointment of provisional liquidators to AIML and its parent company, Abraaj Holdings, in June 2018.

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