The Port Fund: Privy Council clarifies test for derivative action by a limited partner
04 Nov 2024This decision will be of interest to private equity and other stakeholders familiar with the widely-used Cayman ELP structure.
This decision will be of interest to private equity and other stakeholders familiar with the widely-used Cayman ELP structure.
This brief advisory highlights the latest Amendment to the Cayman Islands trust and estate planning sector, which abolishes the mandatory perpetuity period of 150 years for Cayman law ordinary trusts.
This advisory discusses the Court of Appeal’s judgment, which is of considerable importance to the Cayman Islands’ investment regime, in which ELPs are common structures, particularly for private equity funds.
Every BVI company is required to file with its registered agent an annual financial return within 9 months of either the company’s calendar year or, if the company’s financial year is not a calendar year, the company’s financial year.
The Cayman Islands courts have recently delivered four judgments concerning the law and practice of international arbitration, which is a growing feature of the offshore legal landscape.
On 23 May 2024, The Honourable Justice Parker, in Ascentra Holdings, Inc. (in Official Liquidation) v Ryunosuke Yoshida & Ors) (FSD 300 of 2023), granted an on-notice interim proprietary injunction in favour of the plaintiff company, Ascentra Holdings Inc. (in Official Liquidation), acting by its Joint Official Liquidators, in respect of funds held in various bank accounts in Singapore, Taiwan and the United States.
The purposes of the Amendment Act is to make innovative commercial enhancements to the Companies Act; however, it has been gazetted, but is not yet in force.
Effective early February, the Cayman Islands will be removed from the Financial Action Task Force’s Grey List of jurisdictions.
In a long-awaited and wide-ranging judgment delivered on 15 November 2023, the Judicial Committee of the Privy Council has dismissed the appeal by Primeo Fund against the 2019 dismissal of its appeal to the Cayman Islands Court of Appeal of the dismissal of its claims against two HSBC Group companies by the Grand Court of the Cayman Islands in 2017.
On 27 October 2023, the Financial Action Task Force announced at its plenary in Paris that the Cayman Islands would be removed from its anti-money laundering “grey list” as the FATF has determined that the Cayman Islands AML regime now meets the international standard.