Category Archives: Client Advisories

The Port Fund: Limited Partner Joinder and General Partner Interim Receivership

01 Jun 2023

In a judgment delivered on 25 May 2023, the Grand Court of the Cayman Islands ordered the joinder of two plaintiff limited partners of The Port Fund L.P. as defendants to a crossclaim which had been filed against the general partner of the Fund, and appointed interim receivers over the GP to manage litigation related to the GP and the Fund, notwithstanding the GP was in voluntary liquidation.


Cayman Islands Court of Appeal rules on limited partner derivative actions

03 Feb 2023

This advisory discusses the recent judgment of the Cayman Islands Court of Appeal in Kuwait Ports Authority & Ors v. Port Link GP Ltd & Ors, clarifying the test for limited partners in a Cayman Islands exempted limited partnership to bring derivative claims for and on behalf of the ELP pursuant to section 33(3) of the Exempted Limited Partnership Act (2021 Revision).


Sequana: Directors’ Duties and Creditors

05 Oct 2022

The Supreme Court in England in BTI v Sequana [2022] UKSC 25 has clarified when directors owe duties to the company that should take into account creditors’ interests. The decision will be highly persuasive in the Cayman Islands on directors’ duties.


Cayman Islands issues general sanctions licence for funds industry

The issue which the General Licence addresses is where a Designated Person owns more than 50{92e447aa5ae4509d19f58c4a2ed7ec0dbb286610ae15b33d823e9409689b2d4a} of an investment fund which has hitherto meant that the fund is paralysed and all of its assets are frozen. This provides relief from aspects of the financial sanctions imposed in the Cayman Islands by the Russia (Sanctions) (Overseas Territories) Order 2020 (the “Order”).


BVI Virtual Asset Service Providers (VASPs) – New AML Requirements and Legal Framework

16 Sep 2022

With effect from 1 December 2022, all BVI entities that fall within the definition of a virtual asset service provider (a “VASP”), as set out in the recently amended BVI Anti-Money Laundering Regulations (the “AML Regulations”) and Anti-Money Laundering and Terrorist Financing Codes of Practice (the “Code”), will be required to comply in full with BVI anti-money laundering, counter-terrorist financing and anti-proliferation finance legislation (together the “BVI AML Laws”).