Category Archives: Client Advisories

Dealing with shares in a company incorporated in the British Virgin Islands (“BVI”) following the death of the sole shareholder can be a complicated, costly and time consuming processes. To alleviate the difficulties that can arise, you or your client, may wish to consider making a BVI Will.

We summarise below the process by which shares in a BVI Company can transfer following the death of the sole shareholder.

This article discusses a decision handed down by the Cayman Islands Court of Appeal earlier this year, clarifying the purpose and effect of section 99 of the Companies Law (the “Law”) and the principles to be applied in granting validation orders in an important decision.

In a significant judgment delivered on 23 April 2020, the Cayman Islands Court of Appeal allowed an appeal against a 2019 decision of the Grand Court to stay a ‘just and equitable’ winding up petition on the grounds that the subject-matter of the dispute must be referred to arbitration.

Further to a recent decision by the Court of Appeal, the BVI Court now has no jurisdiction to grant free standing freezing injunctions against a BVI company.

This article considers whether Calderbank offers are, in Cayman practice, an effective means of encouraging parties to resolve their disputes and posits that the time has come to introduce a more robust and predictable costs procedure to operate in tandem with Calderbank offers.

This advisory discusses Palladyne International Asset Management B.V. v Upper Brook (A) Limited and others, where an application was made by Palladyne for leave to appeal to the Judicial Committee of the Privy Council.

The requirements for filing of beneficial ownership information for Cayman Islands companies will change with effect from 15 May 2020 in two respects due to international requirements.  These changes are expected to affect a relatively small number of companies.

On 22 January 2020, the Court handed down judgment in the matter of Pacific Fertility Institutes Holding Company Limited v Pacific Fertility Institutes (HK) Holding Company Limited.

The Cayman Islands Government has approved and enacted the Labour (Amendment) Law, 2020 and the Labour (Extension of Severance Pay Period) Regulations, 2020 to assist employers during the Covid-19 pandemic.

The BVI was one of the first territories to put in place a regime to prevent the use of bearer shares. From 1 January 2005 the use of bearer shares has largely been eradicated in the BVI but issues still arise particularly in circumstances where the holder of bearer shares has died or is incapacitated in some way.