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Clarendon House
2 Church Street
Hamilton, HM 11 Bermuda
Phone: +1 441 295 1422
Fax: +1 441 292 4720
Areas Of Practice
  • Alternative Dispute Resolution (ADR)
  • Bankruptcy
  • Business Organizations
  • Energy & Utilities
  • Finance & Banking
  • Insurance
  • Intellectual Property
  • Litigation
  • Maritime Law
  • Real Estate
  • Securities Law
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other Countries
  • Bermuda
  • British Virgin Islands
  • Cayman Islands
  • Hong Kong
  • Singapore
  • United Kingdom
Number of Attorneys
100+ Attorneys

Successful Defense of Contentious Special General Meeting Dispute: the Nan Hai Judgment

In Ho Kwok Leung Glen, Hau Kai Ling and Ge Jun v Nan Hai Corporation Limited [2024] SC (Bda) 2 Civ, 31 January 2024, the Supreme Court of Bermuda (the “Court”) rejected the Plaintiffs’ application for a declaration that seven…more

Bermuda, Board of Directors, Bylaws, Commercial Litigation, Corporate Restructuring

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英領ヴァージン諸島(BVI)籍投資ファンドとBVI承認マネージャー

本文書では、BVIにおいてファンドが活用できる各種オプションの概要をご紹介いたします。 BVI投資ファンドは、会社、リミテッドパートナーシップまたはユニットトラストのいずれかの形態で組成することができます。BVI会社型ファンドは、オープンエンド型ファンドを設立する際に最も一般的な形態です。クローズドエンド型ファンドは、リミテッドパートナーシップの形態で設立されることが多いです。…more

British Virgin Islands, Business Entities, BVI Business Companies, Cayman Islands, Corporate Governance

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Six Reasons for Investment Fund Managers to Locate in Bermuda

The introduction of economic substance requirements in offshore jurisdictions has sharpened the impetus for investment fund managers to establish a physical office where their funds are incorporated. Here are six good reasons to…more

Bermuda, Economic Substance Doctrine, FATF, Financial Institutions, Fund Managers

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Bermuda’s Economic Investment Residential Certificate

Prior to 31 March 2023 an application could be made for an “Economic Investment Certificate” by non-Bermudian individuals who invested at least BM$2.5 million in the island. The certificate was valid for a five years, after…more

Bermuda, Investment, Non-Residents, Qualified Investment Funds (QIFs), Regulatory Requirements

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Bermuda Public Companies Update, Summer 2024

This edition of the Bermuda Public Companies Update summarises significant transactions involving Bermuda companies listed on the New York Stock Exchange (NYSE) and Nasdaq in the first half of 2024. Global Market Update - The…more

Acquisitions, Bermuda, Capital Markets, Corporate Governance, Global Market

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Bermuda Data Privacy Bulletin

With Data Privacy Day occurring internationally on 28 January, 2024, it seems a good time to issue our Data Privacy Bulletin for 2024. 2023 was an eventful year for the Office of the Privacy Commissioner (PrivCom), and a…more

Bermuda, Chief Privacy Officer, Corporate Governance, Data Privacy, Data Protection

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Private Client & Trust Bulletin – Fall 2021

Welcome to the sixth edition of our Private Client Bulletin, bringing you the latest private client and trust news and insights from Bermuda, the Cayman Islands, BVI and Asia. This edition features articles on offshore trust…more

Asia, Beneficiaries, Bermuda, British Virgin Islands, Cayman Islands

See all updates »

The Effect of Subordination Agreements in the Event of Insolvency

Is it possible for a debtor company to issue debt (such as bonds) and contractually agree for that debt to rank lower in priority than debts owed by a company to other unsecured creditors? This article examines the commercial…more

Bermuda, British Virgin Islands, BVI Business Companies, Cayman Islands, Commercial Litigation

See all updates »

Conyers Coverage Summer 2023 – Issue 9 – Cayman Islands

A warm welcome to our latest edition of Conyers Coverage. It’s been a dizzying year to date for the Cayman Islands (re)insurance industry, so it’s time for some updates and insights. The momentum is real and the pipeline is…more

Acquisitions, AML/CFT, Beneficial Owner, Cayman Islands, CIMA

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Bermuda Data Privacy Bulletin

With Data Privacy Day occurring internationally on 28 January, 2024, it seems a good time to issue our Data Privacy Bulletin for 2024. 2023 was an eventful year for the Office of the Privacy Commissioner (PrivCom), and a…more

Bermuda, Chief Privacy Officer, Corporate Governance, Data Privacy, Data Protection

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Limited Partners’ Extensive Right to True and Full Information

In the Matter of Gulf Investment Corporation et al v The Port Fund LP et al (“Gulf Investment”) and the earlier judgment of Dorsey Ventures Limited v XIO GP Limited (“Dorsey Ventures”), the Cayman Islands Grand Court provided…more

Cayman Islands, Commercial Litigation, Exempted Limited Partnership Law, Investment Firms, Investment Funds

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Shifting Sands: The Future of Offshore Regulatory Disputes (Part 1)

As an evolving area of commercial disputes in the Cayman Islands, global enforcement trends provide us with valuable insight into the types of regulatory proceedings on the horizon for offshore jurisdictions. In this first…more

Cayman Islands, CFTC, Corporate Governance, Dispute Resolution, Enforcement

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Why BVI?

The British Virgin Islands (“BVI”) are home to 361,491 active companies as of 31 December 2023. This article considers the reasons for the BVI’s popularity as a jurisdiction to structure international transactions…more

British Virgin Islands, Business Entities, BVI Business Companies, Corporate Governance, Corporate Taxes

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Bermuda Regulatory Outlook 2023

An old adage says that the only things in life that are certain are death and taxes. We think regulatory changes can surely be added to that list. A number of regulatory updates will affect Bermuda entities this year, and we…more

Beneficial Owner, Bermuda, Code of Conduct, Companies Act, Corporate Governance

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Winding Up Proceedings Prevail: Privy Council Confirms No Stay of Liquidation in Favour of Arbitration

The Privy Council has recently upheld a BVI judgment refusing stay of a winding up petition in favour of arbitration. The recent Sian Participation Corp (In Liquidation) v Halimeda International Ltd1 Privy Council decision…more

Appeals, British Virgin Islands, Business Litigation, BVI Business Companies, Creditors

See all updates »

Private Client & Trust Bulletin – Fall 2021

Welcome to the sixth edition of our Private Client Bulletin, bringing you the latest private client and trust news and insights from Bermuda, the Cayman Islands, BVI and Asia. This edition features articles on offshore trust…more

Asia, Beneficiaries, Bermuda, British Virgin Islands, Cayman Islands

See all updates »

Conyers Coverage November 2022 – Issue 8 – Cayman Islands

A very warm welcome to our eighth edition of Conyers Coverage. As we start to wind down on 2022 #TeamConyers is already reflecting on what a hectic and exciting year it’s been for the Cayman Islands (re)insurance industry –…more

AML/CFT, Beneficial Owner, Cayman Islands, CIMA, Corporate Counsel

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Why Choose Bermuda for Private Clients

Bermuda is a British Overseas Territory with a parliamentary legislature and has been largely self-governing since 1620. It has economic, legal and political stability which attracts international businesses and…more

Bermuda, Corporate Governance, Economic Development, Estate Planning, Family Offices

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Cayman Islands Litigation: Reflecting on the Year 2023

As the Grand Court of the Cayman Islands reopens for 2024, we reflect on 2023 and some of the large-scale cross-border insolvency and restructuring proceedings, and complex commercial disputes dealt with in the jurisdiction over…more

British Virgin Islands, BVI Business Companies, Cayman Islands, CIMA, Commercial Litigation

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Conyers Coverage Issue 11 – Summer 2024

A warm welcome to the Summer edition of Conyers Coverage. The whirlwind that is the Cayman Islands (re)insurance industry continues to blow with gusto! To keep you updated on recent developments, we include various items from…more

AML/CFT, Anti-Money Laundering, Beneficial Owner, Cayman Islands, CIMA

See all updates »

Hidden Assets and Divorce

Disagreements are not uncommon in divorce. If a separation is acrimonious, one spouse may try to deprive the other of their share of assets. In some cases, a party may hide bank accounts or assets as part of an effort to evade…more

Bermuda, Disclosure, Division of Assets, Divorce, Family Law Courts

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Trustee's Duty and Anti-Bartlett Clauses - The Ivanishvilli Redux

Just when trustees are feeling safe to go back into the water after the Hong Kong Court of Final Appeal spoke in Zhang Hong Li v. DBS Bank (Hong Kong) Ltd [2019] along comes Ivanishvilli v. Credit Suisse Trust Ltd [2023] where…more

Asset Management, Breach of Duty, Business Litigation, Corporate Governance, Fiduciary Duty

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Conyers BVI Quarterly Corporate Update – Q2 2023

Welcome to the latest edition of our Quarterly Corporate Update covering recent developments in the British Virgin Islands. Following the flurry of legislative amendments in the latter half of 2022 and Q1 2023, Q2 has been…more

British Virgin Islands, Business Entities, BVI Business Companies, Corporate Governance, Corporate Sales Transactions

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Key Advantages of Using Cayman Islands Exempted Companies

Cayman Islands companies are commonly used in structuring international transactions. The Cayman Islands has also established itself as the jurisdiction of choice for the listed issuers on the Hong Kong Stock Exchange. As at May…more

Acquisitions, Cayman Islands, Companies Act, Cross-Border Transactions, Hong Kong Stock Exchange

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Hard Deadline for Filing 2019 Economic Substance Return Upcoming on 30 April 2021

Relevant entities carrying on all types of relevant activity (except for those carrying on intellectual property business) under the International Tax Co-operation (Economic Substance) Act (2021 Revision) (“ES Act”) with a…more

Cayman Islands, Corporate Taxes, Economic Substance Doctrine, International Tax Issues, Offshore Funds

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Bermuda Insurance Code of Conduct: Conduct of Business and Conflict of Interest Policy Compliance Deadline

Effective 1 September 2022, the Bermuda Monetary Authority (the “BMA”) issued a revised Insurance Code of Conduct (the “Code of Conduct”) which, among other things, expanded the duties, requirements, standards and principles…more

Bermuda, Code of Conduct, Conflicts of Interest, Insurance Acts, Insurance Industry

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Norway Bulletin 2024

We are pleased to bring you the Conyers Norway Bulletin for 2024, in which we highlight developments affecting Bermuda incorporated companies in the Norwegian market over the past year. The Oslo Børs continues to serve as an…more

Acquisitions, Bermuda, Capital Markets, Corporate Governance, Corporate Taxes

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Bermuda Philanthropic Structures Continue to Grow in Popularity

With its well-respected regulatory regime and highly regarded professional services industry, Bermuda continues to be an ideal location for the creation of an international philanthropic or charitable structure. Companies and…more

Bermuda, Companies Act, Corporate Governance, Philanthropy, Professional Services Companies

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Family Wealth Management with Bermuda Trusts

Bermuda is a popular and highly regarded jurisdiction for managing the offshore family assets of wealthy, international families due to several favourable characteristics. As a high-quality international financial centre,…more

Asset Management, Bermuda, Investment, Investors, Jurisdiction

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Conyers Coverage Issue 11 – Summer 2024

A warm welcome to the Summer edition of Conyers Coverage. The whirlwind that is the Cayman Islands (re)insurance industry continues to blow with gusto! To keep you updated on recent developments, we include various items from…more

AML/CFT, Anti-Money Laundering, Beneficial Owner, Cayman Islands, CIMA

See all updates »

Voidable Dispositions under the Conveyancing and Law of Property Act – an Underutilised Tool in the BVI Asset Tracing Toolbox

Voidable dispositions in the BVI are governed by section 81 of the Conveyancing and Law of Property Ordinance. The Act was passed in 1961 and is often overlooked in the heady world of fast-paced litigation where fraudsters need…more

Asset Tracing, British Virgin Islands, Business Litigation, BVI Business Companies, Corporate Governance

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The New Cayman Islands Beneficial Ownership Regime is Now in Force

The Beneficial Ownership Transparency Act, 2023 (the “BOT Act”) is now in force. The BOT Act was gazetted in December 2023 and was brought into force on 31 July 2024 by the BOT Act Commencement Order. The new Beneficial…more

AML/CFT, Anti-Money Laundering, Beneficial Owner, Cayman Islands, CIMA

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Disapplication of the Rule Against Perpetuities Takes Effect in the Cayman Islands

The Perpetuities (Amendment) Act, 2024 (the “Act”) has taken effect in the Cayman Islands, providing for the disapplication of the rule against perpetuities for Cayman Islands ordinary trusts. This legislative development aims…more

Cayman Islands, Charitable Organizations, Financial Regulatory Reform, Legislative Agendas, Rule Against Perpetuities

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Increased Enforcement Actions Regarding Cayman Islands Economic Substance

In 2024, there has been a sharp increase in the number of enforcement actions initiated by the Cayman Islands Tax Information Authority (“TIA”) and fines levied against relevant entities (such as Cayman Islands exempted…more

Cayman Islands, Criminal Penalties, Economic Substance Doctrine, Enforcement, Regulatory Agenda

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In the Matter of the P Trusts: Court Ensures Public Trustee v Cooper Application Does Not Get Hijacked

By means of a category two Public Trustee v Cooper application, in which Jeffrey Elkinson and Britt Smith of Conyers, led by Brian Green KC, acted for the successful plaintiffs, the first plaintiff as trustee, and the second…more

Beneficiaries, Bermuda, Settlement Agreements, Trustees, Trusts

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Cayman Islands improves its FATF technical compliance

The Cayman Islands has further improved its technical compliance with the 40 Financial Action Task Force (FATF) Recommendations relating to anti-money laundering and countering the financing of terrorism (AML/CFT)…more

AML/CFT, Anti-Money Laundering, Beneficial Owner, Cayman Islands, Compliance

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The Effect of Non-Disclosure in Unfair Prejudice Claims

A successful party to a buy-out order made in the course of unfair prejudice proceedings can find themselves in a difficult position, at the hands of an uncooperative respondent. Commonly, the Court will try liability and…more

Appeals, British Virgin Islands, Buy-Out Agreements, Commercial Litigation, Controlling Stockholders

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The Impact of Cayman’s Revised Beneficial Ownership Regime on Trusts and Private Wealth Structures

The Cayman Islands is in the process of implementing fundamental changes to its beneficial ownership regime. Most significantly, these include the removal of exemptions applicable under the previous regime, as well as more…more

Beneficial Owner, Cayman Islands, Compliance, Corporate Structures, Limited Liability Company (LLC)

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Conyers Coverage Issue 11 – Summer 2024

A warm welcome to the Summer edition of Conyers Coverage. The whirlwind that is the Cayman Islands (re)insurance industry continues to blow with gusto! To keep you updated on recent developments, we include various items from…more

AML/CFT, Anti-Money Laundering, Beneficial Owner, Cayman Islands, CIMA

See all updates »

Winding Up Proceedings Prevail: Privy Council Confirms No Stay of Liquidation in Favour of Arbitration

The Privy Council has recently upheld a BVI judgment refusing stay of a winding up petition in favour of arbitration. The recent Sian Participation Corp (In Liquidation) v Halimeda International Ltd1 Privy Council decision…more

Appeals, British Virgin Islands, Business Litigation, BVI Business Companies, Creditors

See all updates »

Ready, Jet, Go!

Despite mounting environmental concerns and political pressure around the use of private jets, the private aviation sector continues to experience strong growth, particularly in the Middle East and Asia. With increasing numbers…more

Asia, Aviation Industry, Beneficiaries, Bermuda, Cayman Islands

See all updates »

Conyers Coverage Issue 11 – Summer 2024

A warm welcome to the Summer edition of Conyers Coverage. The whirlwind that is the Cayman Islands (re)insurance industry continues to blow with gusto! To keep you updated on recent developments, we include various items from…more

AML/CFT, Anti-Money Laundering, Beneficial Owner, Cayman Islands, CIMA

See all updates »

Keeping Options Open – The Growing Demand for BVI Hybrid Funds

Hedge funds and private equity funds were traditionally considered to be two completely different alternative investment classes, but as managers and investors increasingly seek to take advantage of exposure to both asset…more

British Virgin Islands, BVI Business Companies, Hedge Funds, Hybrid Capital Instruments, Investment Funds

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Modified Universalism in the Context of Officeholder Sanction Applications

Russell Crumpler & Christopher Farmer (as Joint Liquidators of Three Arrows Capital Ltd (in Liquidation)) v Three Arrows Capital Ltd (in Liquidation) and BVIHC (Com) 2022/0119 (unreported 26 July 2023) The BVI liquidation of…more

Appeals, Bankruptcy Code, British Virgin Islands, Business Litigation, BVI Business Companies

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CIMA Announces Private Funds Filing Extension

The Cayman Islands Monetary Authority (CIMA) recently announced that the deadline for filing audited accounts and the requisite Annual Return Form (“Form”) in accordance with the Private Funds (Annual Returns) Regulations, 2021…more

Cayman Islands, CIMA, Filing Deadlines, Filing Requirements, Investment Funds

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Successfully Secures Dismissal of Application to Set Aside a Statutory Demand in the British Virgin Islands

On 8 February 2024, the Honourable Mr Justice Paul Webster KC dismissed an application to set aside a statutory demand served on Angola Group Holdings Limited (the “Company”) by Bai Jun Tian Cheng Limited (“Bai Jun”). Conyers…more

British Virgin Islands, Business Litigation, BVI Business Companies, Commercial Contracts, Dismissals

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Insurance Bulletin - Spring 2021

What a year it has been since our last Insurance Bulletin in March 2020. Although the full impact of Covid-19 on the re/insurance industry remains unclear, the need to retain capital to meet potential losses has contributed to a…more

Acquisition Agreements, Bermuda, Cayman Islands, Corporate Sales Transactions, Insurance Regulations

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Conyers Coverage Issue 11 – Summer 2024

A warm welcome to the Summer edition of Conyers Coverage. The whirlwind that is the Cayman Islands (re)insurance industry continues to blow with gusto! To keep you updated on recent developments, we include various items from…more

AML/CFT, Anti-Money Laundering, Beneficial Owner, Cayman Islands, CIMA

See all updates »

Beyond the Betrayal: Navigating Strategies for Victims of APP Fraud

Authorised Push Payment (“APP”) fraud, where victims are tricked into authorising payments to fraudsters, resulted in losses of £485.2m in 2022 and is reported to have risen by 22% in 2023. With consumer protection laws…more

Asset Tracing, Banking Sector, Banks, British Virgin Islands, Business Litigation

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BVI Quarterly Corporate Update Q1 2024

Welcome to the first edition of our Quarterly Corporate Update for 2024 covering recent developments in the British Virgin Islands. The first quarter of 2024 saw continued strong activity in the BVI office. Our corporate…more

British Virgin Islands, Business Entities, BVI Business Companies, Corporate Governance, Incorporation

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Restoration of BVI Companies Struck Off Before 1 January 2023

BVI companies that were struck off prior to 1 January 2023 were automatically dissolved and ceased to exist after 30 June 2023. Any assets held by such companies have now automatically been vested in the Crown. In order to…more

British Virgin Islands, Business Companies Act, Business Litigation, BVI Business Companies, Corporate Dissolution

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Navigating Property Disputes

Boundary disputes typically arise in situations where the apparent physical and legal (or “deeded”) boundaries of properties do not accord with one another leading to one owner asserting ownership and title to property, and use…more

Bermuda, Dispute Resolution, Homeowners, Property Owners, Territorial Disputes

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Bermuda – Economic Substance Declaration Filings – May 2024 Alert

The Economic Substance Act 2018 (the “Act”)1 requires Bermuda-based entities that are carrying on a “relevant activity” in a relevant financial period and entities claiming “non-resident entity” status under the Act to file an…more

Bermuda, Business Entities, Companies Act, Economic Substance Doctrine, Filing Deadlines

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IPO – 2024年のテーマとトレンド

2022年半ばの私共香港オフィスによるバミューダ及びケイマン諸島会社のIPOのテーマとトレンドレビューは、香港とニューヨークの二都市の市場についてでした。2年後の今、香港市場は引き続き、NYSE/Nasdaqの台頭に対して苦戦しています。2024年、アジアに拠点を置く企業のIPOの現状はどうでしょうか?…more

Asia, Bermuda, BVI Business Companies, Capital Markets, Cayman Islands

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Ready, Jet, Go!

Despite mounting environmental concerns and political pressure around the use of private jets, the private aviation sector continues to experience strong growth, particularly in the Middle East and Asia. With increasing numbers…more

Asia, Aviation Industry, Beneficiaries, Bermuda, Cayman Islands

See all updates »

BVI Commercial Court Dismisses Judgment Debtors’ Attempt to Set Aside US$97 Million Judgment

In a recent decision of the BVI Commercial Court, the Honourable Mr Justice Wallbank dismissed an application by the Defendants in King Bun Limited & Ors v Lau Man Sang James & Ors to set aside a previous order granting…more

Asset Tracing, Breach of Duty, British Virgin Islands, Business Litigation, BVI Business Companies

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First Cruise Ship to Homeport in Bermuda

Royal Caribbean International is to homeport a cruise ship in Bermuda in the summer of 2021, which marks the first time the jurisdiction has been homeport for a major cruise line. From 26 June through August, the Vision of the…more

Bermuda, Cruise Ship Passengers, Cruise Ships, Maritime Transport, Ports

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Bermuda – Economic Substance Declaration Filings – May 2024 Alert

The Economic Substance Act 2018 (the “Act”)1 requires Bermuda-based entities that are carrying on a “relevant activity” in a relevant financial period and entities claiming “non-resident entity” status under the Act to file an…more

Bermuda, Business Entities, Companies Act, Economic Substance Doctrine, Filing Deadlines

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Bermuda Economic Substance Declaration Filings—February 2023 Alert

The Economic Substance Act 2018 (the “Act”) requires Bermuda-based entities that are carrying on a “relevant activity” in a relevant financial period and entities claiming “non-resident entity” status under the Act to file an…more

Beneficial Owner, Bermuda, Business Entities, Companies Act, Economic Substance Doctrine

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Draft Rule and Statement of Guidance: Investment Activities for Insurers

The Cayman Islands Monetary Authority (“the Authority”) recently published a Private Sector Consultation Paper with a draft Rule and draft Statement of Guidance on Investment Activities for Insurers (the draft “Rule” and “SOG”)…more

Asset Management, Cayman Islands, IAIS, Investment, Private Sector

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BVI Commercial Court Dismisses Judgment Debtors’ Attempt to Set Aside US$97 Million Judgment

In a recent decision of the BVI Commercial Court, the Honourable Mr Justice Wallbank dismissed an application by the Defendants in King Bun Limited & Ors v Lau Man Sang James & Ors to set aside a previous order granting…more

Asset Tracing, Breach of Duty, British Virgin Islands, Business Litigation, BVI Business Companies

See all updates »

Bermuda Public Companies Update, Summer 2023

This edition of the Bermuda Public Companies Update summarises significant transactions involving Bermuda companies listed on the New York Stock Exchange and Nasdaq during the first half of 2023. Global Market Update…more

Acquisitions, Bermuda, Capital Markets, Corporate Governance, Global Market

See all updates »

Winding Up Proceedings Prevail: Privy Council Confirms No Stay of Liquidation in Favour of Arbitration

The Privy Council has recently upheld a BVI judgment refusing stay of a winding up petition in favour of arbitration. The recent Sian Participation Corp (In Liquidation) v Halimeda International Ltd1 Privy Council decision…more

Appeals, British Virgin Islands, Business Litigation, BVI Business Companies, Creditors

See all updates »

Bermuda Insurance Code of Conduct: Conduct of Business and Conflict of Interest Policy Compliance Deadline

Effective 1 September 2022, the Bermuda Monetary Authority (the “BMA”) issued a revised Insurance Code of Conduct (the “Code of Conduct”) which, among other things, expanded the duties, requirements, standards and principles…more

Bermuda, Code of Conduct, Conflicts of Interest, Insurance Acts, Insurance Industry

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Unveiling Tax Realities: Debunking Myths about the British Virgin Islands

In this review of taxation and the British Virgin Islands, Conyers Corporate Counsel Nicholas Kuria discusses some of the most commonly misunderstood notions relating to the use of offshore jurisdictions, with a focus on the…more

AML/CFT, Beneficial Owner, British Virgin Islands, Business Assets, Capital Gains Tax

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Cayman Court of Appeal Provides Important Guidance on Leave to Appeal to the Privy Council in Re Changyou.com Limited

On 20th December 2022, the Cayman Islands Court of Appeal (“CICA”) delivered its second judgment in the matter of Changyou.com Limited v Fourworld Global Opportunities Fund Ltd & others (“Changyou.com case”). The CICA provided…more

Appeals, Appellate Courts, Cayman Islands, CICA, Companies Act

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Cayman Islands’ Corporate Governance Rule and Internal Controls Guidance and Rule

A reminder that the Cayman Islands Monetary Authority’s (CIMA) new Rule on Corporate Governance for Regulated Entities (Corporate Governance Rule) and Rule and Statement of Guidance on Internal Controls for Regulated Entities…more

Cayman Islands, CIMA, Committee Meetings, Corporate Governance, Deadlines

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Key Advantages of Using Cayman Islands Exempted Companies

Cayman Islands companies are commonly used in structuring international transactions. The Cayman Islands has also established itself as the jurisdiction of choice for the listed issuers on the Hong Kong Stock Exchange. As at May…more

Acquisitions, Cayman Islands, Companies Act, Cross-Border Transactions, Hong Kong Stock Exchange

See all updates »

The Effect of Subordination Agreements in the Event of Insolvency

Is it possible for a debtor company to issue debt (such as bonds) and contractually agree for that debt to rank lower in priority than debts owed by a company to other unsecured creditors? This article examines the commercial…more

Bermuda, British Virgin Islands, BVI Business Companies, Cayman Islands, Commercial Litigation

See all updates »

Disapplication of the Rule Against Perpetuities Takes Effect in the Cayman Islands

The Perpetuities (Amendment) Act, 2024 (the “Act”) has taken effect in the Cayman Islands, providing for the disapplication of the rule against perpetuities for Cayman Islands ordinary trusts. This legislative development aims…more

Cayman Islands, Charitable Organizations, Financial Regulatory Reform, Legislative Agendas, Rule Against Perpetuities

See all updates »

Bermuda Regulatory Outlook 2024

As we enter 2024 the myriad of regulatory changes can appear overwhelming. We are here to help and have set out below some key changes and issues that can impact Bermuda entities. Bermuda has introduced a corporate income tax…more

Anti-Money Laundering, Beneficial Owner, Bermuda, Business Entities, Corporate Governance

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The Case for Captives in the Aviation Industry Is Stronger Than Ever

In Rising insurance premium rates, limited capacity with commercial insurance carriers and a looming global recession made 2022 extremely challenging for aviation insurance buyers. In this environment, the aviation industry…more

Aviation Industry, Bermuda, Captive Insurance Company, Commercial Insurance Policies, Insurance Industry

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Private Client & Trust Bulletin: Fall 2023

Welcome to the festive edition of the Conyers Private Client & Trust Bulletin, where we update on recent matters of interest from our jurisdictions of Bermuda, BVI and the Cayman Islands. This edition combines the practical…more

Beneficial Owner, Beneficiaries, Bermuda, British Virgin Islands, BVI Business Companies

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Piercing the Corporate Veil, or ‘Alter Ego’ liability, in the Cayman Islands, Bermuda, and the British Virgin Islands

Creative attempts to ‘pierce the corporate veil’ sometimes come before the Courts of Bermuda, the British Virgin Islands, and the Cayman Islands. In some cases, an attempt is made to establish personal liability on the part…more

Alter Ego, Bermuda, British Virgin Islands, BVI Business Companies, Cayman Islands

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Norway Practice Bulletin 2021

Welcome to Conyers’ 2021 Norway Practice Bulletin. Our annual publication underscores the importance of the Norwegian market to our Bermuda corporate practice. The 12 months since our last issue have been very different, to…more

Acquisitions, Bermuda, Capital Raising, Coronavirus/COVID-19, Equity Transactions

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New Registration Requirement for Cayman Entities That Own Property in the UK

On 1 August 2022, a new Register of Overseas Entities came into force in the UK pursuant to the Economic Crime (Transparency and Enforcement) Act 2022 (the “ECA”). Overseas entities are entities with legal personality,…more

Beneficial Owner, Business Entities, Cayman Islands, Criminal Prosecution, Failure to Comply

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Bermuda Insurance Code of Conduct: Conduct of Business and Conflict of Interest Policy Compliance Deadline

Effective 1 September 2022, the Bermuda Monetary Authority (the “BMA”) issued a revised Insurance Code of Conduct (the “Code of Conduct”) which, among other things, expanded the duties, requirements, standards and principles…more

Bermuda, Code of Conduct, Conflicts of Interest, Insurance Acts, Insurance Industry

See all updates »

Cayman Islands M&A: on the rise

Many acquisitions, especially privatisations, are structured as a statutory merger, and in this article, we provide a brief overview of Cayman Islands (“Cayman”) mergers and consolidations and the general requirements for each…more

Acquisitions, Borrowers, Capital Markets, Cayman Islands, Corporate Governance

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Conyers Coverage Issue 11 – Summer 2024

A warm welcome to the Summer edition of Conyers Coverage. The whirlwind that is the Cayman Islands (re)insurance industry continues to blow with gusto! To keep you updated on recent developments, we include various items from…more

AML/CFT, Anti-Money Laundering, Beneficial Owner, Cayman Islands, CIMA

See all updates »

Ready, Jet, Go!

Despite mounting environmental concerns and political pressure around the use of private jets, the private aviation sector continues to experience strong growth, particularly in the Middle East and Asia. With increasing numbers…more

Asia, Aviation Industry, Beneficiaries, Bermuda, Cayman Islands

See all updates »

Bestway Global Holdings Inc: A summary of the principles applied when considering sanction applications for schemes of arrangement and capital reductions

In Bestway Global Holdings Inc. (FSD 208 of 2021 – unreported), Doyle J gave a comprehensive and helpful review of the principles to be applied by the Court when considering whether to sanction a scheme of arrangement and…more

Capital Reduction, Cayman Islands, Companies Act, Creditors, International Litigation

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The English Arbitration Act Consultation Paper: A BVI Lens

On 22 September 2022, the Law Commission published a consultation paper (the “Consultation Paper”) on the English Arbitration Act 1996 (the “English Arbitration Act”) which included a number of significant provisional proposals…more

Appeals, Arbitration, Arbitration Agreements, Arbitrators, British Virgin Islands

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Conyers Coverage November 2022 – Issue 8 – Cayman Islands

A very warm welcome to our eighth edition of Conyers Coverage. As we start to wind down on 2022 #TeamConyers is already reflecting on what a hectic and exciting year it’s been for the Cayman Islands (re)insurance industry –…more

AML/CFT, Beneficial Owner, Cayman Islands, CIMA, Corporate Counsel

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Cryptocurrency: the Next Chapter in the Valuation Conundrum

Earlier this week, the Singapore High Court handed down a decision concerning cryptocurrency valuation in the context of assessing damages for breach of contract and made some important observations in the process. The Court…more

Asset Recovery, Breach of Contract, Cayman Islands, Cryptocurrency, Damages

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Conyers Coverage Summer 2023 – Issue 9 – Cayman Islands

A warm welcome to our latest edition of Conyers Coverage. It’s been a dizzying year to date for the Cayman Islands (re)insurance industry, so it’s time for some updates and insights. The momentum is real and the pipeline is…more

Acquisitions, AML/CFT, Beneficial Owner, Cayman Islands, CIMA

See all updates »

No-Fault Legislation Will Reduce Stress, Cost of Divorce

On 2 March 2022, the Senate passed legislation aimed at reducing the stress and cost of obtaining a divorce by introducing “no-fault divorce” to Bermuda. This legislation will be the first of a “raft” of reforms that aim to…more

Bermuda, Divorce, Legislative Agendas, Marriage, New Legislation

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Conyers Coverage Issue 11 – Summer 2024

A warm welcome to the Summer edition of Conyers Coverage. The whirlwind that is the Cayman Islands (re)insurance industry continues to blow with gusto! To keep you updated on recent developments, we include various items from…more

AML/CFT, Anti-Money Laundering, Beneficial Owner, Cayman Islands, CIMA

See all updates »

Captive Insurance in Bermuda

Bermuda is the world’s leading domicile for captive insurance companies, with over 600 active captive licences on its register generating over US$24 billion in gross written premium. Having formed the first modern captive in…more

Bermuda, Captive Insurance Company, Code of Conduct, Commercial Insurance Policies, Economic Substance Doctrine

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Disapplication of the Rule Against Perpetuities Takes Effect in the Cayman Islands

The Perpetuities (Amendment) Act, 2024 (the “Act”) has taken effect in the Cayman Islands, providing for the disapplication of the rule against perpetuities for Cayman Islands ordinary trusts. This legislative development aims…more

Cayman Islands, Charitable Organizations, Financial Regulatory Reform, Legislative Agendas, Rule Against Perpetuities

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Challenges of Taking Security over the Shares of a Licensed Insurer

Our insurance finance practice continues to grow at pace and is now regularly called on by clients to assist on credit facilities being put in place for Cayman licenced insurers. Traditionally the transactions and facilities we…more

Cayman Islands, CIMA, Financial Regulatory Agencies, Insurance Industry, Regulatory Agenda

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Conyers Coverage November 2022 – Issue 8 – Cayman Islands

A very warm welcome to our eighth edition of Conyers Coverage. As we start to wind down on 2022 #TeamConyers is already reflecting on what a hectic and exciting year it’s been for the Cayman Islands (re)insurance industry –…more

AML/CFT, Beneficial Owner, Cayman Islands, CIMA, Corporate Counsel

See all updates »

Directors in the Firing Line

While those running companies may be aware of the numerous management and accounting breaches that can give rise to civil liability, there is generally less recognition of the possibility that breaches can also give rise to…more

Bermuda, Board of Directors, Breach of Duty, BVI Business Companies, Civil Liability

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英領ヴァージン諸島(BVI)籍投資ファンドとBVI承認マネージャー

本文書では、BVIにおいてファンドが活用できる各種オプションの概要をご紹介いたします。 BVI投資ファンドは、会社、リミテッドパートナーシップまたはユニットトラストのいずれかの形態で組成することができます。BVI会社型ファンドは、オープンエンド型ファンドを設立する際に最も一般的な形態です。クローズドエンド型ファンドは、リミテッドパートナーシップの形態で設立されることが多いです。…more

British Virgin Islands, Business Entities, BVI Business Companies, Cayman Islands, Corporate Governance

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Norway Practice Bulletin 2021

Welcome to Conyers’ 2021 Norway Practice Bulletin. Our annual publication underscores the importance of the Norwegian market to our Bermuda corporate practice. The 12 months since our last issue have been very different, to…more

Acquisitions, Bermuda, Capital Raising, Coronavirus/COVID-19, Equity Transactions

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Ten Things You Need To Know About… BVI Economic Substance

The British Virgin Islands (the BVI), along with most other major offshore jurisdictions, has introduced “economic substance” requirements for entities carrying on certain specified activities. This economic substance regime…more

British Virgin Islands, Code of Conduct, Companies Act, Deadlines, Economic Substance Doctrine

See all updates »

Private Client & Trust Bulletin – Fall 2021

Welcome to the sixth edition of our Private Client Bulletin, bringing you the latest private client and trust news and insights from Bermuda, the Cayman Islands, BVI and Asia. This edition features articles on offshore trust…more

Asia, Beneficiaries, Bermuda, British Virgin Islands, Cayman Islands

See all updates »

Captive Insurance in Bermuda

Bermuda is the world’s leading domicile for captive insurance companies, with over 600 active captive licences on its register generating over US$24 billion in gross written premium. Having formed the first modern captive in…more

Bermuda, Captive Insurance Company, Code of Conduct, Commercial Insurance Policies, Economic Substance Doctrine

See all updates »

Why BVI?

The British Virgin Islands (“BVI”) are home to 361,491 active companies as of 31 December 2023. This article considers the reasons for the BVI’s popularity as a jurisdiction to structure international transactions…more

British Virgin Islands, Business Entities, BVI Business Companies, Corporate Governance, Corporate Taxes

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Bermuda – Economic Substance Declaration Filings – May 2024 Alert

The Economic Substance Act 2018 (the “Act”)1 requires Bermuda-based entities that are carrying on a “relevant activity” in a relevant financial period and entities claiming “non-resident entity” status under the Act to file an…more

Bermuda, Business Entities, Companies Act, Economic Substance Doctrine, Filing Deadlines

See all updates »

Cayman Islands Restructuring: Getting Oriented With the New Regime – Part II

On 11 November 2022, Mr Justice Kawaley ordered the first appointment of restructuring officers in Re Oriente Group Limited (FSD 231 of 2022) under the new Cayman Islands restructuring regime, with reserved written reasons to…more

Advertising, Business Litigation, Cayman Islands, Companies Act, Corporate Officers

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Changes to Economic Substance Filing for Entities Carrying on Holding Business

BVI legal entities are required to make an annual economic substance filing. A large number of BVI entities carry on passive holding business. As a result of recent changes to the Economic Substance Guidance Notes, the questions…more

Beneficial Owner, British Virgin Islands, Brokers, Business Entities, BVI Business Companies

See all updates »

Why Choose Bermuda for Private Clients

Bermuda is a British Overseas Territory with a parliamentary legislature and has been largely self-governing since 1620. It has economic, legal and political stability which attracts international businesses and…more

Bermuda, Corporate Governance, Economic Development, Estate Planning, Family Offices

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Bermuda Public Companies Update, Summer 2024

This edition of the Bermuda Public Companies Update summarises significant transactions involving Bermuda companies listed on the New York Stock Exchange (NYSE) and Nasdaq in the first half of 2024. Global Market Update - The…more

Acquisitions, Bermuda, Capital Markets, Corporate Governance, Global Market

See all updates »

Bermuda Corporate Income Tax and the Shipping Income Exclusion

In a landmark move on 27 December 2023 the Bermuda Government took a significant step by adopting the Corporate Income Tax Act 2023 (the “CIT Act”), a pivotal piece of legislation that promises to reshape the island’s financial…more

Bermuda, Capital Markets, Corporate Governance, Corporate Management, Corporate Taxes

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10 Things Lawyers Should Know About BVI Transactions

The British Virgin Islands is one of the world’s leading international financial centres and is well known for its flexible commercial legislation and English-based legal system. BVI companies feature prominently in all types…more

Board of Directors, British Virgin Islands, Business Assets, Business Taxes, Corporate Finance

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Update to the Adler High Court Decision: The UK’s Court of Appeal Overturns the High Court’s Approval of the Adler Restructuring Plan

Following the English High Court’s written reasons for sanctioning the Adler Group restructuring plan on 21 April 2023, the English Court of Appeal has overturned the High Court’s decision and sent a strong message regarding…more

Appeals, Cayman Islands, Commercial Litigation, Corporate Governance, Corporate Restructuring

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BVI Commercial Court Dismisses Judgment Debtors’ Attempt to Set Aside US$97 Million Judgment

In a recent decision of the BVI Commercial Court, the Honourable Mr Justice Wallbank dismissed an application by the Defendants in King Bun Limited & Ors v Lau Man Sang James & Ors to set aside a previous order granting…more

Asset Tracing, Breach of Duty, British Virgin Islands, Business Litigation, BVI Business Companies

See all updates »

Conyers Coverage November 2022 – Issue 8 – Cayman Islands

A very warm welcome to our eighth edition of Conyers Coverage. As we start to wind down on 2022 #TeamConyers is already reflecting on what a hectic and exciting year it’s been for the Cayman Islands (re)insurance industry –…more

AML/CFT, Beneficial Owner, Cayman Islands, CIMA, Corporate Counsel

See all updates »

First Cayman Company IPO and Listing on SGX-ST in Over Four Years

On 18 December, 2020, GHY Culture & Media Holding Co., Limited (GHY) was officially listed on the Mainboard of the Singapore Exchange Securities Trading Limited (SGX-ST), following its successful initial public offering of…more

Capital Markets, Capital Raising, Cayman Islands, Foreign Corporations, Initial Public Offering (IPO)

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The Effect of Non-Disclosure in Unfair Prejudice Claims

A successful party to a buy-out order made in the course of unfair prejudice proceedings can find themselves in a difficult position, at the hands of an uncooperative respondent. Commonly, the Court will try liability and…more

Appeals, British Virgin Islands, Buy-Out Agreements, Commercial Litigation, Controlling Stockholders

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Bermuda’s Economic Investment Residential Certificate

Prior to 31 March 2023 an application could be made for an “Economic Investment Certificate” by non-Bermudian individuals who invested at least BM$2.5 million in the island. The certificate was valid for a five years, after…more

Bermuda, Investment, Non-Residents, Qualified Investment Funds (QIFs), Regulatory Requirements

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In the Matter of the P Trusts: Court Ensures Public Trustee v Cooper Application Does Not Get Hijacked

By means of a category two Public Trustee v Cooper application, in which Jeffrey Elkinson and Britt Smith of Conyers, led by Brian Green KC, acted for the successful plaintiffs, the first plaintiff as trustee, and the second…more

Beneficiaries, Bermuda, Settlement Agreements, Trustees, Trusts

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Offshore SPACs

The resurgence of special purpose acquisition companies (SPACs) as an alternative to traditional IPOs was one of the major talking points of 2020. SPACs enjoyed somewhat of a renaissance in 2020, particularly in the United…more

British Virgin Islands, BVI Business Companies, Cayman Islands, Initial Public Offering (IPO), Interest Rates

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Getting Ready for the Big Day – Keys for Planning a Successful Virtual Trial

British Virgin Islands (“BVI”) companies are widely used as corporate vehicles for joint ventures in Asia, especially at their pre-listing stage. There are over 450,000 active BVI companies set-up by users around the world. From…more

Arbitration, Asia, British Virgin Islands, Business Disputes, Business Litigation

See all updates »

Conyers Coverage Issue 11 – Summer 2024

A warm welcome to the Summer edition of Conyers Coverage. The whirlwind that is the Cayman Islands (re)insurance industry continues to blow with gusto! To keep you updated on recent developments, we include various items from…more

AML/CFT, Anti-Money Laundering, Beneficial Owner, Cayman Islands, CIMA

See all updates »

How to Fail at Service Out: Misleaders Beware Jurisdiction Challenge – BVI Court Sets Aside Ex Parte Service Out Order in US$230 Million Claim

In a recent judgment, which was heavily critical of the claimant bank, the BVI Commercial Court has set aside an order obtained ex parte permitting service on non-BVI resident defendants of a fraud claim out of the jurisdiction…more

British Virgin Islands, BVI Business Companies, Commercial Court, Commercial Litigation, Court-Appointed Receivers

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10 Things You Need to Know About… Utilising a Cayman Islands SPV for Aviation Finance Transactions

Special purpose vehicles (SPVs) are commonly employed in cross-border aviation finance transactions, and can be a particularly useful structuring tool for both owners and financiers. In their most basic form, they offer a way to…more

Aircraft, Aviation Industry, Corporate Counsel, Corporate Governance, Corporate Structures

See all updates »

Bermuda Public Companies Update, Summer 2024

This edition of the Bermuda Public Companies Update summarises significant transactions involving Bermuda companies listed on the New York Stock Exchange (NYSE) and Nasdaq in the first half of 2024. Global Market Update - The…more

Acquisitions, Bermuda, Capital Markets, Corporate Governance, Global Market

See all updates »

Changes to Economic Substance Filing for Entities Carrying on Holding Business

BVI legal entities are required to make an annual economic substance filing. A large number of BVI entities carry on passive holding business. As a result of recent changes to the Economic Substance Guidance Notes, the questions…more

Beneficial Owner, British Virgin Islands, Brokers, Business Entities, BVI Business Companies

See all updates »

Cayman Islands Non-Petition Clauses: Precision Is Paramount

In a very recent judgment in the wake of the Abraaj Group fallout, the Grand Court of the Cayman Islands refused to strike out a just and equitable winding up petition and, in the process, analysed the effect of a purported…more

Business Litigation, Cayman Islands, Companies Act, Corporate Restructuring, Dispute Resolution

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Conyers Coverage Summer 2023 – Issue 9 – Cayman Islands

A warm welcome to our latest edition of Conyers Coverage. It’s been a dizzying year to date for the Cayman Islands (re)insurance industry, so it’s time for some updates and insights. The momentum is real and the pipeline is…more

Acquisitions, AML/CFT, Beneficial Owner, Cayman Islands, CIMA

See all updates »

Shifting Sands: The Future of Offshore Regulatory Disputes (Part 1)

As an evolving area of commercial disputes in the Cayman Islands, global enforcement trends provide us with valuable insight into the types of regulatory proceedings on the horizon for offshore jurisdictions. In this first…more

Cayman Islands, CFTC, Corporate Governance, Dispute Resolution, Enforcement

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Conyers Coverage Summer 2023 – Issue 9 – Cayman Islands

A warm welcome to our latest edition of Conyers Coverage. It’s been a dizzying year to date for the Cayman Islands (re)insurance industry, so it’s time for some updates and insights. The momentum is real and the pipeline is…more

Acquisitions, AML/CFT, Beneficial Owner, Cayman Islands, CIMA

See all updates »

Bermuda – Economic Substance Declaration Filings – May 2024 Alert

The Economic Substance Act 2018 (the “Act”)1 requires Bermuda-based entities that are carrying on a “relevant activity” in a relevant financial period and entities claiming “non-resident entity” status under the Act to file an…more

Bermuda, Business Entities, Companies Act, Economic Substance Doctrine, Filing Deadlines

See all updates »

Piercing the Corporate Veil, or ‘Alter Ego’ liability, in the Cayman Islands, Bermuda, and the British Virgin Islands

Creative attempts to ‘pierce the corporate veil’ sometimes come before the Courts of Bermuda, the British Virgin Islands, and the Cayman Islands. In some cases, an attempt is made to establish personal liability on the part…more

Alter Ego, Bermuda, British Virgin Islands, BVI Business Companies, Cayman Islands

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Conyers Coverage Issue 11 – Summer 2024

A warm welcome to the Summer edition of Conyers Coverage. The whirlwind that is the Cayman Islands (re)insurance industry continues to blow with gusto! To keep you updated on recent developments, we include various items from…more

AML/CFT, Anti-Money Laundering, Beneficial Owner, Cayman Islands, CIMA

See all updates »

BVI Commercial Court Dismisses Judgment Debtors’ Attempt to Set Aside US$97 Million Judgment

In a recent decision of the BVI Commercial Court, the Honourable Mr Justice Wallbank dismissed an application by the Defendants in King Bun Limited & Ors v Lau Man Sang James & Ors to set aside a previous order granting…more

Asset Tracing, Breach of Duty, British Virgin Islands, Business Litigation, BVI Business Companies

See all updates »

Estate in the BVI and other Offshore Jurisdictions: Your Family Business

Many high-net-worth individuals have used companies incorporated in offshore financial centres, such as the British Virgin Islands (“BVI”) to hold their assets and business. When they plan their estate or distribute the estate…more

British Virgin Islands, Business Assets, Estate Planning, Forgery, Fraud

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Bermuda Renews Expedited Actuarial Work Permit Process

The Bermuda Ministry of Economy and Labour has renewed the expedited Actuarial Work Permit process for one year, from 1 August 2023 to 31 July 2024. The initiative has been in place since mid-2022 in response to the ongoing,…more

Actuaries, Bermuda, Employees, Employer Liability Issues, Hiring & Firing

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Paperless Listing Regime and Mandatory Electronic Dissemination of Corporate Communications: Impact on Bermuda, Cayman Islands and British Virgin Islands listed issuers

The Stock Exchange of Hong Kong Limited has recently published conclusions to their consultation launched last December on proposals to expand the paperless listing regime and other Listing Rule amendments. The key proposal to…more

Board of Directors, Compliance, Corporate Governance, Electronic Communications, Hong Kong

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Successful Defense of Contentious Special General Meeting Dispute: the Nan Hai Judgment

In Ho Kwok Leung Glen, Hau Kai Ling and Ge Jun v Nan Hai Corporation Limited [2024] SC (Bda) 2 Civ, 31 January 2024, the Supreme Court of Bermuda (the “Court”) rejected the Plaintiffs’ application for a declaration that seven…more

Bermuda, Board of Directors, Bylaws, Commercial Litigation, Corporate Restructuring

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Companies Re-domiciling to (and from) Bermuda, Cayman and BVI

Bermuda, the Cayman Islands and the British Virgin Islands (BVI) are among the most prominent offshore jurisdictions. All three enjoy a strong global reputation, with modern, business friendly corporate laws and effective…more

Bermuda, British Virgin Islands, Capital Markets, Cayman Islands, Corporate Governance

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A Clever Shortcut? Thoughts on the China Properties Group Case

In the case of Re China Properties Group Limited (in Liquidation) [2023] HKCFI 2346, the Hong Kong Court has shown its commitment to providing assistance to local liquidators appointed by it by asserting in personam jurisdiction…more

Board of Directors, Business Disputes, Business Litigation, BVI Business Companies, Cayman Islands

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