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Private Client & Offshore Services

20 June 2019
Nateisha L Anderson-Bain Extinguishment of purchasers' rights – importance of priority in unregistered land systems

Bahamas - Lennox Paton

The Bahamas has an unregistered land system that is based on the conveyancing laws of England and Wales issued before 1925. Therefore, deeds and documents should be recorded in the Registry of Records in The Bahamas as soon as possible. Priority becomes particularly important in high-net-worth commercial and condominium development transactions.

Author: Nateisha L Anderson-Bain
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Keith Robinson Court exercises inherent jurisdiction to appoint protectors

Bermuda - Carey Olsen Bermuda

In a recent case, the Supreme Court delivered an important judgment in which it exercised its inherent supervisory powers over trusts to appoint protectors. The court also reaffirmed the wide breadth of its jurisdiction under Section 47 of the Trustee Act 1975 to grant trustees power to vary trusts when it is satisfied that it is expedient to do so.

Authors: Keith Robinson, Ashley Fife, Cheri Minors
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Tim Clipstone Green finance – a world first and a force for good which also makes economic sense

Guernsey - Ogier

Increasingly stark and startling messages relating to the environment and climate change are now commonplace in the media. That is why it is so refreshing to know that Guernsey is taking a leading role on the world stage and using its strengths to produce a significant positive impact, including through the implementation of the Guernsey Green Fund.

Authors: Tim Clipstone, Andrew Munro
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Emily Haithwaite Update on economic substance rules for Jersey fund managers

Jersey - Ogier

The Taxation Law 2019 has introduced new economic substance requirements which apply to certain Jersey tax-resident companies. The requirements were passed to comply with the EU Code of Conduct Group on Business Taxation for the purpose of demonstrating that the profits generated by Jersey companies which carry on certain specified geographically mobile activities are commensurate with their economic activities and substantial economic presence in Jersey.

Author: Emily Haithwaite
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Joanne Edwards International aspects to a nuptial agreement

United Kingdom - Forsters LLP

When one or both parties to a marriage have a connection with another country in addition to England and Wales, there are international considerations and implications to take into account when considering a nuptial agreement. This could be because of where they live, their domicile or nationality or where their assets are based. Among other things, couples should consider where an agreement should be drawn up and whether an English nuptial agreement will be upheld abroad.

Authors: Joanne Edwards, Rosie Schumm, Amanda Sandys, Simon Blain
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Recent updates

Rachel Richardson Often overlooked competition law aspects of restrictive covenants in contracts

Guernsey - Ogier

Authors: Rachel Richardson, Andrew Munro
Daksha Baxi Family settlements: the panacea to familial disharmony

India - Cyril Amarchand Mangaldas

Authors: Daksha Baxi, Sanjana Rao
Joanne Huckle Q&A on Cayman AML regime: service providers, delegation and risk-based approach

Cayman Islands - Ogier

Author: Joanne Huckle
Christopher Pease Taking charge: Commercial Court delivers judgment on its jurisdiction to grant charging orders

British Virgin Islands - Harneys

Authors: Christopher Pease, Andrew Thorp, Phillip Kite
Laura Shirreffs The role of legislation in environmental protection and the Jersey legal framework

Jersey - Ogier

Author: Laura Shirreffs
James Brockhurst Is it time to consider blockchain-based trusts?

International - Forsters LLP

Author: James Brockhurst
Ramonne Gardiner Register of Beneficial Ownership Act: a new day for beneficial owners

Bahamas - Lennox Paton

Author: Ramonne Gardiner
Pedro Cortés Macau banking and financial services overview: legal update

Macau - Rato, Ling, Lei & Cortés Advogados

Authors: Pedro Cortés, Calvin Tinlop Chui