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Private Client & Offshore Services

22 October 2020
Jennifer Fox Snapshot: bringing claims against Cayman entities subject to insolvency processes

Cayman Islands - Ogier

To ensure the orderly and collective resolution of a company's affairs, the Companies Law imposes a moratorium on commencing or proceeding with any suit, action or other proceedings against the company once liquidators are appointed by the court (including on a provisional basis). Once these officeholders are appointed, proceedings can be commenced or proceeded with against the company in question only with the leave of the Grand Court, subject to such terms as the court may impose.

Authors: Jennifer Fox, Sam Keogh
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Michelle Watson Bunn Guernsey companies – an overview

Guernsey - Ogier

The benefits of using a Guernsey company are extremely wide but generally include separate legal identity, limited liability for shareholders and ease of transfer of ownership. These features, coupled with a tax-neutral environment in Guernsey for most companies, enable Guernsey companies to be structured to meet a wide variety of business purposes – from commercial trading and joint ventures to investment holding vehicles.

Authors: Michelle Watson Bunn, William Schofield
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Oliver Passmore Royal Court demonstrates its ability to assist in administration of foreign trusts

Jersey - Ogier

In a recent decision, the Royal Court considered – for the first time – whether it can exercise a foreign statutory power on the application of a trustee of a foreign trust. The court concluded that it can do so as a matter of principle and went on to exercise an English statutory power so as to permit the trustees of a trust governed by English law to self-deal. The judgment is a welcome one for trustees in two particular respects.

Authors: Oliver Passmore, Daniel Maine
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Author: Cline Glidden
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Guernsey - Ogier

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Authors: Pedro Cortés, Calvin Tinlop Chui
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Bahamas - Lennox Paton

Author: Dwight Glinton
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India - Cyril Amarchand Mangaldas

Authors: S R Patnaik, Akshara Shukla, Nikhil Agarwal
Katie Coles Video-witnessed wills: new legislation

United Kingdom - Forsters LLP

Authors: Katie Coles, Fiona Smith