Latest updates

Administrative fines regime extended
Ogier
  • Private Client & Offshore Services
  • Cayman Islands
  • 06 August 2020

The Monetary Authority (Administrative Fines) (Amendment) Regulations 2020 recently came into force, extending the administrative fines regime beyond breaches of the Anti-money Laundering Regulations to a much broader spectrum of breaches under various Cayman regulatory laws. Of particular interest to Cayman bank licensees will be how breaches of the Banks and Trust Companies Law will be treated under the regulations.

Secured lending in Guernsey
Ogier
  • Private Client & Offshore Services
  • Guernsey
  • 06 August 2020

Guernsey entities continue to be popular in asset-holding structures and, accordingly, lenders are regularly asked to put in place financing arrangements involving Guernsey entities. This article provides an overview of the mechanism under Guernsey law for the creation and enforcement of security over certain Guernsey-situated assets, such as the shares in a Guernsey company, certain contract rights and monies in a Guernsey bank account.

Practical comparison between two of Guernsey's most flexible regulated fund products
Ogier
  • Corporate Finance/M&A
  • Guernsey
  • 05 August 2020

This article provides a practical comparison between two of Guernsey's most flexible regulated fund products: the registered collective investment scheme (registered schemes) and the private investment fund (PIFs). Both registered schemes and PIFs are used across all fund types and asset bases – from private equity funds investing in sustainable energy to hedge funds investing in smart technology.

Migration of foreign limited partnerships into Jersey
Ogier
  • Corporate & Commercial
  • Jersey
  • 03 August 2020

New regulations permit foreign limited partnerships to migrate (ie, continue) into Jersey using the statutory migration process set out in the Limited Partnerships (Continuance) (Jersey) Regulations. The application process for continuance is straightforward and includes the submission of a declaration signed by the general partner of the foreign limited partnership that the partnership meets the eligibility criteria and an application for a consent in respect of the partnership under the Control of Borrowing (Jersey) Order.

Migration of foreign limited partnerships into Jersey
Ogier
  • Private Client & Offshore Services
  • Jersey
  • 30 July 2020

New regulations permit foreign limited partnerships to migrate (ie, continue) into Jersey using the statutory migration process set out in the Limited Partnerships (Continuance) (Jersey) Regulations. The application process for continuance is straightforward and includes the submission of a declaration signed by the general partner of the foreign limited partnership that the partnership meets the eligibility criteria and an application for a consent in respect of the partnership under the Control of Borrowing (Jersey) Order.

Practical comparison between two of Guernsey's most flexible regulated fund products
Ogier
  • Private Client & Offshore Services
  • Guernsey
  • 30 July 2020

This article provides a practical comparison between two of Guernsey's most flexible regulated fund products: the registered collective investment scheme (registered schemes) and the private investment fund (PIFs). Both registered schemes and PIFs are used across all fund types and asset bases – from private equity funds investing in sustainable energy to hedge funds investing in smart technology.

Segregated portfolio companies
  • Insolvency & Restructuring
  • Cayman Islands
  • 24 July 2020

May 2020 marked the 22nd anniversary of the Cayman Islands segregated portfolio company (SPC). This article reflects on the first two decades of the SPC – in particular, the principles established by the courts concerning insolvent SPCs. These cases have posed some interesting and novel questions for the Cayman courts to resolve and the decisions have fleshed out the statutory provisions as regards the status, duties and powers of office holders appointed in connection with SPCs.

Testing times for data privacy
Ogier
  • Tech, Data, Telecoms & Media
  • Jersey
  • 24 July 2020

Data privacy has been high on the 2020 agenda. Its relevance in the context of the COVID-19 pandemic is undoubtedly the bulky portion of an iceberg that skulks beneath troubled socioeconomic waters. With life having changed dramatically, this article reflects on how data issues have been brought to the fore as part of the response to COVID-19.

ODPA announces extension of exemption registration in Guernsey
Ogier
  • Tech, Data, Telecoms & Media
  • Guernsey
  • 24 July 2020

Every controller and processor of data must comply with the Data Protection (Bailiwick of Guernsey) Law 2017. However, certain exemptions mean that there is currently no need for some data controllers or processors to register with the Office of the Data Protection Authority (ODPA). The ODPA has announced that any party which is currently exempt from the legal requirement to register will now continue to be exempt until January 2021.

Testing times for data privacy
Ogier
  • Private Client & Offshore Services
  • Jersey
  • 23 July 2020

Data privacy has been high on the 2020 agenda. Its relevance in the context of the COVID-19 pandemic is undoubtedly the bulky portion of an iceberg that skulks beneath troubled socioeconomic waters. With life having changed dramatically, this article reflects on how data issues have been brought to the fore as part of the response to COVID-19.

Insolvency and restructuring: segregated portfolio companies
Ogier
  • Private Client & Offshore Services
  • Cayman Islands
  • 23 July 2020

May 2020 marked the 22nd anniversary of the Cayman Islands segregated portfolio company (SPC). This article reflects on the first two decades of the SPC – in particular, the principles established by the courts concerning insolvent SPCs. These cases have posed some interesting and novel questions for the Cayman courts to resolve and the decisions have fleshed out the statutory provisions as regards the status, duties and powers of office holders appointed in connection with SPCs.

ODPA announces extension of exemption registration in Guernsey
Ogier
  • Private Client & Offshore Services
  • Guernsey
  • 23 July 2020

Every controller and processor of data must comply with the Data Protection (Bailiwick of Guernsey) Law 2017. However, certain exemptions mean that there is currently no need for some data controllers or processors to register with the Office of the Data Protection Authority (ODPA). The ODPA has announced that any party which is currently exempt from the legal requirement to register will now continue to be exempt until January 2021.

New fast-track licensing regime for managers of overseas collective investment schemes
  • Corporate Finance/M&A
  • Guernsey
  • 22 July 2020

The Guernsey Financial Services Commission recently announced the launch of a new fast-track application regime for managers of overseas collective investment schemes. The intention is to make the process as simple as possible for such managers looking to apply for a Guernsey licence. The regime is available for managers migrating to Guernsey, as well as managers looking to establish a new Guernsey entity.

New regulatory regime for virtual assets
Ogier
  • Banking & Financial Services
  • Cayman Islands
  • 21 July 2020

The Cayman Islands recently introduced a new framework for regulating virtual asset businesses: the Virtual Assets (Service Providers) Law 2020. The law derives from recommendations made by the Financial Action Task Force and provides for the regulation of virtual asset businesses and the registration and licensing of persons which provide virtual asset services. In addition, the government has amended a number of existing laws to extend to virtual assets.

Intermeddling offence: revised guidelines issued
Ogier
  • Private Client & Offshore Services
  • Jersey
  • 16 July 2020

In Jersey, it is a criminal offence to take possession or in any way administer the movable estate of a deceased person before a grant of probate has been obtained (the intermeddling offence). Her Majesty's attorney general is responsible for deciding whether to commence criminal proceedings in Jersey, including for the intermeddling offence. The need to comply with Jersey's probate requirements was underscored by the recent conviction of two financial services firms for intermeddling.

New regulatory regime for virtual assets
Ogier
  • Private Client & Offshore Services
  • Cayman Islands
  • 16 July 2020

The Cayman Islands recently introduced a new framework for regulating virtual asset businesses: the Virtual Assets (Service Providers) Law 2020. The law derives from recommendations made by the Financial Action Task Force and provides for the regulation of virtual asset businesses and the registration and licensing of persons which provide virtual asset services. In addition, the government has amended a number of existing laws to extend to virtual assets.

New fast-track licensing regime for managers of overseas collective investment schemes
Ogier
  • Private Client & Offshore Services
  • Guernsey
  • 16 July 2020

The Guernsey Financial Services Commission recently announced the launch of a new fast-track application regime for managers of overseas collective investment schemes. The intention is to make the process as simple as possible for such managers looking to apply for a Guernsey licence. The regime is available for managers migrating to Guernsey, as well as managers looking to establish a new Guernsey entity.

Bank regulatory update
  • Banking & Financial Services
  • Cayman Islands
  • 14 July 2020

The COVID-19 pandemic has triggered a number of operational and administrative challenges across the global legal and economic landscape. This article summarises some of the latest developments and the key issues relevant to financial institutions with legal and regulatory links to the Cayman Islands, including the validity and enforceability of electronic signatures and the Cayman Islands advisory on anti-money laundering and countering the financing of terrorism compliance.

National risk assessment: implications for businesses
  • White Collar Crime
  • Guernsey
  • 13 July 2020

In January 2020 the Bailiwick published its national risk assessment (NRA), which identifies jurisdiction-wide and systemic risks to which its financial system is deemed particularly vulnerable. Individual specified businesses were initially given until the end of May 2020 to update their business risk assessments in light of the NRA, but some timeframes have been extended in response to the COVID-19 pandemic. This article examines the contents of the NRA and the implications for specified businesses in the Bailiwick.

Incorporating a private company
Ogier
  • Corporate & Commercial
  • Jersey
  • 13 July 2020

This article provides useful guidance on incorporating a private company under Jersey law by summarising the main legal requirements and general principles which apply in this regard (eg, company formation, share capital and continuing requirements), as well as the benefits of using a Jersey company.