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An ideal location in uncertain times for family offices
Ogier
  • Private Client & Offshore Services
  • Jersey
  • 21 January 2021

The COVID-19 pandemic has raised immediate issues for many wealthy families, notably around tax residency and immigration, but on the flip side it has given wealthy families the opportunity to take stock and consider how they want to be structured and, fundamentally, where they want their family office to be located. This article considers the features which make Jersey attractive for family offices.

A jurisdiction of choice for Canadian HNWIs
Ogier
  • Private Client & Offshore Services
  • Cayman Islands
  • 21 January 2021

Canada is a thriving market for Cayman private wealth services, with the Cayman Islands' full package of wealth structuring and lifestyle factors attracting growing numbers of high-value residents from the north. With direct flights from Toronto, the Cayman Islands are historically known to be a first-class destination for Canadian high-net-worth individuals, who have some familiarity with the Cayman Islands as a British overseas territory and fellow member of the British Commonwealth.

First COVID-19-related employment tribunal judgment
Ogier
  • Employment & Immigration
  • Jersey
  • 20 January 2021

A recent Jersey Employment and Discrimination Tribunal judgment is believed to be the first employment decision relating to the restrictions imposed on businesses due to COVID-19. Although the claimant was unsuccessful in his claim, the tribunal chair expressed sympathy, saying that he was the victim of an unreasonable and unsustainable interpretation by the respondent of a clear and plain term in the government's COVID-19 payroll co-funding scheme.

Snapshot: getting your foreign judgment recognised and enforced
Ogier
  • Litigation
  • Cayman Islands
  • 19 January 2021

Ensuring the effective enforcement of judgments is a crucial aspect of a successful litigation strategy. The Cayman Islands recognises that valid decisions made elsewhere should be as enforceable as domestic judgments. While the statutory regime for registration and enforcement has been extended to only some of the superior courts of Australia and its external territories, the Cayman courts are willing to consider extending assistance to all judgment creditors through the well-trodden common law route.

Not just a rubber stamp: principles for liquidators to get decisions blessed by Royal Court
Ogier
  • Litigation
  • Guernsey
  • 19 January 2021

The Royal Court recently brought an end to an important chapter in a long-running dispute regarding control of the exploration and exploitation of the oil and gas reserves of Georgia. This judgment makes it clear that liquidators can approach the court to approve a significant decision that they have taken to enter into a transaction and that such decision is akin to a Public Trustee v Cooper blessing of a momentous decision in a trusts context.

Not just a rubber stamp: principles for liquidators to get decisions blessed by Royal Court
Ogier
  • Insolvency & Restructuring
  • Guernsey
  • 15 January 2021

The Royal Court recently brought an end to an important chapter in a long-running dispute regarding control of the exploration and exploitation of the oil and gas reserves of Georgia. This judgment makes it clear that liquidators can approach the court to approve a significant decision that they have taken to enter into a transaction and that such decision is akin to a Public Trustee v Cooper blessing of a momentous decision in a trusts context.

Not just a rubber stamp: principles for liquidators to get decisions blessed by Royal Court
Ogier
  • Private Client & Offshore Services
  • Guernsey
  • 14 January 2021

The Royal Court recently brought an end to an important chapter in a long-running dispute regarding control of the exploration and exploitation of the oil and gas reserves of Georgia. This judgment makes it clear that liquidators can approach the court to approve a significant decision that they have taken to enter into a transaction and that such decision is akin to a Public Trustee v Cooper blessing of a momentous decision in a trusts context.

First COVID-19-related employment tribunal judgment
Ogier
  • Private Client & Offshore Services
  • Jersey
  • 14 January 2021

A recent Jersey Employment and Discrimination Tribunal judgment is believed to be the first employment decision relating to the restrictions imposed on businesses due to COVID-19. Although the claimant was unsuccessful in his claim, the tribunal chair expressed sympathy, saying that he was the victim of an unreasonable and unsustainable interpretation by the respondent of a clear and plain term in the government's COVID-19 payroll co-funding scheme.

Snapshot: getting your foreign judgment recognised and enforced
Ogier
  • Private Client & Offshore Services
  • Cayman Islands
  • 14 January 2021

Ensuring the effective enforcement of judgments is a crucial aspect of a successful litigation strategy. The Cayman Islands recognises that valid decisions made elsewhere should be as enforceable as domestic judgments. While the statutory regime for registration and enforcement has been extended to only some of the superior courts of Australia and its external territories, the Cayman courts are willing to consider extending assistance to all judgment creditors through the well-trodden common law route.

Snapshot: private fund registration – what have we learnt?
Ogier
  • Corporate Finance/M&A
  • Cayman Islands
  • 13 January 2021

For the best part of 20 years, private equity sponsors and their global advisers have been attracted by the Cayman Islands' neutrality, efficiency, quality and flexibility – but also by its predictability. So, when the Cayman Islands announced in early 2020 that all Cayman-domiciled closed-ended funds (including private equity and real estate funds) would be required to register with the Cayman Islands Monetary Authority by August 2020, this seemed like a shake-up.

Snapshot: compulsory liquidation
Ogier
  • Insolvency & Restructuring
  • Cayman Islands
  • 08 January 2021

A Cayman Islands company may be wound up either voluntarily according to its articles of association or compulsorily by the Grand Court. This article provides an overview of the compulsory process in the Cayman Islands.

Snapshot: private fund registration – what have we learnt?
Ogier
  • Private Client & Offshore Services
  • Cayman Islands
  • 07 January 2021

For the best part of 20 years, private equity sponsors and their global advisers have been attracted by the Cayman Islands' neutrality, efficiency, quality and flexibility – but also by its predictability. So, when the Cayman Islands announced in early 2020 that all Cayman-domiciled closed-ended funds (including private equity and real estate funds) would be required to register with the Cayman Islands Monetary Authority by August 2020, this seemed like a shake-up.

Jersey – a home for private equity fund managers
Ogier
  • Corporate Finance/M&A
  • Jersey
  • 06 January 2021

Jersey is witnessing a spike in the inflow of private equity fund managers establishing a physical presence on the island. A number of household name fund managers across all asset classes now call Jersey home, with others in advanced stages of planning to follow them into Jersey. What are the principal drivers of this trend?

Jersey – a home for private equity fund managers
Ogier
  • Private Client & Offshore Services
  • Jersey
  • 24 December 2020

Jersey is witnessing a spike in the inflow of private equity fund managers establishing a physical presence on the island. A number of household name fund managers across all asset classes now call Jersey home, with others in advanced stages of planning to follow them into Jersey. What are the principal drivers of this trend?

Snapshot: compulsory liquidation
Ogier
  • Private Client & Offshore Services
  • Cayman Islands
  • 24 December 2020

A Cayman Islands company may be wound up either voluntarily according to its articles of association or compulsorily by the Grand Court. This article provides an overview of the compulsory process in the Cayman Islands.

Disability discrimination: considerations for workplaces, landlords and tenants
Ogier
  • Real Estate
  • Jersey
  • 18 December 2020

Following an amendment to the Discrimination (Jersey) Law 2013 which recently came into force, Jersey's discrimination legislation has been extended so that businesses, service providers and those managing and letting premises must take reasonable steps to avoid disadvantaging people with disabilities in relation to the accessibility of their premises. Avoiding indirect discrimination involves anticipating, and not just reacting to, disadvantages that may be caused to disabled persons.

Disability discrimination: considerations for workplaces, landlords and tenants
Ogier
  • Private Client & Offshore Services
  • Jersey
  • 17 December 2020

Following an amendment to the Discrimination (Jersey) Law 2013 which recently came into force, Jersey's discrimination legislation has been extended so that businesses, service providers and those managing and letting premises must take reasonable steps to avoid disadvantaging people with disabilities in relation to the accessibility of their premises. Avoiding indirect discrimination involves anticipating, and not just reacting to, disadvantages that may be caused to disabled persons.

Vessel registration in the Cayman Islands
Ogier
  • Shipping & Transport
  • Cayman Islands
  • 16 December 2020

The yachting industry, like many other travel-related industries, was initially hit hard by the COVID-19 pandemic. However, there are now signs of recovery in the area of yacht sales and charters and the Cayman Islands continues to be a key player in the vessel registration space in these unprecedented times. This article summarises the registration process and sets out some of the key reasons for registering vessels in the Cayman Islands.

Jersey corporate insolvency procedures
Ogier
  • Insolvency & Restructuring
  • Jersey
  • 11 December 2020

The financial impact of the COVID-19 pandemic has put pressure on a wide range of structures and, as a result, lenders, borrowers and other counterparties are looking more closely at the impact of possible insolvency proceedings. As Jersey entities are often used in cross-border finance transactions, it is important to be aware of the differences between Jersey and English insolvency procedures for companies, trusts and limited partnerships.

Jersey corporate insolvency procedures
Ogier
  • Private Client & Offshore Services
  • Jersey
  • 10 December 2020

The financial impact of the COVID-19 pandemic has put pressure on a wide range of structures and, as a result, lenders, borrowers and other counterparties are looking more closely at the impact of possible insolvency proceedings. As Jersey entities are often used in cross-border finance transactions, it is important to be aware of the differences between Jersey and English insolvency procedures for companies, trusts and limited partnerships.