Legal Insights

The recent Privy Council ruling in Tianrui (International) Holding Company Ltd v China Shanshui Cement Group Ltd [2024] UKPC 36 has significant implications for Cayman Islands company law, insofar as the judgment clarifies critical principles governing derivative actions and the rights of shareholders (including minority shareholders) to bring…

The protection of intellectual property (IP) rights in the Cayman Islands and in the British Virgin Islands (BVI) depends on the type of IP right (e.g. trademarks, patents and designs). The Cayman Islands and the BVI are British Overseas Territories and so the nature of IP protection in…

The British Virgin Islands (“BVI”) is a very user-friendly jurisdiction for enforcing foreign judgments and arbitral awards.

It has become increasingly popular in recent years for venture capital (VC) and private equity (PE) firms to set up exempted companies limited by shares in the Cayman Islands for the purposes of pre-IPO equity financing rounds.

Corporate governance in the Cayman Islands primarily follows international standards and best practices, influenced by various factors including legal frameworks, regulatory bodies like the Cayman Islands Monetary Authority (“CIMA”), and market expectations.

Open-Ended Funds – The Mutual Funds Act (for open-ended funds) and the Private Funds Act (for closed-ended funds) are the two main statutes relevant to the regulation of investment funds in the Cayman Islands. The Cayman Islands Monetary Authority (“CIMA”) is the regulatory body responsible for compliance with…

In certain circumstances, the liquidator of a British Virgin Islands (“BVI”) company may be able to set aside certain transactions which took place in the lead up to the company’s liquidation. It is important for those concerned with the affairs of a BVI company that they are aware…

All shareholders of a company incorporated in the British Virgin Islands (“BVI”) have certain rights and protections. However, the imbalance of voting powers within a company can result in the controlling majority conducting the affairs of the company in a manner that is prejudicial to the rights of…