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Legal Insight – Minority Shareholder Rights under Cayman Islands Law
Insights | 29 March 2019

Legal Insight – Minority Shareholder Rights under Cayman Islands Law

In general, the rights of shareholders of Cayman Islands domiciled companies are governed by the provisions of the Companies Law (2018 Revision) as amended (the “Companies Law”) and the provisions contained in the Memorandum of Association (“Memorandum”) and Articles of Association (“Articles”) of the company. Section 25(3) of…

Using a segregated portfolio company for private equity funds
Insights | 19 February 2019

Using a segregated portfolio company for private equity funds

Could you briefly explain the concept of the Segregated Portfolio Company? Once registered under the Cayman Islands Companies Law, a segregated portfolio company (“SPC”) can operate segregated portfolios (“SPs”) with the benefit of statutory segregation of assets and liabilities between portfolios.

Digital Assets. Five Questions to Ask Your Cayman Counsel
Insights | 22 November 2018

Digital Assets. Five Questions to Ask Your Cayman Counsel

In our guidance note Top Ten Best Practices for an ICO Founders’ Team: A View from the Cayman Islands, ICO founder teams and promoters looking at the Cayman Islands for incorporation of their company or companies were warned that, while the Cayman Islands had flexible pragmatic rules encouraging…

Dissenting shareholders in public M&A in Cayman Islands: recent developments
Insights | 06 August 2018

Dissenting shareholders in public M&A in Cayman Islands: recent developments

The Cayman Islands has been the leading offshore jurisdiction for M&A activity over the last few years, with a steady flow of over US $77 billion in combined value of target companies for 2016 and 2017, and a peak of over US $115 billion in 2015. By way…

Financial Technology Intellectual Property (FinTech IP) Welcome in the Cayman Islands.
Insights | 26 July 2018

Financial Technology Intellectual Property (FinTech IP) Welcome in the Cayman Islands.

Recent years have seen an unprecedented rise of the FinTech industry, i.e. financial technology businesses. According to the World Fintech Report 2017 , more than half of financial services users worldwide do business with at least one non-traditional service provider, while traditional financial services firms are desperately trying…

Incorporate Your Idea. How to Develop Your Intellectual Property in the Cayman Islands
Insights | 26 July 2018

Incorporate Your Idea. How to Develop Your Intellectual Property in the Cayman Islands

The Cayman Islands have taken significant steps in recent years to update and modernize the legal framework with respect to protection of intellectual property (IP). Traditionally, the Cayman Islands patents and trademarks registry only served to extend rights which had previously been registered in the U.K. or the…

Payment of dividends by a Cayman Islands company and what constitutes “profits”
Insights | 05 July 2018

Payment of dividends by a Cayman Islands company and what constitutes “profits”

Cayman Islands holding companies, operating companies, and investment funds structured as companies pay dividends and make other distributions to shareholders and investors all the time, but what are the Cayman Islands’ rules governing the payment of dividends and making of distributions? In the first of our series of…

Director’s Registration
Insights | 01 January 2018

Director’s Registration

Directors who are registered with CIMA in accordance with The Directors Registration and Licensing Law, 2014 (“DRLL”) in connection with being a Director of an entity that is registered with CIMA (e.g. registered Mutual Fund or an investment management or investment advisory entity that has “Excluded Person” status…