Weathering the storm: The Canadian approach to financial regulation

Canada has earned much praise for the soundness of its banking of system, and for good reason. It weathered the financial storm well and has been honored with the World Economic Forum’s top rating for soundness annually since 2008. 

 

Good fences? Cross-border bankruptcy law

“Annual income twenty pounds, annual expenditure nineteen pounds, nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds, nought and six, result misery.”

 

New Court of Appeal decisions

It has been a busy quarter for the Cayman Islands Court of Appeal with two decisions in particular requiring consideration - Weavering and Re Dyxnet.

 

Chapter 15 Update: “I’m in a New York state of mind”

Music legend Billy Joel never could have imagined that his song “New York state of mind” would be used in connection with an article discussing developments in case law interpreting the “Center of Main Interests” in Chapter 15 proceedings for hedge funds.

The Cayman Islands government is undertaking significant and exciting Intellectual Property Law reforms

During the last few months, we have seen significant steps taken by the Cayman Islands Government to reform Cayman’s Intellectual Property (IP) Laws. These...
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Offshore centers introduce substance legislation to stave off EU blacklisting

Jersey, Guernsey, the Isle of Man, Bermuda, the British Virgin Islands, the Bahamas and Cayman have all introduced new legislation late last year requiring...

Cayman: A jurisdiction for foreign exchange expertise

With forecasts playing down the chances of a rapid upturn, issues of liquidity and volatility will continue to play major roles in markets over the coming months. 

The alternative to bankruptcy is not payment, but waste, uncertainty and chaos

The only people who complain about insolvency proceedings more bitterly than creditors . . . are creditors’ lawyers. The recent case of the developer Al-Murjan points to a revival of the bankruptcy law in the United Arab Emirates, and even though that law is not known to be “debtor-friendly”...

How the government monopoly on money imperils the global economy

Detlev Schlichter says that “Today’s mainstream view on money is logically incoherent because it is in fundamental conflict with essential aspects of money and money’s role in a market economy.” 

 

FIN 48 implementation war stories

Having audited captive insurance companies for many years now, most of which fall into the category of being small-or-medium enterprises, I have been witness to the pains that most of these companies have experienced in keeping up with and adopting the numerous changes in accounting standards over the past few years.

A new era for the real estate industry

The digital age The digitalization of the real estate industry is happening just as quickly as in any other industry. Improvements in the transfer of...

Growing appeal of unit trusts in attracting the world’s wealthiest investors

As offshore funds counsel in the Cayman Islands, it may come as no surprise that, for me, 2017 has seen a distinct rise in...
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Feeling the heat

With the summer months now bearing down on the Cayman Islands, temperatures are rising for locals and visitors alike, and finding a cool spot...

Your Cayman bank is not your Cyprus bank: Thanks, Darwin

The Cyprus meltdown earlier this year focused attention on other offshore financial centres with a significant banking industry. The seekers after dominos went on the hunt; which offshore financial centre would cause the next big banking crisis?

 

The Law Market

In England, a motorcyclist was recently sentenced to six months in jail for riding at speeds of up to 122 mph on a half-mile...

Shareholder wind-up of hedge funds: An Overlooked issue

The courts in both the Cayman Islands and the British Virgin Islands have recently handed down a number of judgments focused on the liquidation of hedge funds and the circumstances in which it is just and equitable for funds to be wound up on a petition by one or more shareholders.

A risk manager’s guide to forming a captive

Risk managers are responsible for managing every risk an organisation faces by ensuring the company’s risks are identified and controlled in line with the company’s strategic direction.   

 

Cayman’s tax transparency regime as it currently stands: A practical guide

The Cayman Islands are at the forefront of the global move towards tax transparency and cooperation in international tax matters. Since 2001, the Cayman...

Cayman Islands Stock Exchange – The future for US CLO listings

The onerous regulatory burden placed on US CLO issuers and sponsors in the EU, both from an administrative and legal perspective, combined with the...

Comparison of Canadian and U.S. rules for securities lending

Back to Main Story: Weathering the Storm Canada:B4 advises financial institutions to “ensure that securities lending activities are conducted in a safe and prudent manner” and...
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