Gavel and block on a table with a name plate in front with 'Insolvency' written on it.

The need for an insolvency fail-safe in Cayman

Directors of Cayman companies owe fiduciary duties to the company to act in the interests of the company as a whole. When the company...
Reading glasses and a pen sitting on top of a disclosure agreement.

Denying disclosure to beneficiaries

We are all familiar with the core principle of trust law that a trustee must account to its beneficiaries for its administration of the...

Beneficial ownership reporting in the United States?

The 115th Congress is seriously considering imposing a beneficial ownership reporting regime on American businesses and other entities, including charities and religious congregations. Two...

Holographic wills

I have written often about the remarkable level of innovation and change that has occurred in the world over the last 30 or so...
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Staying a step ahead: A new wealth structuring forum for Cayman

Demonstrating that the Cayman Islands is a well-regulated, innovative, and sophisticated international financial center is the responsibility of everyone who is engaged in the...

The Non-Profit Organisations Law, 2017

This year has been a busy year, not only for legislators, but also for trusts and private client practitioners. While a great deal has...

Why Cayman Islands Trustees need to care about UK tax – December 2017

1 U.K. tax obligations of people connected to trusts Part 1 of this article, appearing in last quarter’s Cayman Financial Review, looked at the main...

Crypto: The need to know

If the answer to the question “how does the Cayman Islands treat crypto-currency or digital tokens?” is still “we have not decided,” there may...

Will the trust revolution make lawyers redundant?

What differentiates modern economies such as those of present-day Europe and North America from their primitive ancestors of 500 years ago? People living today...

Semantic traps in tax policy

Tax avoidance. Aggressive tax planning. Harmful taxation. Treaty shopping. Rule Shopping. Law Shopping. Abuse of tax treaty. Abuse of tax law. Secrecy jurisdictions. Black...

Category Five

Still reeling from the passage of the “Spanish Ladies” in September, the catastrophic hurricanes Irma and Maria, the Island nations of the Caribbean are,...

The Multilateral Instrument: Can the OECD improve international tax treaties?

Since the inception of the Base Erosion and Profit Shifting (BEPS) initiative, the Organisation for Economic Co-operation and Development has sought a means of...

OECD Watch

The Organisation for Economic Co-operation and Development (OECD) has gradually carved for itself a central role in global tax matters over the last two...

Compulsory public country-by-country reporting and CCCTB – harbingers of total tax harmonization in Europe

In issue 47 of the Cayman Financial Review I have illustrated how the misuse of country-by-country (CbC)-type data facilitates the publication of misleading tax...

European Union targets finance centers – again

The European Union is drawing up a “blacklist” of “tax havens” and is proposing measures for its member governments to use to attack them.This...
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Substance over form: the sine qua non of international tax planning in the age...

In October 2015, the Organisation for Economic Co-operation and Development (OECD) issued its report on its BEPS Project titled: OECD/G20 Base Erosion and Profit...

Varying the terms of a trust in the Cayman Islands

I took part in a telephone interview recently for a legal directory, in the course of which the question came up, as it does...

Why Cayman Islands trustees need to care about UK tax

Tax is a tricky subject at the best of times. Whilst it is difficult to get accurate figures, some estimates of the length of...

Known to me

Unfortunately, being a man or woman of your word is not an acceptable regulatory standard for compliance. Gone are the days when it was acceptable...

Behind the SEC’s enforcement statistics: Does the U.S. securities regulator misreport its own performance?

Most countries require all companies incorporated in the jurisdiction to prepare an annual report and share it with their shareholders and usually one or...