Transaction Avoidance in Offshore Jurisdictions

Author(s):  
James Ayliffe ◽  
Shivji Sharif ◽  
Guy Olliff-Cooper

For regulatory and tax reasons, many businesses now choose to incorporate at least part of their corporate structure in offshore jurisdictions. Many of these jurisdictions have strong historical links to England, which is reflected in their legislation and in their adherence to the common law. Leading examples include the Crown Dependencies of Jersey and Guernsey and the Overseas British Territories of Bermuda, the British Virgin Islands, and the Cayman Islands.

Author(s):  
Arabella di Iorio

The legal system of the British Virgin Islands is a common law system based on the English model, comprising statute law and binding case precedents. The principles of English common law and equity apply in the BVI (subject to modification by BVI statutes) pursuant to the Common Law (Declaration of Application) Act (Cap 13) and the Eastern Caribbean Supreme Court (Virgin Islands) Act (Cap 80) respectively. The general principles of trust law are based on English law.


Author(s):  

Abstract A new distribution map is provided for Paracoccus marginatus Williams & Granara de Willink Hemiptera: Coccoidea: Pseudococcidae Feeds on many hosts but prefers cassava (Manihot esculenta) and pawpaw (Carica papaya). Information is given on the geographical distribution in NORTH AMERICA, Mexico, USA, Florida, CENTRAL AMERICA & CARIBBEAN, Antigua and Barbuda, Barbados, Belize, British Virgin Islands, Cayman Islands, Costa Rica, Cuba, Dominican Republic, Guadeloupe, Guatemala, Haiti, Montserrat, Netherlands Antilles, Puerto Rico, St Barthelemy, St Kitts-Nevis, United States Virgin Islands.


Author(s):  

Abstract A new distribution map is provided for Phenacoccus parvus Morrison. Hemiptera: Pseudococcidae. Hosts: polyphagous. Information is given on the geographical distribution in Asia (China, Hong Kong, Yunnan, India, Karnataka, Meghalaya, Odisha, Indonesia, Sumatra, Israel, Japan, Maldives, Singapore, Taiwan, Thailand), Africa (Congo, Egypt, Gabon, Mauritius, Reunion, Senegal, Seychelles), North America (Mexico, USA, Florida), Central America and Caribbean (Antigua and Barbuda, Bahamas, Barbados, Belize, Bermuda, British Virgin Islands, Cayman Islands, Costa Rica, Cuba, Dominica, Guadeloupe, Martinique, Nicaragua, Panama, Puerto Rico, St. Kitts-Nevis, St. Lucia, St. Vincent and Grenadines, Trinidad and Tobago, United States Virgin Islands), South America (Argentina, Brazil, Chile, French Guiana, Galapagos Islands, Guyana, Paraguay, Suriname, Uruguay) and Oceania (Australia, Queensland, Cook Islands, Fiji, New Caledonia, Samoa, Vanuatu, Wallis and Futuna Islands).


Author(s):  

Abstract A new distribution map is provided for Nipaecoccus nipae (Maskell) Hemiptera: Coccoidea: Pseudococcidae Hosts: Avocado (Persea americana), guava (Psidium guajava), palms and many other hosts. Information is given on the geographical distribution in EUROPE, Austria, Belgium, Czechoslovakia (former), France, Hungary, Italy, Poland, Portugal, Madeira, Russia, Central Russia, Spain, Canary Islands, UK, ASIA, China, Fujian, Guangxi, Hainan, Republic of Georgia, Indonesia, Java, Korea Republic, Turkey, AFRICA, Algeria, Madagascar, Morocco, South Africa, Zimbabwe, NORTH AMERICA, Mexico, USA, California, Florida, Hawaii, Louisiana, CENTRAL AMERICA & CARIBBEAN, Antigua and Barbuda, Bahamas, Barbados, Belize, Bermuda, British Virgin Islands, Cayman Islands, Costa Rica, Cuba, Dominica, Dominican Republic, El Salvador, Grenada, Guadeloupe, Guatemala, Jamaica, Nicaragua, Panama, Puerto, Rico, St Kitts-Nevis, St Lucia, St Vincent and Grenadines, Trinidad and Tobago, United States Virgin Islands, SOUTH AMERICA, Argentina, Brazil, Parana, Rio de Janeiro, Sao Paulo, Colombia, Ecuador, Guyana, Peru, Suriname, Venezuela, OCEANIA, Fed. States of Micronesia, Guam, Samoa.


1989 ◽  
Vol 31 (3) ◽  
pp. 117-140 ◽  
Author(s):  
Tony Thorndike

Robert F. Kennedy's observation that “progress is a nice word..but change is its motivator and change has its enemies,” could have been made for the remaining six, all physically small, British dependent territories in the Caribbean: Anguilla, Bermuda, British Virgin Islands (BVI), Cayman Islands, Montserrat, and the Turks and Caicos Islands (TCI). The persistent refusal by the majority of their respective peoples to consider independence, despite, in some of the territories, its propagation by political leaders and its blandishment — at least until recently — by the British, seems an anachronism.


2002 ◽  
Vol 6 (2) ◽  
pp. 176-198 ◽  
Author(s):  
Paul Matthews

The Common Law rules of private international law on the capacity of a person to create a trust are peculiarly difficult to ascertain. It is submitted that, despite the claims of other candidates (such as the proper law of the trust, the law of the situs of the trust assets, and even the settlor's nationality), the law of the settlor's domicile should govern capacity of the settlor (i) to make a contract to create a trust, (ii) to transfer ownership of moveable property to the trustee, and (in) to impose the trust obligation on the trustee. Capacity of the settlor to transfer immovables to the trustee is, however, governed by the lex situs. Some offshore trust jurisdictions have enacted special rules relating to capacity to create a trust. Two main models may be distinguished, that of Jersey and that of the Cayman Islands. These rules were mainly designed to deal with a quite different problem, namely that of the settlor whose personal law includes rules on the protection of family wealth, such as so-called “forced heirship”". Whether the offshore rules actually succeed in avoiding the problem is, however, open to doubt in some cases.


2020 ◽  
Vol 21 (4) ◽  
pp. 255-262
Author(s):  
Kate Hodson ◽  
Alan Wong ◽  
Simon Schilder

Purpose To introduce, compare and contrast the new regulatory regimes for closed-ended funds recently enacted in the Cayman Islands and the British Virgin Islands (BVI). Design/methodology/approach Explores similarities and differences between the two regimes, as well as practical implications for fund managers, with respect to (1) the regulatory frameworks governing the funds; (2) the definitions of the types of funds covered by the regulations; (3) registration requirements and associated timing; (4) operating requirements, including responsibilities for portfolio management, valuation and safekeeping of fund property; the number of directors; audits; valuation procedures; safekeeping of fund assets; cash monitoring; identification of securities; offering documents, term sheets and marketing materials; and representation in the respective jurisdictions; and (5) additional requirements, including numbers and qualifications of investors. Findings The new legislation has been enacted in order to respond to certain European Union and other international recommendations and has the effect of aligning the regulatory regimes applicable to such funds structured in Cayman and BVI to the regulatory regimes applicable to such funds in other jurisdictions. Originality/Value Expert guidance from lawyers with extensive experience in fund management, fund structuring and Cayman Islands and British Virgin Islands laws and regulations.


2015 ◽  
Vol 15 (3) ◽  
pp. 172-177 ◽  
Author(s):  
Rachel Brett

AbstractThis article by Rachel Brett highlights the key issues to be aware of when carrying out international company searches and reviews the information available online from the national company registries for some of the key European and offshore jurisdictions including: Jersey, Guernsey, Isle of Man, France, Germany, Ireland, Luxembourg, the Netherlands, Switzerland, the Cayman Islands and the British Virgin Islands.


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