Offshore

In the course of the last 24 months, a number of Cayman Islands companies with operations in the PRC and shares or American Depositary Receipts ("ADRs") traded on US Exchanges have been the subject...
January 2017
With the passing of more than 18 years since Segregated Portfolio Companies (“SPCs”) were introduced into Cayman Islands law, the Cayman SPC is now regarded as an established option for international...
December 2016
In recent years, the subscription facility market has increased significantly in size as more private equity funds use these lines of credit attracted by the flexibility and liquidity that such...
November 2016
Litigation solicitors will benefit from reading comments of Deputy High Court Judge Seagroatt in his reasons for decision in Wide Power Corporation Limited v The Incorporated Owners of Manhattan...
October 2016
Cayman Islands unit trusts have become an increasingly popular vehicle for structuring hedge funds.  These structures have traditionally been most popular among Japanese fund managers and...
October 2016
An event like the “Panama Papers” has raised questions about the restrictions on disclosure of information in offshore jurisdictions. In response to these concerns, on 15 July 2016, the Governor of...
September 2016
BVI continues to be a popular jurisdiction for debt capital market deals in Asia, says Ogier’s Hong Kong capital markets partner Nathan Powell, who along with associate Rachel Huang, recently acted...
July 2016
With the use of British Virgin Islands ("BVI"), Bermuda and Cayman Islands entities continuing to grow in popularity in Asia, the ability of a party to freeze a party’s assets pending the outcome of...
May 2016
With the use of Bermuda, BVI and Cayman Islands companies continuing to grow in Asia, one question we are increasingly being asked to advise on is whether it is possible to obtain interim freezing...
May 2016
To get an overview of the major insolvency and restructuring-related legal developments in 2015 and a prediction of how the landscape may shift in 2016, Hong Kong Lawyer reached out to Ian Mann, head...
March 2016
On 11 November 2015, the Court of Final Appeal handed down its judgment on the petitioner’s appeal in the Yung Kee Holdings Limited (“YKHL”) family company dispute. The Court of Final Appeal affirmed...
January 2016
Ian Mann, Partner, Harneys The Privy Council handed down its decision in Nilon Limited v Royal Westminster Investments SA [2015] UKPC 2 clarifying the power of the courts to rectify the share...
November 2015
Hong Kong does not have an equivalent regime to the United States “debtor in possession” Chapter11 Bankruptcy Code or United Kingdom administration to facilitate the rescue of an insolvent company....
November 2015
Jonathan Culshaw, Asia Managing Partner, and Raymond Ng, Counsel, Harney Westwood & Riegels The British Virgin Islands (the “BVI”) has recently passed the Securities and Investment...
July 2015
Ian Mann, Partner and Alexandra Murphy, Associate, Harneys Litigation and Restructuring Dept, Hong Kong The Common Law and Recognition of Foreign Liquidation Proceedings Hong Kong is not a...
June 2015
Eliot Simpson, Partner, Appleby Hong Kong In Wong Ming Bun v Wang Ming Fan [2014] 1 HKLRD 1108 the Hong Kong Court of First Instance considered which law governs the question of standing to bring...
December 2014
The last few years have seen an increasing trend of businessmen and investors incorporating offshore holding companies in the British Virgin Islands (“BVI”) and the Cayman Islands to hold or invest...
September 2013
In a recent decision of the High Court of the British Virgin Islands (“BVI”) with important implications for claimants resident in the PRC (Wang Zhongyong...
July 2013
In the decision of Re Yung Kee Holdings Ltd HCCW 154/2010, the Hong Kong Court of First Instance laid down certain principles as to when the Hong Kong courts have jurisdiction to wind up a company...
July 2013
The mechanics and process of the balance sheet test in the context of considering whether or not a company is insolvent was recently considered by the UK Supreme Court in BNY Corporate Trustee...
June 2013