Carey Olsen Policy Template
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Carey Olsen Advises Vinacapital on First Migration Under Guernsey's New Fast Track Application Regime
Carey Olsen advises VinaCapital on first migration under Guernsey’s new fast track application regime Date ⁄ November 2020 Carey Olsen’s corporate team in Guernsey has advised Ben commented: “The introduction of a new fast track VinaCapital Investment Management Ltd. (VinaCapital) on the application regime for managers of overseas funds was a migration of the investment manager’s licence and registration welcome addition to Guernsey’s tried and tested suite of fast to Guernsey - the first such inbound migration to use the track regimes and we’re delighted to have assisted VinaCapital Guernsey Financial Services Commission’s (GFSC) new fast on being the first manager to take advantage of it. We would track application regime for managers of overseas funds. also anticipate that this could be the first of many with other managers attracted by the breadth and depth of expertise Introduced in July, the new fast track regime has combined the available across Guernsey’s financial services, regulatory and processes for an incoming manager to gain GFSC consent legal sectors, coupled with our reputation for effective along with the securing of its licence to conduct fund regulation and adherence to global standards on management into a single 10-day review period. transparency, anti-money laundering and economic substance.” Established in 2003, VinaCapital is one of Vietnam’s leading investment management and real estate development firms, with a diversified portfolio of US$3 billion in assets under management. The decision to migrate its licence and registration to Guernsey replicates the migration of the VinaCapital managed VinaCapital Vietnam Opportunity Fund FIND US (VOF), which itself migrated from the Cayman Islands to Carey Olsen (Guernsey) LLP Guernsey in 2016 as part of its move from AIM to the Premium PO Box 98 Segment of the Main Market of the London Stock Exchange Carey House (LSE). -
Global Aviation Finance Group
Global Aviation Finance Group Our team advises on the laws of For bankruptcy-remote orphan RELATED SERVICES Bermuda, the British Virgin structures we partner with experienced corporate service providers who are ⁄ Banking Islands, the Cayman Islands, recognised as leaders in the aviation ⁄ Structured Finance and Guernsey and Jersey from our sector. We provide a “one-stop” solution Securitisation global network of nine offices. that gives our clients seamless access to ⁄ Investment Funds We assist our clients in leading global fiduciary and corporate ⁄ Islamic Finance structuring cross-border aviation services platforms. ⁄ Joint Ventures finance transactions and ⁄ Corporate Regulation and establishing leasing platforms Compliance and investment vehicles, with ⁄ Corporate Structuring capability in both commercial and corporate aircraft. 9/10 Our lawyers advise on all types of debt, We advise 9/10 of the equity, lease, export credit, PDP, world’s largest banks. FOLLOW US insurance-backed and capital markets deals, including ABS and EETC issuances. To find out more, please contact We act for banks and other financial Our team also advises on Cape Town one of the lawyers listed overleaf institutions, lessors, airlines, export credit Convention issues, aircraft registration or visit careyolsen.com agencies, manufacturers, funds, leasing (both temporary and permanent), and companies and individuals. AOC applications and other regulatory matters. “ Richard Munden is very strong “ Exceptional service backed by on the finance side, especially excellent industry knowledge.” in regard to his high-quality practice in aircraft finance. The Legal 500 He joined Carey Olsen from We are trusted advisers to our clients in Walkers towards the end of the aviation financing and leasing 2018.” sector. -
The Sovereignty of the Crown Dependencies and the British Overseas Territories in the Brexit Era
Island Studies Journal, 15(1), 2020, 151-168 The sovereignty of the Crown Dependencies and the British Overseas Territories in the Brexit era Maria Mut Bosque School of Law, Universitat Internacional de Catalunya, Spain MINECO DER 2017-86138, Ministry of Economic Affairs & Digital Transformation, Spain Institute of Commonwealth Studies, University of London, UK [email protected] (corresponding author) Abstract: This paper focuses on an analysis of the sovereignty of two territorial entities that have unique relations with the United Kingdom: the Crown Dependencies and the British Overseas Territories (BOTs). Each of these entities includes very different territories, with different legal statuses and varying forms of self-administration and constitutional linkages with the UK. However, they also share similarities and challenges that enable an analysis of these territories as a complete set. The incomplete sovereignty of the Crown Dependencies and BOTs has entailed that all these territories (except Gibraltar) have not been allowed to participate in the 2016 Brexit referendum or in the withdrawal negotiations with the EU. Moreover, it is reasonable to assume that Brexit is not an exceptional situation. In the future there will be more and more relevant international issues for these territories which will remain outside of their direct control, but will have a direct impact on them. Thus, if no adjustments are made to their statuses, these territories will have to keep trusting that the UK will be able to represent their interests at the same level as its own interests. Keywords: Brexit, British Overseas Territories (BOTs), constitutional status, Crown Dependencies, sovereignty https://doi.org/10.24043/isj.114 • Received June 2019, accepted March 2020 © 2020—Institute of Island Studies, University of Prince Edward Island, Canada. -
H. Brecqhou Autonomy
Dawes: Brecqhou’s Autonomy BRECQHOU’S AUTONOMY A Response to Henry Johnson’s ‘Sark and Brecqhou: Space, Politics and Power’ (2014) GORDON DAWES Mourant Ozanes <[email protected]> Key Words: Brecqhou, Sark, Barclay Brothers As detailed below, Henry Johnson’s article ‘Sark and Brecqhou, Space Politics and Power’ (2014) published in Shima v8 n1: 9-33 contains a number of factual errors and erroneous interpretations of the issues concerned. There is also a significant problem with the comparators used to refer to matters concerning Sark and Brecqhou since the micronations selected are bogus, recent conceits, as opposed to islands with ancient histories and real status, such as Sark and, separately, Brecqhou. The crucial distinction is that there is no external challenge to the status of either Sark or Brecqhou. The principal shortcomings of Johnson’s chacterisations and argument are as follows: Page 10 – Johnson states that Sark and Brecqhou form one jurisdiction. This is too simplistic a statement. Brecqhou is certainly not a part of Sark, and I return to this issue later. Sark's parliament and court claim jurisdiction over Brecqhou. However, that jurisdiction is itself contentious and the concession made in a statement to the Royal Court of Guernsey in private law proceedings in 2000 referred to by Johnson was itself wrongly made and/or not binding as a matter of public law. In practice the jurisdiction is rarely exercised and, when it is, dispute generally follows. Whatever legislative jurisdiction is claimed is itself limited by convention as to how it is exercised and when. Page 12 – Johnson states that Sir Frederick and Sir David Barclay are tenants of La Moinerie de Haut, one of the original Sark tenements, and repeats a claim that Brecqhou became a tenement of Sark in 1929 when Dame Sybil Hathaway sold Brecqhou to one Angelo Clarke. -
The Bermuda Private Trust Company Guide 9 Locations 5 Offshore Laws
The Bermuda Private Trust Company Guide 9 Locations 5 Offshore Laws BERMUDA BRITISH VIRGIN ISLANDS CAYMAN ISLANDS GUERNSEY JERSEY 1898 Founded Contents 2 Introduction 2 Licensed trustee vs PTC 2 Advantages of the Bermuda PTC 3 Form of PTC 4 PTC exemption from trustee license requirement 4 Composition of the PTC board of directors 4 Inclusion of non-charitable purpose trust in a PTC structure 5 Regulatory obligations 5 Settlor involvement 5 Taxation in Bermuda 5 Conclusion At Carey Olsen, we always look at the bigger picture. In the face of opportunities or challenges, our clients know that the advice and guidance they receive from us will be based on a complete understanding of their goals and objectives combined with outstanding client service, technical excellence and commercial insight. BIGGER PICTURE The Bermuda Private Trust Company Guide ⁄ 1 Introduction However, where circumstances permit, high net-worth families may wish to consider establishing a PTC to act as the trustee of Private trust companies (‘PTCs’) may be described as trusts with the view of maintaining greater influence over the companies established to act as trustees for one or more trusts information and administration in respect of the trust structure. that are related in some way e.g. made in connection with the Use of a PTC does not of course preclude the engagement of same family group, philanthropic or charitable organisations, licensed service providers to assist with certain aspects of business or investment funds. administration of the PTC and the trust structure. Involvement Bermuda has a stellar international reputation and is a of Bermuda licensed service providers may materially reduce popular jurisdiction in which to establish PTCs, trusts and the compliance obligations that would otherwise be directly underlying entities (including private funds and insurance imposed on the PTC. -
The Cutty Sark
The Cutty Sark Greetings to all who read this article from Wayne R Makin fellow Clan member in Melbourne Australia. I write this document having been inspired by Ken McNaughton whose storytelling and historical works are second to none. He is a fellow countryman and we share similar local Australian experiences. I lived in Port Melbourne Australian on Port Philip Bay in my early years and now in my latter years have our family property on Westernport Bay. Both of these bays were where the Cutty Sark would have delivered and had taken on cargo. As a child I was always interested in 'Windjammers' and sailing ships of all kinds. From my childhood days they spoke of the Cutty Sark and my ears used to prick up every time I heard the name mentioned. I have always been drawn to the sea and all things seawards unlike most of my forebears who were miners and farmers. In 1957, fully restored, the ship was installed in a concrete dry berth near the River Thames at Greenwich, London, and was opened to the public by Queen Elizabet 11 as a maritime relic and sailing museum. In 2006 the Cutty Sark was closed for extensive renovations. The following year it was severely damaged by fire, but renovation work continued toward the goal of reopening the ship to the public in time for the 2012 Summer Olympic Games in London. There she sits today as the pride and joy in playing its part in some of Britain’s finest glory days on the High Seas. -
Cutty Sark: the Fastest Sailing Ship of All Time
Day 10_Reading ● Let’s Practise! Reading 1 You should spend about 20 minutes on Questions 1-13, which are based on Reading Passage 1 below. Cutty Sark: the fastest sailing ship of all time The nineteenth century was a period of great technological development in Britain, and for shipping the major changes were from wind to steam power, and from wood to iron and steel. The fastest commercial sailing vessels of all time were clippers, three-masted ships built to transport goods around the world, although some also took passengers. From the 1840s until 1869, when the Suez Canal opened and steam propulsion was replacing sail, clippers dominated world trade. Although many were built, only one has survived more or less intact: Cutty Sark, now on display in Greenwich, southeast London. Cutty Sark’s unusual name comes from the poem Tam O’Shanter by the Scottish poet Robert Burns. Tam, a farmer, is chased by a witch called Nannie, who is wearing a ‘cutty sark’ – an old Scottish name for a short nightdress. The witch is depicted in Cutty Sark’s figurehead – the carving of a woman typically at the front of old sailing ships. In legend, and in Burns’s poem, witches cannot cross water, so this was a rather strange choice of name for a ship. Cutty Sark was built in Dumbarton, Scotland, in 1869, for a shipping company owned by John Willis. To carry out construction, Willis chose a new shipbuilding firm, Scott & Linton, and ensured that the contrast with them put him in a very strong position. -
Wills and Estates in the Cayman Islands 9 Locations 5 Offshore Laws
Wills and estates in the Cayman Islands 9 Locations 5 Offshore Laws BERMUDA BRITISH VIRGIN ISLANDS CAYMAN ISLANDS GUERNSEY JERSEY 1898 Founded Contents 2 Cayman Islands wills 4 Cayman Islands estate administration process 6 Trusts as an alternative 6 Advance health care directives 6 Conclusion 8 Key contacts At Carey Olsen, we always look at the bigger picture. In the face of opportunities or challenges, our clients know that the advice and guidance they receive from us will be based on a complete understanding of their goals and objectives combined with outstanding client service, technical excellence and commercial insight. BIGGER PICTURE Wills and estates in the Cayman Islands ⁄ 1 Without advance planning, the task of determining • Trusts created within a will can also protect against an individual’s final wishes and administering a relationship property issues by leaving assets on a trust for an adult family member rather than transferring the assets deceased’s estate can be time-consuming and directly to them. In this way, the assets could be held and expensive. Set out below is a summary of the managed by a trustee for the benefit of the adult family various ways in which an individual domiciled, or member, preventing those assets from being caught in with assets or interests, in the Cayman Islands can relationship property claims. properly protect their position and ensure that their • A Cayman will can also be particularly beneficial for legacy is protected. persons domiciled outside of Cayman who own shares in Cayman companies. -
ISO Country Codes
COUNTRY SHORT NAME DESCRIPTION CODE AD Andorra Principality of Andorra AE United Arab Emirates United Arab Emirates AF Afghanistan The Transitional Islamic State of Afghanistan AG Antigua and Barbuda Antigua and Barbuda (includes Redonda Island) AI Anguilla Anguilla AL Albania Republic of Albania AM Armenia Republic of Armenia Netherlands Antilles (includes Bonaire, Curacao, AN Netherlands Antilles Saba, St. Eustatius, and Southern St. Martin) AO Angola Republic of Angola (includes Cabinda) AQ Antarctica Territory south of 60 degrees south latitude AR Argentina Argentine Republic America Samoa (principal island Tutuila and AS American Samoa includes Swain's Island) AT Austria Republic of Austria Australia (includes Lord Howe Island, Macquarie Islands, Ashmore Islands and Cartier Island, and Coral Sea Islands are Australian external AU Australia territories) AW Aruba Aruba AX Aland Islands Aland Islands AZ Azerbaijan Republic of Azerbaijan BA Bosnia and Herzegovina Bosnia and Herzegovina BB Barbados Barbados BD Bangladesh People's Republic of Bangladesh BE Belgium Kingdom of Belgium BF Burkina Faso Burkina Faso BG Bulgaria Republic of Bulgaria BH Bahrain Kingdom of Bahrain BI Burundi Republic of Burundi BJ Benin Republic of Benin BL Saint Barthelemy Saint Barthelemy BM Bermuda Bermuda BN Brunei Darussalam Brunei Darussalam BO Bolivia Republic of Bolivia Federative Republic of Brazil (includes Fernando de Noronha Island, Martim Vaz Islands, and BR Brazil Trindade Island) BS Bahamas Commonwealth of the Bahamas BT Bhutan Kingdom of Bhutan -
Introducing Our Firm
Introducing our firm OFFSHORE LAW SPECIALISTS In the face of opportunities or challenges, our clients know that the advice and 9 guidance they receive from us will be based on a complete understanding of Locations their goals and objectives combined with outstanding client service, technical excellence and commercial insight. BIGGER PICTURE 5 Offshore Laws BERMUDA BRITISH VIRGIN ISLANDS CAYMAN ISLANDS GUERNSEY JERSEY 1898 Founded 2 ⁄ careyolsen.com Contents 3 ⁄ careyolsen.com Our credentials INVESTMENT FUNDS CLIENTS PRIVATE EQUITY CLIENTS TIER ONE RANKINGS We advise more investment We advise 9/10 of the world’s We have 18 Tier One rankings in funds in the Channel Islands largest private equity firms. The Legal 500 UK – more than than any other offshore law firm. any other offshore law firm. 1700+ 9/10 1st BANKING CLIENTS TISE LAW FIRMS We advise 9/10 of the world’s We are the leading adviser for We work with all of the world’s largest banks. listings on The International top 25 law firms. Stock Exchange. 9/10 No.1 25 LSE-LISTED CLIENTS INVESTMENT FUNDS PRIVATE EQUITY REAL ESTATE We advise over 90 LSE-listed clients We advise more Channel Islands We advise 7/10 of the world’s - more than double the number of funds by asset value than any largest private equity real estate the next nearest offshore law firm. other offshore law firm. firms. US$ bn 1st 640 7/10 4 ⁄ Carey Olsen at a glance careyolsen.com WHY INSTRUCT US? • We provide partner-led advice. • We have strong and long-lasting • We have the strength and depth to relationships with our clients, handle the most complex and intermediaries and regulators. -
Seeing the World from Your Perspective
Seeing the world from your perspective BIGGER PICTURE OFFSHORE LAW SPECIALISTS BRITISH VIRGIN ISLANDS CAYMAN ISLANDS GUERNSEY JERSEY 1CAPE / TOWN HONG KONG LONDON SINGAPORE careyolsen.com Contents OUR SERVICES CAREY OLSEN AT A GLANCE BANKING AND FINANCE CORPORATE DISPUTE RESOLUTION AND LITIGATION EMPLOYMENT, PENSIONS AND INCENTIVES INVESTMENT FUNDS PROPERTY LAW REGULATORY OUR FIRM OUR PEOPLE RESTRUCTURING AND INSOLVENCY TRUSTS AND PRIVATE WEALTH OUR APPROACH SECTOR EXPERTISE OUR INTERNATIONAL CONTACT US NETWORK 2 / Contents careyolsen.com Carey Olsen at a glance INVESTMENT FUNDS CLIENTS PRIVATE EQUITY CLIENTS TIER ONE RANKINGS We are legal adviser to close We represent nine of the world’s We are tier one for all our to 1,200 funds across the top 10 private equity firms practice areas in The Legal Channel Islands, more than 500 UK rankings 8 any other oshore law firm LOCATIONS 90% 17/17 1,200 BANKING CLIENTS TISE LAW FIRMS We represent eight We are the leading adviser on We work with all 25 of the world’s top The International of the world’s largest 4 10 banks Stock Exchange (TISE) law firms LEGAL JURISDICTIONS 8/10 No.1 25 LSELISTED CLIENTS JERSEY FUNDS GUERNSEY FUNDS We advise more LSE-listed We advised on 49% of all We advised on 74% of all clients and funds than any new funds in Jersey new funds in Guernsey 1898 other oshore law firm (July 2015-16) (July 2015-16) FOUNDED 96 49% 74% 3 / Carey Olsen at a glance careyolsen.com OUR FIRM Wide-angle thinking We advise financial institutions, corporations and private clients on the laws of the British Virgin Islands, Cayman Islands, Guernsey and Jersey from a network of eight international offices. -
Jersey Investment Funds Update - March 2021
Jersey investment funds update - March 2021 Service area ⁄ Investment Funds Legal jurisdictions ⁄ Jersey Date ⁄ March 2021 Jersey’s new register of beneficial owners and Economic substance developments in Jersey significant persons On Wednesday 10 February, the Jersey States Assembly passed The Financial Services (Disclosure and Provision of a law to include self-managed funds within the scope of Information)(Jersey) Law 2021 came into force on 6 January. economic substance rules in terms of their fund management See our October 2020 update and our briefing note for a activities for accounting periods that commence on or after 1 summary of the new provisions. Key dates to note: January 2021. Revenue Jersey has published guidance on the application of the economic substance test to ‘self-managed • Entities will need to appoint a “nominated person” to act as funds’. the liaison with the registry by no later than 6 April 2021. • The JFSC has extended the period for submitting the first Revenue Jersey has launched a consultation on the extension annual confirmation statement (which will replace the of economic substance to partnerships. The initial consultation annual return) to 30 June 2021. on the potential impact of this extension closes on 1 March • Subsequent filings will need to be made annually by the last 2021. The EU Code of Conduct Group has confirmed that it day of February each year. considers partnerships are included within the scope of the original political commitment that Jersey gave in 2018 to • Details of “significant persons” (including directors and introduce economic substance legislation and that it expects company secretaries) will not be made public before 1 such extension of economic substance to partnerships to take October 2021.