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Carey Olsen | April 2024

Carey Olsen advises Preservation Capital Partners on closing of latest fund at €459 million With the closure of PCP Fund II, Preservation Capital Partners now manages approximately €1 billion in assets across its three operational funds. The Carey Olsen team advising Preservation Capital Partners comprised partner Andrew Boyce, senior associate Rachel de la Haye and associates Oliver Orton and Nicola D'Amico ...

Carey Olsen | March 2024

Short term holiday lets in Jersey Following the introduction of the Planning and Building (General Development – Short-term Holiday Lets) (Jersey) Amendment Order 2024 (the "2024 Order") which comes in to force on 1 April 2024, properties may be used for the purpose of short-term holiday lets for up to 12 weeks in each calendar year ...

Carey Olsen | March 2024

Carey Olsen advises Inflexion on closing of latest fund at £1.75 billion The Fund, which is the largest dedicated minority fund in Europe, has attracted existing and new investors from across the world, including from Asia, Europe, the Middle East, as well as the US, and includes public and corporate pension plans, sovereign wealth funds, insurance companies, asset managers and family offices ...

Carey Olsen | March 2024

British Virgin Islands Economic Substance - frequently asked questions Who has to comply with the Substance Legislation? All companies and limited partnerships that are registered or incorporated in the British Virgin Islands (“Entities”) must comply with the Substance Legislation. The Substance Legislation does not apply to trusts or general partnerships ...

Carey Olsen | March 2024

Carey Olsen named Offshore Law Firm of the Year at the WealthBriefing European Awards Independently evaluated by expert panels, these awards celebrate outstanding achievements in the wealth management sector within Europe. The awards encompass various categories, highlighting excellence among individuals, teams, products, and services catering to wealth managers, clients, and institutions of diverse sizes and types ...

Carey Olsen | March 2024

Jersey investment funds update Q1 2024 Jersey Financial Services Commission updates and news Supervisory Risk Data Collection The Jersey Financial Services Commission ("JFSC") launched its annual Supervisory Risk Data Collection ("SRDC") exercise on 5 February, the results of which are used by the JFSC to inform its approach for risk-based supervision and its financial crime examination process and, in aggregated form, to refresh its risk model and national risk assessments ...

Carey Olsen | March 2024

Bermuda investment funds update Q1 2024 Bermuda Monetary Authority Investment Fund Statistics (Q3 2023) Recent amendments to the funds regime highlight Bermuda’s commitment to a comprehensive and innovative approach to the underlying legislative framework applicable to funds and Bermuda’s status as a premier international financial centre ...

Carey Olsen | March 2024

Cayman Islands investment funds update Q1 2024 Removal from Financial Action Task Force Grey List and EU's High-Risk Third Countries List The Financial Action Task Force ("FATF") leads global action to tackle money laundering, terrorist and proliferation financing, setting international standards to ensure national authorities can effectively clamp down on illicit funds linked to drugs trafficking, the illicit arms trade, cyber fraud and other serious crimes ...

Carey Olsen | March 2024

British Virgin Islands investment funds update Q1 2024 BVI Financial Services Commission statistics – Q3 2023 The BVI Financial Services Commission ("FSC") has published its Statistical Bulletin for the third quarter of 2023. The FSC’s Statistical Bulletin is one mechanism by which the FSC communicates the progress made within several different sectors of the Financial Services industry, including Investment Business ...

Carey Olsen | March 2024

Guernsey investment funds update Q1 2024 Guernsey funds up Q4 2023 The total net asset value of Guernsey funds at the end of Q4 2023 was c. US$368.2 billion, an increase of c. US$3.6 billion (+1.0%) over the quarter. Guernsey closed-ended funds increased over the quarter by just under c. US$3.1 billion (+1.0%) to c. US$305.2 billion.   The Guernsey-domiciled open-ended sector increased over the quarter by just under c. US$638 million (+1.0%) to c. US$63 billion ...

Carey Olsen | March 2024

Heather Venture Holdings Ltd and Tapir Holdings Ltd list on Bermuda Stock Exchange The Companies are entities incorporated in the British Virgin Islands and have received the BSX's approval for the listing of 44,502,264 ordinary shares respectively ("Listing Shares"). The Listings have been made as part of a wider transaction, which involved the declaration of a dividend in specie by Impellam Group plc, with such dividend in specie being the Listing Shares ...

Carey Olsen | March 2024

Norwich Pharmacal applications against BVI registered agents: BVI Commercial Court provides new guidance In its recent judgment, the BVI Commercial Court has provided clarification and guidance on Norwich Pharmacal applications against BVI registered agents ...

Carey Olsen | March 2024

Carey Olsen and Oakbridge advise Sullivan Street Partners on Wave Group investment Carey Olsen provided regulatory, structuring and legal advice in establishing Sullivan Street's investment vehicle, Wave Jersey LP, with Oakbridge facilitating the set up and ongoing fund administration services.  The Carey Olsen team advising Sullivan Street Partners comprised corporate partner Chris Griffin and associate Marco Carossa ...

Carey Olsen | March 2024

Bermudian lawyer Yan-Xia Rogers returns home to join Carey Olsen Yan-Xia will specialise in corporate and commercial law, advising clients on a range of cross-border transactions, mergers and acquisitions, and corporate governance matters. Having moved to London in 2020, Yan-Xia worked for a year as a paralegal at Broadgate Legal before training as a solicitor at Kennedys Law LLP in London, with a focus on regulatory, corporate, product liability law and insurance litigation ...

Carey Olsen | March 2024

Muted voices: can beneficiaries of a STAR trust be empowered to play "devil's advocate" In In the Matter of the G Trust[1] the Grand Court of the Cayman Islands was asked by the trustee of a Cayman STAR trust to give directions in relation to the question of who should participate, and in what capacity, in an application for rectification of a deed supplemental to the trust (the "rectification application") ...

Carey Olsen | March 2024

Succession of digital assets in Guernsey What are digital assets? The term "digital assets" does not yet have a legal definition in Guernsey but it can broadly be understood to mean any asset that is represented digitally or electronically.[1] Digital assets include: cryptocurrencies; NFTs; social media accounts; photos, audio files and video stored in the cloud; reward cards/loyalty programmes; online bank accounts; email accounts; eBooks; websites ...

Carey Olsen | March 2024

Flexibility in Bermuda trusts afforded by Section 47 What is Section 47 Section 47 of Bermuda’s Trustee Act 1975 provides trustees of Bermuda trusts with a very useful and flexible tool for varying trusts in the absence of the necessary power either in the trust instrument or otherwise under the relevant legislation. Trusts not governed by Bermuda law can be migrated to Bermuda to take advantage of section 47 and, in such cases, it may be desirable to appoint new trustees in Bermuda ...

Carey Olsen | March 2024

Carey Olsen Bermuda celebrates International Women's Day 2024 The panel was moderated by Carey Olsen senior associate Laura Kearns and featured SVP senior legal counsel at Butterfield Bank, Kim Simmons; the Honourable Mrs Justice Shade Subair Williams; group head of trust services at Lombard Odier Group, Charmaine Tucker; and Carey Olsen senior counsel Claire van Overdijk KC ...

Carey Olsen | March 2024

Carey Olsen advises XBTO Global on acquisition of Stablehouse and XBTO International Stablehouse is a digital asset custody and trading platform that helps institutions mitigate risk with security, insolvency remote protection and regulatory compliance, and its combined acquisition together with XBTO International by XBTO Global allows the group to provide integrated and comprehensive digital asset services through a single platform ...

Carey Olsen | March 2024

Carey Olsen advises certain sellers in GFL Environmental's secondary offering The selling shareholders, which included BC Partners, GIC, Ontario Teachers' Pension Plan Board, Poole Private Capital, LLC, and entities affiliated with HPS Investment Partners, LLC, collectively agreed to sell 21,000,000 subordinate voting shares at the public offering price of US$34.45 per share in a fully underwritten secondary transaction. RBC Capital Markets, LLC and RBC Dominion Securities Inc ...

Carey Olsen | February 2024

BVI annual returns - frequently asked questions 1. What information needs to be included in the annual return? The annual return needs to provide a basic balance sheet and income (profit and loss) statement. The form of annual return is prescribed by statute, a copy of which can be found here. 2. When does the first annual return need to be filed? A Company must file its first annual return within 9 months of its fiscal year end ...

Carey Olsen | February 2024

Guernsey: an ideal domicile for deal-by-deal structures A recent article in the Financial Times (Private equity turns to new fundraising tactics in tough market, 21 February 2024) highlights a growing trend we have been seeing for some time: bespoke structures set up for single asset (deal-by-deal) acquisitions ...

Carey Olsen | February 2024

Carey Olsen and Alter Domus advise Gyrus Capital on €310 million fund Fund II consists of the Principal Fund and an open-ended co-investment vehicle, allowing Gyrus to make larger investments. With its close, the total number of funds raised since the firm was established in November 2018 exceeds €750 million. Fund II will be a continuation of Fund I, generating returns from investments into businesses operating in the healthcare and sustainability sectors ...

Carey Olsen | February 2024

18 Carey Olsen lawyers recognised in Chambers Global 2024 Guide The firm's Bermuda team has been ranked Band 1 for Dispute Resolution and Band 2 for Corporate and Finance and Insurance respectively, with one client stating that the team has "highly reliable partners with extensive knowledge" who provide "exceptional service and top-level responsiveness". In the BVI, Carey Olsen has also maintained its strong rankings in Corporate and Finance and Dispute Resolution ...

Carey Olsen | February 2024

Pleading failures and allegations of breach of good faith treated with the Utmost seriousness Background IHSL was Utmost's agent and sole distributor of insurance policies in the Cayman Islands, with the terms of the relationship governed by an agency agreement executed in 2016 (the "Agency Agreement") ...

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