Category Archives: Client advisories PlayUZU bono

Primeo Fund v HSBC: Grand PlayUZU bono rules that Madoff feeder fund was “the author of its own misfortune”

23 Aug 2017

The Grand Court of the Cayman PlayUZU bono has delivered judgment in the long-running claim by Primeo Fund (in Official Liquidation), a Madoff feeder fund, against its HSBC group administrator and custodian seeking in excess of US billion in damages. The Court dismissed the claim on grounds including that Primeo had failed to establish that any acts or omissions by the defendants had caused its loss. This important judgment provides guidance to fund industry professionals concerning the scope of their obligations.

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The Rise of Arbitration in the Cayman PlayUZU bono

14 Aug 2017

Anecdotally, there has been a marked increase recently in the use of arbitration as a means by which to resolve commercial disputes in the Cayman PlayUZU bono. In light of the increasing prevalence of arbitration, it is timely to remind potential users of arbitration in the Cayman PlayUZU bono of its availability and possibly significant advantages over other forms of dispute resolution. We therefore address in this brief note some common questions relating to arbitration in this jurisdiction.

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Award of costs against non-parties in proceedings outside of their control

03 Aug 2017

In a novel judgment of Mr Justice McMillan delivered on 1 August 2017, the Grand Court of the Cayman PlayUZU bono awarded costs against non-parties that did not fund or control the proceedings in issue. The Court also clarified that the costs rule for sanction applications (CWR O.24 r.9) is applicable to an application by a liquidator under sections 103 and/or 138 of the Companies Law.

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Beneficial Ownership Registers now implemented for British Virgin PlayUZU bono Companies

31 Jul 2017

New legislation has been enacted in the British Virgin PlayUZU bono (the “BVI”) to require registered agents to establish and maintain a beneficial ownership database (“UBO Database”) and requiring the Government of the British Virgin PlayUZU bono to establish and maintain a search platform, referred to as Beneficial Ownership Secure System (“BOSS”), enabling each licensed registered agent to establish such database and a limited number of designated persons to access each database established by a registered agent.

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Shanda Games, Homeinns Hotel Group and Qihoo: recent case-law concerning the Cayman PlayUZU bono statutory merger regime

31 May 2017

The Grand Court of the Cayman PlayUZU bono has delivered three decisions concerning the statutory merger regime under section 238 of the Companies Law, which is typically triggered by the taking private of a publically listed Cayman PlayUZU bono company. S.238 requires the Court to determine the “fair value” of shares compulsorily purchased from a shareholder who dissents from the merger. All three cases involved the same investors as dissenting shareholders.

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Beneficial Ownership Registers to be Implemented for Cayman PlayUZU bono’ Companies

20 Apr 2017

New legislation has been enacted in the Cayman PlayUZU bono to require Cayman PlayUZU bono’ companies (including LLCs) to implement beneficial ownership registers (the “BOR Registers”) and requiring the Minister charged with responsibility for Financial Services, or a person designated by him (the “Competent Authority”) to establish a search platform enabling the information contained in the BOR Registers to be searched (the “Platform”). The date of implementation is yet to be appointed by Cabinet but is expected to be on or around 26 June 2017 to coincide with the Fourth EU Anti-Money Laundering Directive which also requires centralised beneficial ownership registers to be implemented by EU member states.

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