Offshore – Page 2 – Law Journals

Offshore: Roadtesting the law

Robert Lindley and Wesley O’Brien give the view from the Cayman Islands on how trustees should deal with extraterritorial questions about a trust The basis for seeking Beddoe relief was in accordance with the firewall provisions, whereby all questions arising in relation to a Cayman law trust are to be determined in accordance with Cayman …

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Offshore: Substance-aware

Laila Arstall puts forward a case scenario setting out the common questions asked by trust and corporate services professionals on the economic substance rules in Guernsey In any year Hold Co does not receive income from its shareholdings then, although it will continue to be classified as a pure equity holding company, it will not …

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Offshore: Count your blessings

The Jersey Royal Court’s recent refusal to ‘bless’ actions by the trustee shows that court approval cannot be taken for granted. James Sheedy sets out key points to consider ‘The trustee’s application for a blessing of its decision to liquidate the structure was refused on the basis (among others) that the trustee had not adequately …

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Offshore: Share and share alike

John Rimmer summarises Harper v Simpson, which sheds light on whether the Duomatic principle applies to beneficial shareholders ‘The court preferred the more modern view that orthodox thinking was now that the Duomatic principle does not apply to actions of a beneficial shareholder, but only to a legal (registered) shareholder.’ Every law student learns that …

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Offshore: Share and share alike

John Rimmer summarises Harper v Simpson, which sheds light on whether the Duomatic principle applies to beneficial shareholders Every law student learns that a company is a separate legal person from its members and that the management of the company is carried on by the directors. Yet the voting members of a company can make …

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