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Results: 1-10 of 41

Court gives guidance on Section 175 procedure
  • Harney Westwood & Riegels
  • British Virgin Islands
  • February 14 2013

Until recently, it was a matter of conjecture as to how the 'usual or regular course of business' exception to Section 175 of the Business Companies Act should be applied with respect to single purpose vehicles which hold a single asset


Dispositions of assets by a British Virgin Islands company
  • Harney Westwood & Riegels
  • British Virgin Islands
  • January 11 2013

Although under British Virgin Islands law, companies are (subject to limitations in their constitutional documents) generally free to dispose of


Derivatives, double derivatives and unfair prejudice
  • Harney Westwood & Riegels
  • British Virgin Islands
  • February 7 2013

N a recent decision concerning Sections 184C and D of the BVI Business Companies Act 2004, Microsoft made an application for leave under Section 184C


Redemptions in kind the end of the road for in specie distributions?
  • Harney Westwood & Riegels
  • Cayman Islands
  • August 3 2012

In the recent case of Re FIA Leveraged Fund the Grand Court considered whether an in specie distribution properly discharged the Fund’s liability to redeeming investors


Madoff feeder fund in major court reversal
  • Harney Westwood & Riegels
  • British Virgin Islands
  • June 29 2012

In a series of decisions before the BVI Commercial Court and Eastern Caribbean Court of Appeal, the liquidators of Fairfield have suffered significant reversals in their claims against investors


Grants ad colligenda bona securing estate assets at risk pending administration
  • Harney Westwood & Riegels
  • British Virgin Islands
  • December 6 2011

When the assets of an estate are endangered by delay in its administration, the court has a general power to make a limited grant of administration in order to preserve assets of the deceased within the jurisdiction without waiting until those entitled to a grant have applied


Litigation update: Disclosure orders - a weapon to track and recover assets
  • Harney Westwood & Riegels
  • British Virgin Islands
  • December 6 2011

Disclosure orders constitute a very important weapon for the tracking down and recovery of assets


Litigation update: free-standing relief under Black Swan orders
  • Harney Westwood & Riegels
  • British Virgin Islands
  • March 22 2012

Before 2010, freezing injunctions in the British Virgin Islands were available only ancillary to a substantive domestic cause of action against the respondent


Case law update
  • Harney Westwood & Riegels
  • British Virgin Islands
  • November 22 2011

In a decision of interest to a number of jurisdictions where these types of claims have been made, the BVI Commercial Court recently handed down judgment in the claim brought by the liquidators of Fairfield Sentry Limited, a BVI fund which invested in Bernard Madoff's investment vehicle


Out in the cold: how a victim can prevent dissipation of assets pending trial
  • Harney Westwood & Riegels
  • British Virgin Islands
  • July 28 2011

BVI courts are well versed in the provision of relief orders designed to preserve assets pending the resolution of a dispute