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Results: 1-10 of 88

Insolvency position clarified in the BVI
  • Harneys
  • British Virgin Islands
  • April 4 2011

On Friday 1 April, the Court of Appeal handed down its much awaited written judgment in Westford Special Situations Fund Limited v Barfield Nominees et al


Derivatives, double derivatives and unfair prejudice
  • Harneys
  • 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


TIEAs - A modern day Scylla and Charybdis?
  • Harneys
  • British Virgin Islands, OECD
  • October 4 2016

The British Virgin Islands operates one of the most robust and accountable regulatory systems in the world. It is more compliant with global


Green light for liquidators to draw interim payments without fee approval
  • Harneys
  • British Virgin Islands
  • November 10 2016

On September 20 2016 the BVI Commercial Court clarified whether the BVI Insolvency Act 2003 provides a basis for liquidators to draw fees on account


Cayman decision of Herald Fund SPC
  • Harneys
  • Cayman Islands
  • September 29 2016

The Cayman Islands Court of Appeal decision in In the matter of the Herald Fund SPC (In Official Liquidation) has provided some clarity on the


Incredible Power - leave requirements in a derivative action BVI BCA 2004
  • Harneys
  • British Virgin Islands
  • September 30 2016

Harneys recently acted for the successful claimant on an application for her costs of a discontinued strike out application which was brought by the


Court gives guidance on Section 175 procedure
  • Harneys
  • 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


Enforcing orders made in foreign insolvency proceedings
  • Harneys
  • British Virgin Islands, Cayman Islands, United Kingdom
  • October 24 2012

This article sets out the potential impact in the BVI and Cayman of the much anticipated Supreme Court decision in Rubin v. Eurofinance SA 2012 UKSC 46, which was handed down on 24 October 2012


Dispositions of assets by a British Virgin Islands company
  • Harneys
  • 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


BVI leave requirements in derivative actions by foreign companies
  • Harneys
  • British Virgin Islands
  • October 27 2016

Do shareholders of foreign companies require leave to bring derivative proceedings in the British Virgin Islands? Facts The BVI Commercial Court