The Cayman Islands and the British Virgin Islands are respectively the world’s two most popular jurisdictions for the establishment of offshore investment funds. They are used by clients who seek a corporate domicile combining effective legislation, first class service providers and competitive pricing.

Our team is cross-departmental and cross-jurisdictional and offers a full service to our clients in both the British Virgin Islands and Cayman Islands.

Together with our litigation and insolvency lawyers, we additionally advise on all offshore legal aspects affecting distressed or insolvent investment funds. Since the 2008 financial crisis in particular, we have acted for a variety of stakeholders in such funds, including investors, service providers, directors, and liquidators. We are currently advising in relation to a number of issues involving funds affected by the collapse of Bernard L. Madoff Investment Securities LLC.

Forbes Hare has particular expertise in the following areas:

Distressed Funds

  • Advising on NAV suspension issues, and related issues such as inchoate redemptions
  • Advising on directors’ duties, and the obligations owed by functionaries of funds and their other service providers
  • Advising on risk management issues, and protective measures available to funds threatened with litigation
  • Advising on solvency issues
  • Advising and acting for liquidators of all types of collective investment schemes
  • Steps and procedures necessary to conduct a solvent liquidation
  • Advising on issues to be considered when restructuring the fund including the use of side pocket arrangements
  • Managing disputes arising from the subscription terms

Hedge Funds

  • Manager and administrator formation
  • Establishing all types of fund structures, including open-ended and closed-ended funds
  • Financing aspects of the fund
  • Fund listings and promotion
  • Incorporation and structuring of segregated portfolio companies
  • Incorporation of private trust companies and family funds

Private Equity Funds

  • Providing effective fund raising structures
  • Initial Public Offerings and other exit strategies
  • Limited partnership structures