Posts Categorized: Funds – Offshore

Delaware Allows Secured Creditors to Foreclose Without Shareholder Approval

In July 2023, Delaware amended its code to allow certain secured creditors under mortgages or pledges of assets to rely on a Board of Directors decision if the value is less than or equal to the total amount secured. The failure to satisfy this provision would not result in invalidation if the transferee provided value… Read more »

Caymans Placed on EU Blacklist As Non-Cooperative Country

As of February 18, 2020, the European Union has placed the Cayman Island on its “Blacklist” of counties deemed non-cooperative for tax purposes.  Depending on what agreements each of the EU countries has with the Cayman Islands and what tax consequences each has with the islands, there may be tax consequences of this Blacklisting.  As… Read more »

Non-EU AIFs to be Subject to EU Rules

On May 4, 2017, the EU Commission adopted proposals to amend the current European Market Infrastructure Regulation (“EMIR”).  The proposals contain a number of possible changes, but among them is a proposed change to the definition “financial counterparty” to include an Alternative Investment Fund (“AIF”), whether established in the EU or outside the EU, even if its manager is… Read more »