Category: Corporate Advisory
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Segregated Portfolio Companies in the Cayman Islands: Structure, Benefits & Practical Applications
A Cayman Islands exempted company can be registered as a Segregated Portfolio Company (SPC) under the Cayman Islands Companies Act (Revised) (Companies Act). Registration can occur at incorporation or later. An SPC remains a single legal entity but may create distinct segregated portfolios (Portfolios), with statutory ring-fencing ensuring that the assets and liabilities of each Portfolio are protected from those of other Portfolios and the general assets of the…
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Marbury Successfully Completes ISAE 3402 Type II Audit for 2024
We are pleased to announce that Marbury Corporate Advisory Services Limited has successfully completed its ISAE 3402 Type II audit for 2024. This rigorous assessment, conducted by independent auditors, validates the ongoing effectiveness of our internal controls and operational processes. The audit process involved a thorough examination of our systems, ensuring that our controls remain…
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Hong Kong Unveils Re-domiciliation Scheme to Attract Global Enterprises
On 14 May 2025 the Legislative Council of the Hong Kong Special Administrative Region (Hong Kong SAR) enacted the Amendment Ordinance 2025 (the Ordinance), introducing a streamlined inward company re-domiciliation scheme. Under the Ordinance, foreign-incorporated entities can transfer their domicile to Hong Kong SAR while preserving their corporate identity and operational continuity, provided they satisfy…
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Cayman Foundation Companies
Since introducing the Foundation legislation in 2017, Cayman Island Foundations have become a useful structuring vehicle for diverse commercial and personal purposes. On the commercial side as a legal wrapper, the vehicle has been popular as part of a decentralised autonomous organisation (DAO), due to its unique properties: These features are available for wealth structures…
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Understanding Pre-emption: The Essential Right for Shareholders
Introduction In the intricate world of private companies, safeguarding the investments and interests of shareholders is paramount. One such protective measure is the right of pre-emption, also known as the right of first refusal. This corporate mechanism empowers existing shareholders by granting them the opportunity to acquire shares being sold by fellow shareholders before they are…
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Cayman Islands Voluntary Liquidations
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If you have a Cayman company which you no longer require and would like to dissolve before 31 December 2022 in order to avoid paying the annual fees next year, on the basis that the company is not a regulated entity and is solvent, the voluntary liquidation process should commence by 31 August 2022. We…
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Directors’ Duties: Payments made by Insolvent Shipping Company
Scrutiny faced by directors of companies for possible breaches of their fiduciary duties has been further clarified by the Privy Council in a case[1] involving actions of a director leading up to the insolvency of the company. Key takeaways regarding duties are: The Privy Council dealt with the following questions regarding the actions of the director…
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Redomiciliation into the Cayman Islands
Moving a business from one country to another could help alleviate overly onerous operational requirements under the current companies’ laws, reflect the changing nature of the business, offer administrative simplification for a business, or deal with unexpected regulatory or tax consequences arising from changes in law or the growth of the business.
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Vietnam and Foreign Investment Structures
The British Virgin Islands, Hong Kong and Singapore provide attractive product offerings broadly characterised by cost effective incorporation and ongoing maintenance fees, a tax neutral investment platform, corporate flexibility, an English common law system that underpins the rule of law and contractual certainty, and enforcement provided by a modern and effective commercial court.
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BVI cautionary tale: SME businesses and avoiding the gridlock of probate
Small businesses tend to gravitate to the BVI as the choice of jurisdiction for incorporation due to its ease and cost-effectiveness. However, very often such companies will be established with a sole individual director who is also the sole shareholder of the company. Problems arise if this individual then passes away, regardless of whether the…