United States (US)

An increasing number of business leaders are looking to relocate their business and indeed live offshore. Our pan-departmental relocation team has the knowledge and experience to assist in all aspects of such a move and welcome you to our islands. We are well placed to advise on and project manage such a relocation and can support with company migrations and continuations, regulatory approvals, housing licences and real estate matters through to introductions to other service providers and complementary local businesses.

For guidance on relocating your business in and out of the BVI, Cayman Islands, Guernsey or Jersey, click here.

Collas Crill Corporate Services Limited is a wholly owned subsidiary of Collas Crill Group and is licensed to conduct company management business under the Cayman Islands Companies Management Act (as revised).

We provide an array of services tailored to satisfy client specific requirements. We have qualified and experienced professionals that have extensive knowledge and understanding of the Cayman Islands regulations. Our objective is to support new and existing clients to navigate the ever-changing environment to ensure that business is practical and efficient.

Our dispute resolution specialists collaborate seamlessly with our corporate advisory and banking teams across jurisdictions to advise multinational corporations, trust companies, banks, funds, insurers, governments and directors. We provide a global perspective, working closely with our clients to ensure that they are best placed to respond to customer issues, fraud risks, rapidly changing market conditions and regulatory demands.

Good corporate governance and a sound understanding of directors duties is critical. Regardless of size, establishing a best practice approach should be fundamental to all boards. The board of directors are responsible for ensuring the company achieves its objectives and the corporate governance framework they adhere to should underpin their accountability to the company and its members.

We advise company boards in relation to both the non-contentious and contentious aspects of shareholder relations with a focus on corporate governance to prevent contentious issues arising. We have also advised both boards and activist shareholders in relation to highly contentious general meetings and associated issues arising out of investor actions.

Thanks to the depth of our experience and the resources of our team, we've acted on some of the largest pieces of litigation brought against directors offshore. We are well placed to deal with the 'bet the farm' proceedings that can occur in these type of disputes and have represented parties involved in intra-company disputes, including executive, non-executive and independent directors, majority and minority shareholders, companies and liquidators. We understand that shareholder disputes are often not black and white and our team finds innovative and commercial alternatives to those which the Court may offer – taking a collaborative approach with our clients to ensure that the right result is achieved.

Economic substance legislation is in place in each of our offshore jurisdictions, requiring all businesses with entities in those jurisdictions to carefully consider whether they fall within scope and if so, what they need to do in order to ensure that they are in compliance with the relevant legislation. We advise businesses on their obligations in this area.

For a high-level comparative guide on the requirements in each of our jurisdictions, click here.

We're used to working as part of a multi-jurisdictional team, capable of reacting and responding quickly to urgent requests for assistance with locating and freezing assets. As sophisticated defendants become more adept at dissipating assets, we've been involved in cases that created new law in relation to a party's ability to trace assets and recover their losses. With their ability to deal with complex issues the team deliver clear, commercial advice on the availability and likely success of recovery methods.

Fund financing covers a range of financing possibilities but most commonly involves capital call or subscription facilities. It is a specialist area that requires an understanding of fund structuring, the risks involved in lending to funds and specific security requirements. Underlying relationships between investors, borrowers and lenders are key to the success of the industry. We work with lenders and borrowers to maintain these relationships at every stage of the process, with our commercial, efficient and pragmatic approach to managing transactions.

For financially distressed companies in need of restructuring and reorganisation, or for those where the opportunity to do so has passed or failed, we work to achieve the most beneficial outcome in these difficult situations. 

Currently working on some of the largest and most complex cross-border insolvencies in the jurisdiction, we frequently advise top law firms from the People’s Republic of China, the US, the UK and other jurisdictions. We are regularly briefed by Sovereign Wealth Funds and Fortune 500 Companies to advise on particular restructurings, as well as investment managers from Europe and the US.

At whatever stage we are engaged, our involvement will assist in identifying the ongoing risks facing a client and to enable that client to continue to identify and effectively manage deteriorating relationships with creditors, financiers, investors or other interested parties.

Our uniquely diverse practice regularly assists with the establishment of both open and closed-ended fund structures. In addition to traditional Channel Island private equity and real estate structures and Caribbean hedge funds, we have advised on a number of alternative and esoteric classes. We work alongside our clients to understand their investment thesis and provide bespoke drafting to build the fund they want as opposed to generic template structures and documentation. We advise clients at every step of the process, including preparing offer documents, investor negotiations, the preparation of agreements, and in the closing of transactions.

Demand continues to rise for legal professionals with a strong knowledge and understanding of Shariah law concepts continues, a reflection of the growth in Islamic finance products and services for institutions and private clients. Our team of experienced finance lawyers regularly works with onshore law firms, banks, managers and service providers to assist clients in the UK, the Middle East and Asia, as well as trust and corporate service providers servicing clients in this area.

When considering a move offshore, it's essential to seek advice from experienced advisers who know the market inside out. Our property teams regularly help newcomers to the Cayman Islands, Guernsey and Jersey in acquiring new homes and/or business premises and guiding them through the relocation process. We act for many high-net-worth individuals and high-value residents.

Alongside companies and wills, family trusts are still a very popular tool for estate planning and asset protection – perhaps even more so in the light of the envisaged changes to the UK non-domiciled regime. Family foundations are proving to be a popular new tool for families looking to ensure their wealth and assets are protected for future generations. We establish trusts and foundations for local and international families to preserve family businesses and ensure appropriate succession planning. We work closely with tax advisers in order to ensure that any new family trust or foundation fits with a family's overall tax position and will be a workable long term, cost efficient structure. Discretionary trusts are still the most popular but we can also advise on fixed trusts, will trusts and pension trusts.

Restructuring takes many forms, and we have broad experience in reshaping businesses to the changing needs and demands of the market. The team possesses a hands-on and comprehensive grasp of the intricate challenges that may emerge in restructuring scenarios, whether involving mergers, acquisitions, reorganisations or recapitalisation activities.

Our risk and regulatory team provides legal support to businesses applying local rules regarding foreign tax reporting and production orders. Our goal here is to ensure our clients remain compliant, while conducting their business efficiently and in line with their clients interests and expectations.

We represent beneficiaries, high-net-worth individuals, trustees, protectors and other power holders in a range of contentious and semi-contentious situations. Our lawyers have been at the forefront of the most complex, high-value private wealth litigation offshore. 

We often deal with novel points of law, creating new and innovative solutions to meet the needs of our clients.

Given the international nature of private wealth, with clients and their assets spread across the world, we work as a joined-up global team so that our clients can benefit from the knowledge and experience wherever they may need it.

Managing wealth, asset preservation, planning for succession and inheritance, and writing wills can be a complex and difficult experience. It's important to ensure that your assets are distributed according to your wishes and that your family and/or successors are taken care of.