Banking & Finance

Our banking and finance practice group has experience in all phases of financing involving a BVI element and can provide legal opinions on the capacity of BVI entities to enter into financing arrangements, including transaction involving:

• Acquisition finance
• Cash-flow and asset-based lending
• Ship financing
• Cross-border financing
• Debtor-in-possession financing
• Exit financing
• Restructurings
• Investment grade financing
• Structured finance
• Derivatives
• Bridge financing
• Asset-backed securitization especially those with respect to ships
• New money transactions

Family

Our family practice group can assist with marriages in the British Virgin Islands, including filing applications for marriage licenses and drafting prenuptial agreements. We are also committed to resolving domestic disputes and can assist in the filing for adoption and preparing child custody agreements, as well as applications for separation or divorce when the marriage unfortunately breaks down.

Immigration & Employment

Our immigration and employment practice group has experience in assisting clients in preparing immigration plans as part of starting, acquiring, merging or spinning-off a business in the British Virgin Islands, as well as providing immigration compliance audits on all staff within an organization, including:

• Entry permit applications
• Extensions
• Passport applications
• Residency applications
• Naturalization applications
• Work permit applications
• Unfair dismissal claims
• Advising on contracts of employments
• Advising on staff policies
• Advising on terminations, redundancies and temporary lay-offs

Insolvency

Our insolvency practice group will collaborate with other practice groups to provide seamless advice on business recovery solutions including:

• Debt restructuring such as workouts
• Company Liquidations
• Administration, including pre pack administration
• CVAs
• Administrative receivership

Intellectual Property

Our intellectual property practice group is an active member of the International Trademarks Association (INTA) and seeks to advise on and protect the estimated two-thirds of the value of most businesses which can be traced to intangible assets such as intellectual property rights. We will provide intellectual property solutions in relation to copyrights and its related rights, patents, trademarks and database rights. We also specialize in the securitization of IP assets by the incorporating of BVI companies that hold the IP assets and can provide registration and protection of trademarks and patents in the British Virgin Islands while coordinating prosecution across the wider Caribbean region.

Mergers & Acquisitions

Our mergers and acquisitions practice group has experience in mergers and acquisitions, representing acquirers, private equity funds, targets and sellers in private and public transactions, as well as complex structural and corporate issues associated with share purchases, recapitalizations, joint ventures, strategic alliances, spin-offs, leveraged buyouts and equity/debt investments, related party transactions such as going private deals on behalf of directors, shareholders or committees, and in collaboration with our intellectual practice group can handle deals with complex intellectual property issues.

Financial Regulatory

Our financial regulatory practice group is equipped to handle enforcement and regulatory issues in relation to hedge funds, banks and other financial services providers with licensing, including various exceptions to the licensing regime, and in collaboration with other practice groups we advise on mergers and acquisitions of regulated entities, including assumption agreements, securitization, foreclosures, litigation, privacy issues and asset management. We advise clients on regulatory compliance issues and defend clients in all aspects of enforcement proceedings which involve:

• Regulatory initiatives and legislation
• New service development and compliance
• Capital adequacy and related issues
• Derivatives and innovative financial products
• Specialty lending
• Payment systems
• Mobile payments
• Stored-value systems
• Debit networks

Trade Regulatory

Our trade regulatory practice group combines traditional legal skills with familiarity with the legislative and executive processes in the British Virgin Islands, including working as lobbyists with government and its agencies. We provide advice in relation to the sale of goods through supplier-retailer arrangements, as well as franchising agreements that involve a seamless collaborative effort with our intellectual property practice group. Although there is no corporate taxation in the BVI, we also advise on the tax implication of any business transaction in the British Virgin Islands, including social security payments, and represent clients in appeals from decisions and assessments of the Inland Revenue Department.

Additionally, our trade regulatory practice group assists clients to manage their import processes involving customs laws and regulations such as seizures, detentions, investigations, audits and penalty proceedings. The primary aim of the trade regulatory practice group is to ensure the supply of goods and services continues with minimal interruption and penalties or sanctions.

Shipping

Our shipping practice group includes matters related to sale and acquisition of ships such as ship financing, charter party disputes, cargo claims, shipbuilding, freight futures and derivatives, as well as conversions and repair disputes. The practice group also provides advice in relation to collisions and other major casualties, and salvage, wreck removal and pollution, and their associated insurance.

Telecommunications

Our telecommunications practice group can assist in relation to indefeasible right to use and building access agreements, shared resource contracts, vendor financing and other finance agreements. Working in a collaborative effort with the other practice groups to provide proven solutions to our telecommunications clients, it will involve licensing requirements with the Telecommunications Regulatory Commission, and other trade related matters as well as a full suite of corporate advice, such as handling the regulatory issues involved in a merger or acquisition, as well as a sale and purchase of a telecommunications service provider.

Trusts & Estates

Our trusts and estates practice group is involved in real estate transactions that involve:

• Acquisitions and dispositions
• Complex financing and capital formation projects including loan origination and formation of investment vehicles
• Development and redevelopment
• Economic incentives
• Equity investment
• Leasing and asset management
• Sale/leaseback transactions
• Property insurance coverage matters
• Construction and infrastructure