BVI in Europe
BVI structures are utilised throughout the world, in both mature and emerging markets.
To best serve clients needs we have structured our business to include teams of BVI qualified lawyers in all times zones, with the result that in addition to having BVI lawyers based permanently in our BVI office, we also have experienced teams of BVI lawyers in our Jersey, Guernsey and Hong Kong offices which enable us to provide BVI and local law advice directly from Europe and Asia.
Our BVI in Europe team includes specialists with decades of experienced gained in BVI in senior roles, including the most recent past two Chairmen of the FSC's Securities and Investment Business Mutual Funds Advisory Committee (SIBAC), committee members of the BVI Investment Funds Association and members of other consultation committees established by the BVI Government to advise on regulatory changes.
Banking and Finance
Ogier's Banking and Finance team provides advice relating to deals with commercial lending facilities, acting for both lenders and borrowers, together with the associated share and asset security packages, structured financing (including the establishment of MTN programmes) and asset finance. We have a strong focus on fund and real estate financings and are supported by global dispute resolution and restructuring and insolvency teams.
Our Corporate team provides advice on capital markets (debt and equity), pre-IPO investments, IPOs (including SPACs), PIPEs and secondary offerings, downstream private equity acquisitions and disposals, take-privates, joint ventures, mergers and acquisitions, schemes and plans of arrangement, liquidation services and general corporate advisory and opinion work. We work across all asset classes with a particular focus on real estate, natural resources, telecommunications, fintech and IT.
Our Dispute Resolution team advises on the technical, strategic and procedural aspects across a spectrum of disputes. Frequently multi-jurisdictional in nature, this includes advice in relation to trusts, companies, shareholder issues, distressed funds, director’s duties, investment performance, banking and other financial transactions, as well as fraud and asset tracing claims, and all aspects of the regulatory framework within which our clients must operate.
Our investment funds team advises on the formation, licensing and ongoing advisory services to hedge funds, real estate funds, venture capital funds and private equity funds, including advising such funds on co-investment vehicles and downstream investments. We also advise investment managers choosing to domicile their investment management entity in the BVI, fund administrators providing services to both BVI and non-BVI funds and institutional investors in such funds.
Our regulatory team provides BVI regulatory advice in relation to the carrying on of all forms of financial services activities/ businesses in the BVI, both for clients looking to use BVI structures to provide "investment business" services and also by clients seeking to market financial products into the BVI. We also advise in relation to considerations applicable for and compliance with each of the BVI's anti-money laundering regulations, economic substance regime and FATCA/CRS AEOI requirements. We also have substantial experience in advising in relation to mergers and acquisitions transactions involving regulated entities, including advising in relation to the associated regulatory consent applications with the FSC's Banking and Fiduciary Services Division or Investment Business Division, as applicable.
We act for trustee companies, private individuals, commercial organisations, onshore law firms and charities and other philanthropic organisations, advising on structuring and restructuring using trusts, private trust companies and foundations.