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(Webinar via Zoom) Accessing Information in respect of BVI Companies and Cayman Companies and Exempted Limited Partnerships
Fleur O'Driscoll, Partner, Baker & Partners (Cayman) Limited
Date: 16 October 2025 (Thursday)
Time: 2:30pm - 5:45pm
Level: I (Intermediate)
For delegates who have prior knowledge of the subject area
Language: English
Fee: HK$ 1,850
Accreditation: (3 CPD Points will be applied for)
Ref: L25OJ02
Venue: Webinar Course
Presenter's Biography:

Fleur is a Partner based in the Baker & Partners Cayman Islands office specialising in commercial and civil disputes and insolvency.

Fleur's disputes practice encompasses corporate, commercial, funds, cryptocurrency and trusts together with just and equitable winding up proceedings and Cayman Islands post-privatisation share valuation disputes.

Fleur has developed a particular expertise in managing high value, multi-jurisdictional disputes involving Hong Kong-listed, Singapore-listed and US-listed companies and is skilled at advising stakeholders regarding the convening and management of contentious general meetings and shareholder activism generally.

She regularly advises clients in the context of large-scale cross-border insolvency and restructuring mandates, including the appointment of Cayman Islands provisional liquidators in aid of US Chapter 11 proceedings and winding up proceedings in respect of Cayman incorporated, listed companies (NASDAQ/NYSE, HKEX, SGX and TWSE).

Fleur also has extensive experience acting for out-of-court receivers together with experience in fraud and asset tracing and enforcement work (arbitral awards and foreign judgments).

Fleur joined Baker & Partners in 2025 having practised with other offshore firms in the Cayman Islands, BVI and Hong Kong since 2011. Over the past decade, Fleur has split her time between the Cayman Islands and Asia and has accumulated significant experience advising Asia-based clients in respect of contentious offshore matters.

Fleur is admitted as a lawyer in the Cayman Islands, BVI, Ireland (non-practising), England & Wales (non-practising) and New York (non-practising).
 
Objective:

Cayman and BVI entities are a feature of modern, commercial life in Asia.

There exists a general misconception that the Cayman Islands and the BVI are ‘secrecy' jurisdictions. This is not true. Information is available in respect of companies incorporated in the Cayman Islands and the BVI, though the extent of the available information may be less than what is available in respect of companies incorporated onshore.

This seminar is relevant to lawyers in Hong Kong, who interact with these types of entities on a regular basis in respect of transactional work or those who act on behalf of creditors pursuing Cayman or BVI entities to enforce a debt.

This three-hour seminar will aim to cover the following topics:

  • Why Hong Kong-based lawyers might wish to access information in respect of BVI company information and Cayman company and ELP information?
  • An overview of the publicly available information in the BVI and the Cayman Islands;
  • Other sources of information (e.g., SEC filings, HKEX, ICRIS);
  • Company insiders' rights to information;
  • How to get information from the registered agent, including Norwich Pharmacal Orders;
  • Other examples of Court applications which may assist with investigations;
  • Beneficial ownership regimes in BVI and the Cayman Islands;
  • Discussion of recent practical examples including injunctive relief in aid of enforcement action (a PRC judgment), injunctive relief in aid of PRC divorce proceedings and a recent example of a Chinese wife using the Cayman legal system to compel disclosure of information relating to her husband's assets valued at approximately US$70 million. This was in the context of ongoing divorce proceedings between the Chinese couple.
  • Key takeaways.

 
Outline:

  • When would one need to access information in respect of Cayman Islands or BVI companies? Due diligence, investigations, disputes, compliance and enforcement.

  • What sort of information is available? Information about the company's assets and incumbrances? Information about the company's ownership and control?

  • Analysis of the publicly available information in the BVI, including the likely disclosure of the company's register of members, and director searches.

  • Analysis of the publicly available information in the Cayman Islands, including director searches and the available searches in respect of an ELP.

  • Consideration of whether the Cayman and BVI director searches are conclusive evidence as to who is (or is not) a director of the company.

  • Consideration of alternative sources of information (e.g., SEC filings, HKEX filings).

  • A discussion of company insider rights in the Cayman Islands and BVI and how they can be utilized to your client's advantage.

  • Who may get information from the registered agent/registered office provider in the BVI and Cayman?

  • A detailed analysis of the Norwich Pharmacal jurisdiction in the Cayman Islands and BVI, including the availability of ‘seal-and-gag' orders and the practical implications of the Cayman Companies Information Disclosure Act.

  • Consideration of when and how other applications may be issued in BVI and the Cayman Islands to obtain information.

  • The use of foreign tools, including the use of 28 U.S. Code §1782, to obtain information.

  • A detailed analysis of the new beneficial ownership regimes in BVI and the Cayman Islands (including amendments to the BVI Business Companies Act, the Cayman Beneficial Ownership Transparency (Legitimate Interest Access) Regulations, 2024 and the Cayman Beneficial Ownership Transparency (Access Restriction) Regulations, 2024) and whether these new regimes will expand rights of access in a meaningful way.

  • Discussion of recent key cases including Jie ‘Irene' Shen v Inspire Inc and Xiaohu ‘Tiger' Xie [2025] CIGC (FSD) 58.

  • Concluding remarks and Q&A session.

    •  
Category: Offshore Jurisdictions
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