| Course Details |
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| (Webinar via Zoom) Accessing Information in respect of BVI Companies and Cayman Companies and Exempted Limited Partnerships |
| 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
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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).
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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.
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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.
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| Category: |
Offshore Jurisdictions |
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Bookings & Payments
To reserve a seat, please fax the completed booking form to us. We will send out a written Booking Confirmation either by fax or by email to confirm your booking, normally within 48 hours after receiving the booking form. Payment should be made upon we send the Booking Confirmation to you, or together with the booking form if the booking is received within seven (7) days of the course. You are advised to contact us to confirm your place if you have not received the Booking Confirmation prior to the commencement of the course.
Cancellation
In case of cancellation of a booking, you must inform us in writing at least seven (7) days before the date of the course, and a full refund will be issued (less of HK$300 administration fee). Cancellation of unpaid bookings will incur a HK$300 administration fee and the cancellation will not be deemed effective until payment of such fee is received. No refunds will be given and any outstanding amounts remain payable in full if the written notice of cancellation is made less than (7) days before the date of the course.
Transfer
If you cannot attend a booked course, you must inform us in writing at least 24 hours before the commencing time of the course. You may then:
- Transfer the booking to a replacement delegate;( Not available for Individual Discount Packages)
- Transfer your booking to another course, to be held before 31 October 2025; or
- Request a credit voucher, to be used on another LexOmnibus CPD course to be held before 31 October 2025.
No attendance
Once a booking is confirmed and no written notice of cancellation is received by us within the specified time as mentioned above, if a delegate has not settled the payment for a course and fails to attend, for whatever reason, the course fee will remain payable in full. To be awarded CPD points, full attendance of all parts of the conference is required. If you arrive later, or fail to attend a course, your course fee will not be waived, refunded or a credit voucher issued.
Weather
In the event that the No.8 typhoon signal is hoisted or the Black Rain Storm warning is raised within 2.5 hours of the course or is due to be raised during the course, the course will be cancelled. In the event of cancellation due to bad weather, the course will be rescheduled or a credit note issued. No refunds will be given.
Record of Attendance
A certificate of attendance can be provided at a cost of HK$40. Alternatively, a verification of attendance in letter format, along with the original payments receipt is available, at a cost HK$40. Please apply in writing to request either a certificate or verification letter subsequent to the course.
Conference Venue
All the conferences, except webinars, will be taken place in Central. The address of the conference venue will be notified by email, and via the website.
Other Terms
- We may reschedule, vary the details of a course at any time without liability. If we cancel or reschedule the course, except due to the weather conditions indicated, a credit note will be issued.
- Any bank charges and/or expenses incurred as a result of bounced cheques shall be borne by the delegates.
- LexOmnibus will not issue an invoice for registration of a course except under special circumstances and LexOmnibus reserves the right to charge an administration fee for providing that service.
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