Offshore Lending and Financing: A Practical and Legal Handbook for Lenders, Borrowers, Investors and Their Professional AdvisersWritten for the international banking and financial services community, their advisors and offshore companies, this is the first book comprehensively to address the principles and practice of bank lending to offshore tax haven entities. Highly practical in its analysis of lending considerations via this secretive sector, it also contains a comparative study of law and practice in key offshore jurisdictions. |
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Contents
foreign law concepts and terms | 13 |
Income and Corporation Taxes Act 1988 59 76 77 100 | 20 |
The significance of legal personality | 34 |
Introduction | 48 |
State Immunity Act 1978 61 81 | 57 |
Abbott Industries v Warner Jersey judgment unreported | 63 |
13 | 65 |
Ashbury Railway Carriage and Iron Co v Riche 1875 L R 7 H L 653 | 71 |
Regulation of Undertakings and Development Jersey Laws 19731975 145 | 164 |
Treaty of Accession 1972 10 143 173 196 217 | 173 |
Isle of | 195 |
Bankers Books Evidence Act 1935 | 197 |
Trust Companies Act 1981 274 | 208 |
Gibraltar | 216 |
1 | 220 |
Judgments Reciprocal Enforcement Ordinance | 229 |
14 | 81 |
C K Construction Ltd 1975 S T C 345 59 | 85 |
Considerations when lending to trustees | 87 |
Introduction | 96 |
Bank of America Trust Re 19921993 C I L R 574 253 | 104 |
4 | 109 |
J H S Timber Ltd v Quirk 1973 S T C 111 59 | 111 |
Foreign law legal opinions | 117 |
Jersey | 141 |
Judgments Reciprocal Enforcement Jersey Law 1960 167 | 145 |
Powers of Attorney Jersey Law 1995 153 | 153 |
Partnership Law 1983 264 265 266 | 161 |
The Cayman Islands | 235 |
Reciprocal Enforcement of Judgments Act | 248 |
Guernsey | 256 |
Exempted Limited Partnership Law 1991 | 265 |
Introduction | 271 |
Bermuda Constitution Act 1967 | 272 |
Limited Partnership Act 1883 | 285 |
Enforcement | 288 |
291 | |
292 | |
295 | |
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Common terms and phrases
accordance agreement allow amended and/or applicable law appropriate arising assets assistance authorisation authority bank Bermuda borrower capacity capital Cayman Islands Chapter charge common Companies Acts Companies Law concerned connection considered constituted contained contract corporate courts determine directors disclosure domicile drug trafficking duty enforcement English ensure entered example execution exempted existence foreign law fund Gibraltar given governed grant Guernsey held holding income incorporated individual insolvency interest investment Islands Isle issues Jersey jurisdiction lawyers legislation lender lending liability limited partnership matter meeting memorandum moveable obligation obtain offence offshore centre opinion otherwise particular party person powers proceedings proper pursuant reference registered Regulations relation relevant resident resolution respect restrictions security interest shareholders shares statement territory transaction documents trust trust instrument United Kingdom valid winding-up