Offshore Lending and Financing: A Practical and Legal Handbook for Lenders, Borrowers, Investors and Their Professional AdvisersWoodhead Publishing, 5. dets 1997 - 320 pages Written 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. |
From inside the book
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Contents
an introduction | 3 |
1 | 9 |
2 | 16 |
Income and Corporation Taxes Act 1988 59 76 77 100 | 20 |
2 | 22 |
The need for due diligence | 27 |
4 | 34 |
Considerations when lending to individuals | 44 |
Powers of Attorney Jersey Law 1995 153 | 153 |
Partnership Law 1983 264 265 266 | 161 |
Regulation of Undertakings and Development Jersey Laws 19731975 145 | 164 |
Recent or anticipated developments | 170 |
Treaty of Accession 1972 10 143 173 196 217 | 173 |
8 | 177 |
9 | 192 |
Bankers Books Evidence Act 1935 | 197 |
State Immunity Act 1978 61 81 | 57 |
Abbott Industries v Warner Jersey judgment unreported | 63 |
Considerations when lending to companies | 68 |
Ashbury Railway Carriage and Iron Co v Riche 1875 L R 7 H L 653 | 71 |
3 | 74 |
C K Construction Ltd 1975 S T C 345 59 | 85 |
Introduction | 87 |
Enforcement against trustees | 95 |
Considerations when taking security | 101 |
Bank of America Trust Re 19921993 C I L R 574 253 | 104 |
7 | 107 |
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 |
Trust Companies Act 1981 274 | 208 |
14 | 216 |
Judgments Reciprocal Enforcement Ordinance | 229 |
The British Virgin Islands | 235 |
8 | 248 |
Guernsey | 256 |
Exempted Limited Partnership Law 1991 | 265 |
17 | 271 |
Bermuda Constitution Act 1967 | 272 |
8 | 283 |
Limited Partnership Act 1883 | 285 |
290 | |
291 | |
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Common terms and phrases
amended applicable law arising articles of association assets Bailiwick of Guernsey bank bankruptcy Bermuda capacity Cayman Islands Chapter collective investment scheme common seal Companies Acts Companies Law company incorporated constituted contract corporate creditors determine directors disclosure domicile drug trafficking Drug Trafficking Offences Due authorisation enforcement English courts example execution exempt company existence forced heirship foreign company foreign law connection foreign law legal foreign law opinion Gibraltar grantor of security immoveable property income insolvency intangible moveable property Isle issues Jersey jurisdiction law legal opinion lawyers legal personality legislation lender should ensure lender should note lending liability limited liability partnership limited partnership money laundering non-resident obligation offshore centre otherwise party proceedings proper law proper or applicable purpose purpose trust pursuant registered office Regulations relation relevant resident Royal Court security interest shareholders special resolution system of law tangible moveable transaction documents Trusts Law United Kingdom valid winding-up