Loeb Smith Attorneys

Loeb Smith Attorneys Loeb Smith Attorneys is an offshore corporate law firm with offices in the British Virgin Islands (B

Loeb Smith Attorneys is an offshore corporate law firm with offices in the British Virgin Islands (BVI), Cayman Islands and Hong Kong which delivers a high quality Partner-led professional service at competitive rates. We are Cayman Islands law and BVI law specialists on international corporate, investment and finance transactions. We have an excellent track record of advising investment fund managers, in-house counsels, financial institutions, onshore counsels, banks, companies, and private clients to find successful outcomes and solutions to their day-to-day issues and complex, strategic matters. Our firm provides advice and guidance on Cayman Islands law and BVI law relating to investment funds (hedge funds, private equity funds, real estate funds, and other asset classes), mergers and acquisitions, capital markets, Blockchain technology transactions, private equity transactions, corporate, corporate governance, governance and risk, banking and finance, corporate services, regulatory compliance, corporate insolvency and restructurings. We are extremely proud of the high quality of our Partner led service to our clients who continue to retain and recommend our services as a result of our creative solutions to their business issues. Our clients continue to retain our services as a result of our responsiveness, knowledge of their business issues and proven ability to deliver results that seek to maximize commercial advantage for them whilst minimizing their legal risk. Please note that updates, comments and other content published on pages managed by Loeb Smith Attorneys may contain information of general interest about current legal issues, but do not give or purport to give legal advice. Expertise

Investment Funds, Capital Markets, Corporate insolvency and restructurings, M&A, Commercial litigation, Corporate, Banking & Finance, Private Equity transactions, Corporate & Liquidation services, Blockchain & Technology transactions.

Cayman Islands – Guiding Principles for General Partners of private equity funds and venture capital funds in Response t...
20/05/2026

Cayman Islands – Guiding Principles for General Partners of private equity funds and venture capital funds in Response to Information Requests from Limited Partners

A provision that has generated considerable litigation and judicial guidance -general partners of Cayman Islands private equity funds and venture capital funds which are structured as exempted limited partnerships (“ELPs”), should be aware of it. Click to read. https://www.loebsmith.com/insight/cayman-islands-guiding-principles-for-general-partners-of-private-equity-funds-and-venture-capital-funds-in-response-to-information-requests-from-limited-partners/

Many congratulations to Partner Vanisha Harjani who was recognised by ALB Offshore Client Choice 2026. Asian Legal Busin...
20/05/2026

Many congratulations to Partner Vanisha Harjani who was recognised by ALB Offshore Client Choice 2026. Asian Legal Business spotlights the offshore lawyers across Asia who have earned the strongest recognition from their clients.

Vanisha Harjani has earned client trust through her solid expertise in cross-border matters and is recognised for the complexity and innovation of her work. Recently, Vanisha led the Hong Kong Loeb Smith Attorneys team acting as BVI counsel in one of the most prominent capital markets deals in Asia winning the Best Structured Finance Deal of the Year (Hong Kong - FinanceAsia Achievement Awards) and Significant Deals 2026 – Best Securitization (North Asia- Hong Kong - The Asset Triple A Awards) for the Hong Kong Capital Finance Corporation Limited (HKCFC)’s residential mortgage-backed securitisation (RMBS) transaction, as arranged by United Overseas Bank with HKCFC MBS 5 Limited as the issuer (Issuer) Notably, this transaction marked Hong Kong’s first rated RMBS in more than two decades, marking a milestone for Hong Kong’s capital markets and promoting greater funding diversification among newer originators despite a challenging residential property market.

Well-deserved, Vanisha! Cheers to more!

To learn more about Vanisha and Loeb Smith please visit: https://www.loebsmith.com/

Cayman Islands – The latest position regarding tokenised fundsThe Cayman Islands’ Mutual Funds (Amendment) Act, 2026 and...
12/05/2026

Cayman Islands – The latest position regarding tokenised funds

The Cayman Islands’ Mutual Funds (Amendment) Act, 2026 and the Cayman Islands’ Private Funds (Amendment) Act, 2026 both came into force as of March 24, 2026. The Mutual Funds (Amendment) Act, 2026 established a comprehensive regulatory framework for “tokenised mutual funds”, defining them as funds with equity interests represented by digital equity tokens. It mandates enhanced record-keeping, operator approval for transfers, and specific risk disclosures. The Private Funds (Amendment) Act, 2026 amends the Private Funds Act to define “digital investment tokens”, and mandates strict record-keeping, operator-approved transfers, and risk disclosures for funds where interests are represented by digital tokens.

The key takeaway from the changes introduced is that tokenised funds are to be regulated within the existing Cayman Islands Monetary Authority (CIMA) funds regulatory framework, rather than as separate virtual asset entities.

What are the key changes introduced by both Acts?

Keep reading on the link below.

https://www.loebsmith.com/insight/cayman-islands-the-latest-position-regarding-tokenized-funds/

Exempted limited partnerships (“ELPs”) are a form of Cayman Islands partnership which are commonly used in investment fu...
31/03/2026

Exempted limited partnerships (“ELPs”) are a form of Cayman Islands partnership which are commonly used in investment fund structures, particularly closed-ended private investment funds. This can be contrasted with open-ended mutual funds which are typically structured using a Cayman Islands exempted company.

There are a broad number of funding arrangements available to Cayman Islands investment funds and also to investors in them.

To read more and find out how creditors take security over limited partnership interests in a Cayman Islands exempted limited partnership visit the link below:
https://www.loebsmith.com/insight/how-do-creditors-take-security-over-limited-partnership-interests-in-a-cayman-islands-exempted-limited-partnership/

Deadline Extension Notice – Cayman Financial InstitutionsThe DITC has extended the deadline to appoint a Cayman-based Pr...
31/03/2026

Deadline Extension Notice – Cayman Financial Institutions

The DITC has extended the deadline to appoint a Cayman-based Principal Point of Contact (PPOC) to 31 January 2027 for Financial Institutions (e.g. Investment Funds, Investment Managers and Discretionary Investment Advisers) established on or before 31 December 2025. Failure to comply may attract an administrative penalty of up to CI$10,000 (approx. US$12,200).

Contact our law firm for guidance on how to stay fully compliant and effectively manage regulatory risk.

[email protected]

The Cayman Islands has historically been a jurisdiction for Captive insurance companies and is currently one of the lead...
31/03/2026

The Cayman Islands has historically been a jurisdiction for Captive insurance companies and is currently one of the leading Captive hubs in the world, both in terms of number of Captive insurance companies and total assets under management, owing to Cayman’s world-wide reputation as a highly professional, yet business friendly and well-regulated environment with a philosophy of imposing proportionate, risk-based regulations and rules backed by consistency of enforcement. In particular, the Cayman Islands is the absolute leader domicile for healthcare sector Captives, with healthcare-related Captives taking up over a third of Cayman’s Captive industry.

To read more on the state of the Captive Insurance Industry in the Cayman Islands, types of captives and establishing a Captive in the Cayman Islands, please visit the article on the link below:

https://www.loebsmith.com/briefing-note/captive-insurance-in-the-cayman-islands-2/

In our Regulatory series Partner Liz Kenny shared insights on Cayman Islands Funds and Managers regarding Outsourcing. R...
31/03/2026

In our Regulatory series Partner Liz Kenny shared insights on Cayman Islands Funds and Managers regarding Outsourcing. Read the article on the link below to find out what a regulated fund or manager has to do to comply with the CIMA's Guidance, what outsourcing covers and more.

For assistance in relation to your regulated entity’s outsourcing arrangements, including drafting/ reviewing outsourcing agreements, carrying out a gap analysis, or preparedness audit in readiness for a CIMA inspection, please reach out to the Loeb Smith on the link below.
https://www.loebsmith.com/briefing-note/regulatory-series-cayman-islands-funds-and-managers-outsourcing/

The Cayman Islands Government has issued the International Tax Co-operation (Economic Substance) Act (2026 Revision) (th...
31/03/2026

The Cayman Islands Government has issued the International Tax Co-operation (Economic Substance) Act (2026 Revision) (the ES Act). This new updated legislation in respect of economic substance consolidates previous amendments made up to 31 December 2025 and replaces the 2024 Revision of the ES Act as the current authoritative version of the legislation.

The new 2026 Revision does not introduce substantive changes to the economic substance regime. Rather, it consolidates prior amendments and updates statutory cross-references, ensuring alignment with related Cayman Islands corporate legislation amended during 2024 and 2025.

Read further here: https://www.loebsmith.com/briefing-note/cayman-islands-economic-substance-regime-what-the-2026-revision-means-for-in-scope-entities/

Some time ago, the tokenisation of assets moved beyond the experimental stage in the context of investment funds in the ...
31/03/2026

Some time ago, the tokenisation of assets moved beyond the experimental stage in the context of investment funds in the Cayman Islands. What perhaps began as a niche exercise in representing interests on a is increasingly being proposed by mainstream sponsors as a way to broaden distribution, reduce administrative friction and, in theory at least, to improve secondary market liquidity.

The has already taken a pragmatic step by clarifying that properly structured tokenised fund interests do not, of themselves, trigger regulation under the Virtual Asset Service Provider (VASP) regime, which had previously been a grey area that resulted in an understandably cautious approach.

Partner Robert Farrell provides an analysis on the topic and you can read it on this link: https://www.loebsmith.com/insight/tokenised-investment-funds-in-the-cayman-islands-new-benefits-and-old-rules/

Subscription credit facilities – also known as “sub-lines” or “capital call facilities” – have gained prominence in rece...
31/03/2026

Subscription credit facilities – also known as “sub-lines” or “capital call facilities” – have gained prominence in recent years as flexible financing options for private equity sponsors and fund managers operating within the Cayman Islands and British Virgin Islands (BVI).

Vanisha Harjani of Loeb Smith Attorneys highlights key features, legal considerations and strategic advantages associated with these structures. Article first published in with Asia Business Law Journal.

https://www.loebsmith.com/insight/cayman-bvi-subscription-credit-facilities-key-guide-for-pe/

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