Fiona Wilson 

Offshore vehicles are used for a huge range of purposes either standing alone or as part of large multi-jurisdictional structures. Our highly commercial team specialises in advising clients on the most effective uses of such vehicles and their on-going operation, including normal and cellular companies as well as foundations, unit trusts, limited partnerships and limited liability partnerships. Our experienced team also provides commercial contracts for clients whether bespoke documents to effect specific transactions or suites of precedent documents for company service providers or offshore groups.

We are able to assist local businesses on locally applicable competition laws, including mergers and acquisitions processes and approvals and exemptions, as well as advising on the increasingly complex legislation related to anti-competitive behaviours and agreements between businesses and the abuse of a dominant position in a market.

It is important for businesses to understand what constitutes a dominant market position in order to avoid unnecessarily or unknowingly becoming involved in anti-competitive practices, especially during mergers and acquisitions. Penalties can be significant and, potentially, directors may be disqualified or worse. In addition to regularly gaining merger approvals, our commercial team also advise a number of major businesses on the practical effect of the competition regimes on their businesses.

Our team has a wealth of experience advising on all aspects of corporate acquisitions providing seamless support from agreeing heads of terms all the way through to completion.

With a depth of multi-jurisdictional experience our offices in BVI, Cayman, Guernsey, Jersey, London and Singapore, we ensure that advice is provided in the context of other key global offshore centres and with a knowledge of the bigger, global picture. Our clients appreciate our pro-active attitude to providing sensible user-friendly advice, our accuracy and honesty in our approach to pricing matters, and our senior level involvement in all matters to ensure smooth progress and client satisfaction. In an increasingly complex, competitive and more tightly regulated market, we'll make sure your business or commercial venture reaches its full potential.

Good corporate governance and a sound understanding of directors duties is important to companies. Regardless of size, establishing a best practice approach should be fundamental to all boards. The board of directors are responsible for ensuring the company achieves its objectives and the corporate governance framework they adhere to should underpin their accountability to the company and its members. We advise company boards in relation to both the non-contentious and contentious aspects of shareholder relations with a focus on corporate governance to prevent contentious issues arising. We have also advised both boards and activist shareholders in relation to highly contentious general meetings and associated issues arising out of investor actions.

Data is the most valuable asset for many of our clients and data protection is a growing facet of offshore business. We have advised a number of institutional clients on their commercial obligations in terms of data security and data protection and regularly provide advice on contract terms in this difficult area. We also have significant experience in using the full range of legal remedies available to obtain access to data and information held, and so are ideally placed to advise clients on either side of the data protection equation.

Our experienced team will handle the due diligence process, from initial requests for information and documentation, transitioning to the review phase, making further requisitions as necessary and producing a comprehensive due diligence report setting out key issues and areas for risk mitigation.

In the insurance and banking sectors, a business restructure can prove difficult without the backing of statutory procedures and court approvals that facilitate the transition of policy holders or account holders from one enterprise to another. Understandably, this process requires careful consideration by the Courts to ensure those parties are treated fairly and appropriately. Our team has significant experience in this space, acting for insurers and banks looking to divest, acquire or restructure their arrangements.

Mergers & Acquisitions

The regulatory environment both in local jurisdictions and internationally, is becoming increasingly complex at a time when regulatory agencies are becoming more zealous in their approach to enforcement and investigations. We guide clients through the impact of enforcement of investigatory actions by regulatory bodies, offering dedicated strategic advice on a broad range of issues including enforcement notices, governance matters, complaints, insider trading and dealing and market manipulation.

Collas Crill's market leading Risk and Regulatory team provides full support to financial services clients in all aspects of their interactions with regulators. We have achieved outstanding results for our clients through providing timely advice and representation in the course of an investigation, through to robust representation where this is required.

As part of the firm's multi-disciplinary Risk and Regulatory practice, the Corporate and Commercial team is able to advise clients on the establishment and structuring of the full range of regulated service in our jurisdictions. Our experience allows us to shape licence applications to fit regulatory expectations as well as tailoring procedures and processes to reflect the latest and best practices in compliance and corporate governance. Our services include general regulatory and compliance advice and support, non-Financial Services Regulatory matters including utilities, data protection and corporate governance, due diligence, reviews, audits and health checks. We advise clients from a diverse client base with a focus on the financial services industry including fund administrators, trust companies, banks, investment managers, local companies and individuals.

Collas Crill's multi-disciplinary approach to providing Risk & Regulatory services ensures that every aspect of our clients' businesses is covered. By drawing on the skills and experience of a highly experienced team of lawyers with expertise from across the firm, we are able to deal with all legal compliance issues that could affect your business, whether contentious or non-contentious. The assistance we are able to provide ranges from strategic matters to specific operational issues.

Collas Crill's Risk and Regulatory team provide contentious and non-contentious advice and support, primarily for local financial services businesses, in complying with Sanctions and Anti-Money laundering regulations. Our work ranges from initial strategic advice, liaison with stakeholders - including regulators, investigations and prosecution authorities, and clients – to litigation, where required.

Restructuring takes many forms, and Collas Crill's Corporate, Finance and Funds team has broad experience in reshaping businesses to the changing needs and demands of the market. For financially distressed companies in need of restructuring and reorganisation, or for those where the opportunity to do so has passed or failed, we work with our insolvency and restructuring team to achieve the most beneficial outcome. At any stage, our involvement will assist in identifying on-going risks and opportunities, as well as managing deteriorating relationships with creditors, financiers, investors or other interested parties. The team brings a wealth of experience from a range of backgrounds to give quick, accurate, commercial advice.