Subscription finance cross-jurisdiction analysis

Ogier's global fund finance team comprises experts located across all major international time zones.

Ogier has nine offices with locations in the BVI, the Cayman Islands, Guernsey, Jersey, Hong Kong, London, Luxembourg, Shanghai and Tokyo.

Whilst the security package for a subscription facility will typically include security over (a) uncalled capital commitments, (b) the right to call capital and enforce payment from investors, and (c) the bank account into which capital commitments are deposited, there are local security considerations to take into account depending on the particular jurisdiction where the fund is located.

In this autumn edition of Ogier's fund finance briefings we consider the key differences in the subscription facility security package across the laws of the jurisdictions on which we advise (namely, BVI, the Cayman Islands, Guernsey, Jersey and Luxembourg). Our specialist CAYLUX team provides combined Cayman and Luxembourg legal advice for all types of fund finance transactions.

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Disclaimer

This client briefing has been prepared for clients and professional associates of Ogier. The information and expressions of opinion which it contains are not intended to be a comprehensive study or to provide legal advice and should not be treated as a substitute for specific advice concerning individual situations.

Regulatory information can be found under Legal Notice