Stuarts Humphries

The Cayman Islands has seen a significant rise in the number of fintech funds being established and is increasingly becoming the preferred jurisdictional choice for fund managers seeking to establish new funds investing in cryptocurrencies and blockchain products.

The Cayman Islands Monetary Authority (the “Authority”) has advised that PART XA of the Anti-Money Laundering (Amendment) (No. 2) Regulations, 2020 (“AMLRs”), will commence effective 1 July 2022. Part XA of the AMLRs sets out the identification and record-keeping requirements relating to transfers of virtual assets.

Introduction This Guidance Note sets out the registration and continuing obligations of a virtual asset service provider registered with, or licensed by, the Cayman Islands Monetary Authority (“CIMA”) under the Virtual Asset (Service Providers) Act, (2022 Revision) (the “VASPA”).

The Virtual Asset (Service Providers) Law, 2020 The Cayman Islands Government passed the Virtual Asset (Service Providers) Law, 2020 (the “Law”) on 25 May 2020. This was accompanied with updates to a number of other laws including the Monetary Authority (Amendment) (No.2) Law, 2020, the Securities Investment Business (Amendment) Law, 2020 (the “SIBL”), the Mutual Funds (Amendment) (No. 2) Law, 2020 (the “Mutual Funds Law”) and the Stock Exchange Company (Amendment) Law, 2020 (the “Stock Exchange Law”).

On 7 July 2020, the Government of the Cayman Islands passed the Private Funds (Amendment) Law, 2020.

On 8 January 2020, the Government of the Cayman Islands published a draft Private Funds Bill, 2020 (the “”) and simultaneously a draft Mutual Funds (Amendment) Bill, 2020 (the “” and together with the Private Funds Bill the " Bills").

On 1 January 2019, the Cayman Islands introduced The International Tax Co-operation (Economic Substance) Law, 2018 (the “Law”). The Law has been issued in response to the Cayman Islands’ commitment to the global initiative to combat base erosion and profit shifting.

The Cayman Islands Data Protection Law, 2017 (the "DPL"), came into effect on 30 September 2019.

The International Tax Co-operation (Economic Substance) Law, 2018 (the “ES Law”) came into effect in the Cayman Islands on 1 January 2019, requiring in-scope entities that carry on particular activities to have demonstrable economic substance in the Cayman Islands.

The following information relates to the enactment of The Cayman Islands Data Protection Law, 2017 ("DPL"), which came into effect on 30 September 2019. 

Toby –v- Allianz Global Risks US Insurance Company, FSD 152 of 2013 (IMJ), Judgment delivered on 29 August 2018

The following information relates to the enactment of The Mutual Funds Law (2019 Revision) and the subsequent commencement of related sections of The Mutual Funds (Amendment) Law 2015. The changes require certain funds to notify the Cayman Islands Monetary Authority if they are active in EU jurisdictions.

Security Token Offerings (“STOs”) are an extremely popular means of fundraising for new projects and utilise blockchain technology to do so. Whilst no specific legislation has been passed by the Cayman Islands Government in connection with STOs and cryptocurrencies, it would be incorrect to say that STOs are “unregulated”.

Stuarts Walker Hersant Humphries, a leading Cayman Islands law firm, is pleased to announce that Caymanian, Jonathan McLean has been hired as the firm’s newest partner, effective July 2019.

Stuarts Walker Hersant Humphries, a leading Cayman Islands law firm, is pleased to announce that Richard Annette and Aaron Walker have been promoted as the firm’s newest partners, effective January 2018. 

Initial Coin/Token Offerings (“ICOs”) are becoming an increasingly popular means of fundraising for new projects and utilise blockchain technology to do so.

The Cayman Islands government has now introduced legislative changes which will require relevant companies (“Relevant Companies”) to prepare and maintain a register of beneficial owners (the “Register of Beneficial Owners”).