Corporate & Commercial, Litigation & Insolvency, Trusts & Property Law Firm in Cayman Islands
Law Firm OverviewStuarts Walker Hersant Humphries (“Stuarts”) is an offshore legal practice based in Georgetown, Cayman Islands, offering fully integrated offshore corporate and commercial legal advice and representation.
The large team of attorneys boasts a variety of backgrounds and expertise in a range of practice areas and has the resources, skills, and knowledge to serve clients with well-rounded and professional representation.
With a client-oriented approach, the firm serves serving high-net-worth and powerful organizations, investment managers and companies, individuals, and international law firms with integrity and responsiveness. Stuarts is a founding member of The Alternative Investment Management Association Limited and is a listing agent for the Cayman Islands Stock Exchange, and recognized under The Legal Practitioners (Incorporated Practice) Regulation 1998 (the “Regulation”), conducting business in accordance with the Regulation.
Year this Office was Established: 2002
Languages: French, Spanish, English.
Areas of Law
Additional Areas of Law: Investment Funds; Structured Finance; Restructuring; Management Services; Asset Finance; PCL and Anti-Money Laundering; Private Client and Trusts; Breach of Fiduciary Duty claims; Insurance and Professional Indemnity Claims; Mining and other Natural Resource Facilities; Oil Fields; Refining Installations.
Areas of Law Description
Our major practice areas include:
- Investment Funds
Stuarts Walker Hersant Humphries is one of the leading providers of offshore legal services and has an experienced team of corporate and commercial lawyers who offer in-depth market knowledge, understanding and expertise in relation to the investment funds market. Our Investment Funds Team provides offshore legal advice on fund formation, regulation, structures, de-registration, liquidation and on-going advice to both investment funds and managers.
- Private Equity
Stuarts has a dedicated and enthusiastic team of professionals advising on all aspects of offshore private equity transactions in addition to fund formation, the formation of alternative investment vehicles, international leveraged buy outs and equity financing where the structure involves offshore jurisdictional advice. We assist in the implementation of IPOs, company sales or mergers and recapitalization and advise on structuring, secured lending and due diligence.
- Corporate and Commercial
We advise corporate clients, including leading financial institutions, prominent US, European & South American banks, investment managers, Fortune 500 companies and several of the world's largest insurance companies, in connection with a wide range of cross border commercial arrangements and international transactions. Commercial services to clients include the structuring, drafting and negotiation of their international commercial agreements including joint venture relationships, licensing and commercialization agencies, franchising & licensing agreements and financing arrangements with banks and commercial leaders.
- Capital Markets & Structured Finance
Our lawyers are experienced in advising in relation to financial structuring using a broad range of debt, equity and structured products including securitizations; securities regulation including the provision of advice to brokers, dealers, issuers and managers and all associated regulation and licensing issues in connection with the sale and distribution of securities; aircraft financing; collateralized debt obligations; commercial paper and note programs.
- Insolvency & Restructuring
Stuarts has developed a niche practice in the restructuring of Cayman Islands companies and has become one of the leading Cayman firms in this field. Our team has considerable expertise and experience in implementing schemes of arrangement to affect the refinancing or reorganization of a company’s affairs. We advise and represent distressed companies in corporate rescue situations as well as solvent companies in all aspects of reorganizing through mergers, spin offs and takeovers.
- Management Services
Stuarts Corporate Services Ltd. and its affiliates ("SCS") specialize in the provision of corporate support services for private equity, real estate and mezzanine funds. SCS also provides registered office services. The Management Group delivers timely, effective service based on an in-depth knowledge of the regulations and commercial environment in the jurisdictions from which it operates. The Group is committed to the provision of premier quality services and the effective and cost-efficient servicing of client needs.
We provide comprehensive advice and representation in the courts of the Cayman Islands at every level and on all aspects of commercial and regulatory law. Our inter-disciplinary team approach enables us to provide effective representation throughout the litigation and dispute resolution process including advising directors, partners and trustees on their obligations and potential liabilities and as to rights and remedies, advising on the enforceability of judgments and arbitral awards, asset tracing, protection and interlocutory applications for restraint orders, individual bankruptcy and corporate insolvency, regulatory actions and requests for assistance.
Stuarts has an experienced team of insurance lawyers who offer in-depth market knowledge in relation to the insurance market. We assist in all aspects of establishment, licensing, structuring, regulation and operation of insurance companies and captives. We work closely with leading Cayman Island insurance managers and advise Cayman-based insurers on every aspect of their business including compliance and review of policies and advise both private and listed companies in relation to: alternative risk transactions, captive incorporations, captive and rent-a-captive programs, catastrophe bonds, insurance and reinsurance policy wording and mergers and acquisitions.
- Project Finance
Stuarts Walker Hersant Humphries has acted as Cayman Counsel to private equity lenders and multilateral lending institutions in connection with a wide variety of capital projects throughout the world, such as electricity generating plants, oil fields and other infrastructure projects and privatizations across South America, Latin America, Africa, Asia and Europe. We have experience in the establishment of a wide range of debt, equity and hybrid interests in project finance ventures.
- Banking and Asset Finance
The banking and asset finance team acts for some of the world's leading banks, financial institutions and businesses. In addition to deals involving international institutions, the group is involved in many of the Cayman Islands' biggest financial transactions. The team offers our clients a wide range of services in relation to numerous forms of financing transactions. We act on behalf of banks and other financial institutions and have extensive experience in advising on syndicated letter of credit facilities in support of insurance/reinsurance and capital market liability.
- PCL & Anti-Money Laundering
In response to the growing need for practical and concrete compliance advice following the introduction of the Proceeds of Crime Law and the Money Laundering Regulations, we have assembled a specialist team with practical and technical expertise in compliance matters who are available to advise on Cayman Islands compliance issues for both international and domestic clients. We are able to provide expert advice in relation to suspicious activity reporting obligations, the application of licensing laws for banks, trust companies, mutual fund administrators, insurance and securities investment business and can assist with licensing applications, exemptions and amendments.
- Regulatory and Financial Services
In a climate of increased regulation, it is vital for businesses to take professional advice on regulatory matters. Stuarts' regulatory team advises insurers, banks and other regulated financial institutions and entities on all aspects of financial regulation in the Cayman Islands and has extensive knowledge of applicable laws, regulations and rules. We offer concise and clear advice to clients and can draw upon compliance experts. With the continuing development of the regulatory environment, the role of our regulatory team is critical in identifying the various regulatory risks our clients may face and in the implementation of controls for protection against those risks.
- Private Client and Trusts
At Stuarts Walker Hersant Humphries, we provide advice to many trust companies in the Cayman Islands on trust and related private client matters including unit trusts, off balance sheet vehicle share ownerships, performance and escrow arrangements, and transaction specific purpose trusts. We provide advice in relation to the establishment of charities and foundations as trusts or corporations to achieve charitable and philanthropic objectives.
- Real Estate
Our lawyers at Stuarts Walker Hersant Humphries have experience advising on all aspects of Cayman Islands real estate law. We regularly advise on the purchase and sale of commercial and residential properties in the Cayman Islands. We also advise banks and other local institutions in connection with mortgage financing, property developers in connection with property development, and landlords and tenants in connection with leases and tenancies.
- Marine & Shipping
The Cayman Islands Shipping Registry has developed a strong reputation as an attractive quality ship-registration jurisdiction. Stuarts is available to provide assistance in connection with a variety of matters relating to Cayman Islands Shipping Law. These include assisting purchasers of ships, yachts and other vessels in registering vessels with or transferring a foreign-flagged vessel to the Cayman Islands Shipping Registry as well as advising banks or other financing institutions on the preparation and registration of mortgages and other security documentation over Cayman Islands registered vessels.
At Stuarts Walker Hersant Humphries, we provide comprehensive Immigration Law advice regarding temporary and long-term work permit applications and key employee designations for expatriate staff; permanent residency, naturalization and Caymanian status applications; appeals to the Immigration Appeals Tribunal (including representation at hearings); and in relation to the establishment of Cayman Islands offices and branches and applications for Trade and Business Licensing Law and Local Companies (Control) Law licenses.
Stuarts Walker Hersant Humphries has a particular focus on assisting clients in relation to the registration of private and corporate jets and regularly advise private clients, family offices, corporates, lenders and insurers based in Europe, North and South America and, increasingly, Asia. Our team has a good working relationship with the Civil Aviation Authority of the Cayman Islands ("CAACI") and a comprehensive understanding of Cayman Islands aviation law, enabling us to provide our clients with an efficient and dependable service.
Mr. Andrew E. Hersant
Banking Law, Capital Markets, Commercial Law, Corporate Finance, Corporate Law
Mr. Chris Humphries
Managing Director and Head of Corporate
Admiralty and Maritime, Asset Protection, Aviation Law, Banking and Finance, Banking Law
Mr. Richard Annette
Head of Litigation
Alternative Dispute Resolution, Arbitration, Banking Law, Bankruptcy, Business Litigation
Mr. Buck Grizzel
Head of Local Business
Admiralty and Maritime, Banking and Finance, Business and Industry, Customs Law, Employment
Alternative Dispute Resolution, Appellate Practice, Business Litigation, Civil Litigation, Class Actions
Banking and Finance, Business and Industry, Offshore Services, Real Estate
Mr. Aaron Walker
Aviation Law, Banking and Finance, Business and Industry, Commercial Law, Contracts
Mr. Simon Yard
Banking and Finance, Business and Industry, Business Law, Commercial Law, Contracts
- The Caymanian Bar Association
- Cayman Islands Stock Exchange
- The Cayman Islands Law Society
More Information on Stuarts Walker Hersant HumphriesCorporate & Commercial
Capital Markets & Structured Finance
Stuarts Walker Hersant Humphries News and Publications
Articles Published by Stuarts Walker Hersant Humphries
It is proposed that a new law (the “Law”) be enacted, to permit the formation of a new type of vehicle in the Cayman Islands – a Cayman Islands limited liability company (an "LLC").Read Article
On 16 October 2015, the Cayman Islands Tax Information Authority (International Tax Compliance) (Common Reporting Standard) Regulations, 2015 (the “CRS Regulations”) were brought into effect.Read Article
An analysis of a fund's side letters and guidelines to the parties that should be involved. The Grand Court of the Cayman Islands recently ruled on the enforceability of side letters in the case of Medley Opportunity Fund Ltd. v. Fintan Master Fund Ltd & Nautical Nominees Ltd (21 June 2012) and in so doing has emphasized a number of points to bear in mind when entering into side letters.Read Article
The Cayman Islands Court of Appeal has re-affirmed the distinction between segregated portfolio companies (“SPCs”) and their segregated portfolios and the insolvency implications for each. In ABC Company (SPC) v J & Co. Ltd (CICA Unreported, May 2012) the Court of Appeal re-affirmed that the insolvency of one segregated portfolio in an SPC will not impact the other segregated portfolios in that SPC so as to require a winding up order to be made over the SPC as a whole.Read Article