Alexander Schumacher 

In this current climate of increasing regulation we understand the pressures on our clients both from local regulators as well as international organisations. Our team of dedicated risk and regulatory professionals are on hand to assist. We act for a number of the leading clearing and private banks located in our jurisdictions.

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.

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.

Collas Crill's Risk and Regulatory Team provide legal support to businesses applying local rules regarding foreign tax reporting and production orders. Our goal here is to ensure our clients remain compliant, while conducting their business efficiently and in line with their clients interests and expectations.

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.

Investment Business Licensing and Approvals

Our uniquely diverse practice regularly assists with the establishment of both open and closed-ended fund structures. In addition to traditional private equity and real estate structures we have advised on a number of alternative and esoteric classes. We provide bespoke structuring solutions to allow our clients to build the fund they want as opposed to a generic template of the market standard. We advise clients at every step of the process, including preparing offer documents, investor negotiations, the preparation of agreements, and in the closing of transactions.

In a world of ever-increasing accountability, we are increasingly instructed by sovereign wealth funds, ultra high net worth individuals and funds of funds to review potential investments and negotiate side-letters. We offer our clients a fast, efficient service with minimum fuss. This aspect of our practice gives us unparalleled insight of what is and is not the 'market standard'; something our clients highly appreciate.

In addition to advising on the establishment of investment structures we advise on the drafting and interpretation of investment management and advisory mandates including performance fees and remuneration packages. Our practical yet precise approach in this highly technical area is driven by significant onshore experience. Performance related fee structures and incentives need to consider and capture the widest range of potential scenarios - our depth of expertise enables us to achieve that.

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.

Developments, consolidations and regulation have means that effective risk management and mitigation has never been more important. Our advice is not a ‘one size fits all’ solution, but rather is based on an individual company’s specific business model. By building a partnership with you we add value by providing to trustees with a range of regulatory advice, administration support, products and services within a dedicated team approach, precedent development and on-going education and industry updates. Together with our multi-disciplinary risk and regulatory team, we advise on anti money laundering laws and the regulation of trust companies and can assist in the creation and improvement of straightforward operating procedures, including checklists, designed in conjunction with the needs of a trustee to ensure that all members of staff, no matter what their experience, can provide consistent and accurate back office services.

Our investment practice is not simply limited to regulated investment funds. We also advise clients on a range of unregulated and private structures allowing new promoters to build a track record or investment clubs to access particular investments without incurring the time or financial cost of entering the regulatory regime. Our team's experience in this often overlooked area of the investment sector can help our clients manage regulation and plan their structures for future growth without unnecessary limitations.