They’re technically sound without overcomplicating matters. as full or restricted deposit takers) and other lenders regulated by the Isle of Man Office of Fair Trading are required by Manx law to ensure that the proceeds of loans made by them are not applied in a manner that would contravene Manx law in relation to matters such as financial sanctions. Investec Bank launches its new Isle of Man Office. Cains is one of the largest and oldest law firms in the Isle of Man. Education The College of Law, Chester Legal Practice Course. Such a lender will not need to be licensed, qualified or otherwise entitled to carry on business in, or otherwise registered with any governmental or other authority of, the Isle of Man. Tristan is a Director and joint head of Cains' top tier Corporate and Commercial team. The purpose of this DNA project is to research the origins of six Manx families of Norwegian Viking descent that originated in the Isle of Man, namely the, Keig, Skaggs, Cain(e), Cormode, Curphey & Cretney families. Cains supports KPMG IOM in the creation of new Crown Dependencies practice. Civil Legal Aid Isle of Man Courts of Justice Deemsters Walk Douglas Isle of Man IM1 3AR Telephone:+ 44 1624 685977 legalaid.treasury@gov.im - that reads as follows; legalaid [dot] treasury@gov [dot] im Island law firm Cains has drafted in fresh expertise to help expand its litigation department, amid increased client demand. Stuart Foster. He is one of the Isle of Man’s leading corporate lawyers and has over 20 years’ experience of advising on complex corporate, commercial and finance transactions. Peter Clucas jointly leads the practice and is a key name in the market for insolvency disputes, while fellow practice head Robert Colquitt focuses on trusts disputes, fraud and asset tracing. The team is knowledgeable, responsive and easy to work with, making it a go-to firm for all Isle of Man legal queries. Start This article has been rated as Start-Class on the quality scale. Restrictions on the Borrower’s Use of Proceeds. Under English law LMA syndicated loan agreements, it is possible for the option of debt buy-back by the borrower or sponsor to be included. Whilst specialising in international dispute resolution, commercial […] We are always confident of receiving a first class service for ourselves and our clients. Isle of Man recognised with three industry award nominations this year. Callin Wild is a full service law firm that deals with all aspects of legal work for local and international clients. For some, ‘ the strength and depth of the dispute resolution team in Cains is unrivalled in the Isle of Man ‘. Cambridge University (King’s College). Cains from the Isle of Man By genealogy.com user December 14, 1999 at 09:54:04. The Fraudulent Assignments Act 1736 therefore remains on the statute book having been neither repealed nor modified by any legislation enacted by the Island's government since. This means that every time you visit this website you will need to enable or disable cookies again. Frequently handles matters for national and international financial institutions and corporates operating in a range of key business areas. Law Society of England and Wales. Isle of Man Law Society. University of Warwick ... CEO at Isle of Man Law Society Isle of Man. Peter is Cains’ Managing Director and head of our top tier Litigation team. We provide both international and domestic clients with a focused insight into the world of offshore law. Isle of Man’s only children’s theatre company receives support from Cains. First published in Chambers and Partners Banking & Finance 2019 Second Edition, the definitive global law guide offering comparative analysis from top ranked lawyers. Independent advice centred around our clients’ needs, allows us to deliver the very best commercially driven solutions, throughout every stage of the legal process. Sep 27, 2019 Consequently, there are no structures commonly used in this jurisdiction as an alternative to the trust structure. There are, however, Isle of Man law restrictions on foreign lenders granting loans to individuals and/or sole traders. Have only just found this site, and am impressed by the number of US decendants, and mightily disappointed by the lack of UK and especially Isle of Man correspondents. When it comes to more complex matters, from our experience Cains are the go-to firm who give us confidence with their professionalism and expertise. Cains is an internationally renowned independent offshore law firm providing expert legal services in the Isle of Man. The project was originally established to research the Keig family. Established in 1899 and headquartered in the Isle of Man, Cains is a leading independent offshore law firm at the forefront of maintaining the Isle of Man as a premier international finance centre. Please enable Strictly Necessary Cookies first so that we can save your preferences! Director at: Cains Advocates Limited Fort Anne, Douglas, Isle of Man, IM1 5PD, Isle of Man × Michael John Pinson. The City Code on Takeovers and Mergers (the “City Code”) is issued and enforced by the Panel on Takeovers and Mergers (the “Panel”), and applies to all offers for companies that have their registered offices in either the UK, the Channel Islands or the Isle of Man if, among other things, any of their securities are admitted to trading on a regulated market (e.g. Established in 1899, Cains is the leading independent Isle of Man law firm at the forefront of the Isle of Man’s development as one of the world’s most respected international financial centres. If you would like to participate, please visit the project page, where you can join the discussion and see a list of open tasks. Practice head Tim Shepherd is highly skilled in the aforementioned areas and is very strong in multi-jurisdictional matters having previously worked in London and Bermuda. Keeping this cookie enabled helps us to improve our website. The lawyers at Cains understand the commercial imperatives to which their clients are subject and strive to provide solutions to legal problems rather than simply reciting the law. AB v CD [2016] – Acted for the successful Claimant in the first decision in the Isle of Man courts on the Hastings-Bass principle and on the law relating to relief for equitable mistake following its reformulation by the UK Supreme Court in Pitt v Holt. Lindsey is currently acting as local counsel for AIM listed company HIRCO plc in high court proceedings in the Isle of Man. Callin Wild is a leading firm of Advocates, Solicitors and Notaries Public in the Isle of Man. There are no foreign currency restrictions or controls in existence in this jurisdiction in relation to the exchange and remittance of sterling or any other currency from the Isle of Man, nor is there any legislation in place whereby such controls may be imposed. Cains is an internationally renowned independent offshore law firm providing expert legal services in the Isle of Man. The guide also highlights key centres for Islamic finance. They are excellent and one of the leading firms when it comes to trust matters. Our expert team of legal specialists work across various disciplines advising clients from around the globe on Banking and Finance, Corporate and Commercial, Employment and Data Protection, Litigation, Property, Regulatory, Restructuring and Insolvency legal matters. Banks that are licensed by the Isle of Man Financial Services Authority (e.g. He has particular experience in advising lenders, investors and developers in the UK and European commercial real estate sector, and in recent years has advised upon many high-profile CRE transactions for blue chip clients relating to prime assets (mainly located in London). Cains is an internationally renowned independent offshore law firm providing expert legal services in the Isle of Man. Isle of Man litigation specialist, advocate Lindsey Bermingham has joined Douglas law firm Cains as a director. ... Born and raised in the Isle of Man, Ms Owens obtained a law … Alex is a Managing Associate and head of Cains’ Property team with almost 25 years’ experience in commercial property in the UK and Isle of Man. The depth of resources provided enables us to approach Cains for a variety of tasks. They are a quality team with extensive experience and they are always able to offer an efficient and practical solution to the matter at hand. Assignments and novations under Manx law operate in the same way as under English law (with regard to the former, the relevant Manx statute governing assignments is based on section 25(6) of the Supreme Court of Judicature Act 1873 in England, which is the forerunner of section 136 of the Law of Property Act 1925 in England). Bank financing to an Isle of Man corporate (particularly one holding UK commercial property) often involves a UK bank utilising LMA form English law governed loan documents, although some of the related security documents will usually be governed by Manx law (e.g. Other key names include Tim Shepherd, who is a key name for real estate finance mandates, and Stephanie Chew. Cains Advocates Limited, Fort Anne, Douglas, Isle of Man IM1 5PDT: +44 1624 638300E: law@cains.com, © Cains Advocates Limited 2020 - All Rights Reserved. For the sake of completeness, in addition to such an assignment or novation, the commercial risk of an existing loan could be transferred to a new lender by means of sub-participating the same or entering into certain types of derivative contract (including a total return swap). Restrictions and Controls on Foreign Currency Exchange. the Main Market of the LSE or the TISE) or a multilateral trading facility (e.g. Much of the lending to Isle of Man corporates is by UK, Irish and other European banks, which in each case will need to comply with their own domestic regulatory obligations regarding financial sanctions, anti-bribery and corruption and AML/CFT regulations. ”), and applies to all offers for companies that have their registered offices in either the UK, the Channel Islands or the Isle of Man if, among other things, any of their securities are admitted to trading on a regulated market (e.g. You can find out more about which cookies we are using or switch them off in settings. He has been repeatedly recognized as a leading practitioner in the Isle of Man and regularly advises clients on strategy and … Peter Clucas jointly leads the practice and is a key name in the market for insolvency disputes, while fellow practice head Robert Colquitt focuses on trusts disputes, fraud and asset tracing. Our expert team of legal specialists work across various disciplines advising clients from around the globe on Banking and Finance, Corporate and Commercial, … Cains is an internationally renowned independent offshore law firm providing expert legal services in the Isle of Man. Pursuant to General Principle 5, as reinforced by Rule 2.7(a), an offeror must only publicly announce a bid for a Manx company to which the City Code applies “after ensuring that he/she can fulfil in full any cash consideration, if such is offered, and after taking all reasonable measures to secure the implementation of any other type of consideration.” In light of these “certain funds” rules, the Panel does not normally allow financing conditions to be a feature of an offer for a Manx company. The Isle of Man Government’s policy with regard to financial sanctions is to maintain the lists of those affected so that they correspond to those adopted by the UK (and by current association those adopted by the UN and the EU). Both agent and trust concepts are recognised in the Isle of Man in substantially the same way as they are under English law. This website uses Google Analytics to collect anonymous information such as the number of visitors to the site, and the most popular pages. A man who gave a false name to border officials after returning to the Isle of Man has been jailed for six weeks for breaking Manx Covid-19 laws. After studying law at Cambridge and the College of Law, London, he worked in London on major property transactions for over 10 years before moving to the Island and joining Cains in 2005. Such mechanisms will be set out in the facility agreement, which will usually provide that an existing lender may assign any of its rights or transfer by novation any of its rights and obligations to a new lender (an LMA style loan agreement will include schedules containing a form of transfer certificate and assignment agreement). 2005 to date – Cains, Isle of Man; 2003-2005 – Dickinson Cruickshank, Douglas, Isle of Man; 1997-2003 – Denton Wilde Sapte, London; Memberships. It was the first Isle of Man law firm to have a permanently staffed London office. Staff at Cains can be relied upon for their expert technical skills, but are also very responsive to and invested in their clients. Tara left DQ in April 2020 to join Cains Advocates Limited. Private Client Dining Club London 2019. It reached its peak immediately prior to the global financial crisis in 2008, when it had more than 30 lawyers and a similar number of support and fiduciary staff, located in its head office in Douglas and its branch offices in … the Main Market of the LSE or the TISE) or a multilateral trading facility (e.g. Craig Anderson, of … We use cookies to optimise site functionality and give you the best possible experience. Practice head Jonathan Latham handles transactional work and is notably strong in multi … Cains Advocates has been named as Law Firm of the Year in the Isle of Man at the Citywealth International Financial Centre Awards. Cains has provided the Isle of Man chapter to the guide and below is an excerpt of the section relating to Isle of Man structuring and documentation considerations. Cains, the Isle of Man-based law and professional services group, has announced the appointment of Gillian Christian as a Divisional Director within the litigation department. If you disable this cookie, we will not be able to save your preferences. You can find out more about which cookies we are using or switch them off in settings. The project was originally established to research the Keig family. Impressive corporate and finance outfit advising on market-leading transactions. Contact Details Chambers and Partners No.3 Waterhouse Square 138 Holborn London, United Kingdom EC1N 2SW View in maps Therefore, at least in relation to any Manx law governed security, there is no question of new security having to be granted, thereby resetting hardening periods and jeopardising the priority of security. Solicitor Admitted as a solicitor 15/10/03. This article is within the scope of WikiProject Isle of Man, a collaborative effort to improve the coverage of the Isle of Man on Wikipedia. Oct 4, 2019. You can manage your cookie preferences or find out more by referring to our cookie policy. Standard Bank Isle of Man Reveals Strong Half-Year Results. Their technical knowledge has been, as expected, excellent but what has really impressed us is that this technical knowledge comes wrapped in a complete package of responsiveness, commerciality and measured pragmatism where needed. Stuart Foster Financial Controller & Investor at Pure The Winery Isle of Man… We use cookies to optimise site functionality and give you the best possible experience. Its precise date of founding is not certain, but the firm claims to be over 100 years old. Her main areas of expertise are listed as anti-money laundering, fraud, white collar crime and regulatory matters. Profile. Restrictions on Granting Security to Foreign Lenders. To the extent such agency and trust arrangements are established under – and governed by – English law, there is no reason why they would not be recognised and enforced by the Manx courts. Such sanctions can, among other things, limit the provision of certain financial services to specific individuals or entities, and also target those persons and organisations involved in international terrorism. Established in 1899, Cains is the leading independent Isle of Man law firm at the forefront of the Isle of Man’s development as … There are no Isle of Man law restrictions that prevent a foreign lender from making a loan to a company incorporated in the Isle of Man (whether such company is governed by the older Manx companies legislation, contained in the Isle of Man Companies Acts 1931-2004, or by the more modern regime principally set out in the Companies Act 2006). Cains from the Isle of Man By genealogy.com user December 14, 1999 at 09:54:04. Oct 4, 2019. Cains For some, ' the strength and depth of the dispute resolution team in Cains is unrivalled in the Isle of Man '. Please enable Strictly Necessary Cookies first so that we can save your preferences! They are a very professional, reputable firm full of advocates that can be relied upon to give good legal advice. Independently offshore. AIM) in the UK, or on any stock exchange in the Channel Islands or the Isle of Man. It was the first Isle of Man law firm to have a permanently staffed London office. As the transferee of all or part of the existing loan to a Manx corporate borrower, the new lender will typically become a “secured party” for the purposes of the finance documents and, as a result, benefit from the security (including any Manx law security) granted to the security agent/trustee, which is being held on trust for such parties. The purpose of this DNA project is to research the origins of six Manx families of Norwegian Viking descent that originated in the Isle of Man, namely the, Keig, Skaggs, Cain(e), Cormode, Curphey & Cretney families. Isle of Man > Insurance and pensions Cains is a popular choice for multinational insurers, with expertise in transactional work, regulatory compliance and dispute resolution. Cains provides Isle of Man legal expertise to our international and domestic clients and regularly co-ordinate the provision of advice and the management of multi-jurisdictional transactions. Stuart Foster. They are very responsive, deliver on our demanding requirements on local counsel and are able to understand the interplay between the various jurisdictions and transaction documents across a deal – not just the Manx law piece. Restrictions on Foreign Lenders Granting Loans. University of Warwick ... CEO at Isle of Man Law Society Isle of Man. Financial sanctions are prohibitions and restrictions put in place by the United Nations, the EU, the UK and the Isle of Man, with the aim of maintaining or restoring international peace and security. charges over shares in Manx obligors, charges over local bank accounts and assignments of subordinated intra-group debt governed by Manx law). Alex Poole-Wilson leads the team and advises on transactions, financing and property management matters. The City Code on Takeovers and Mergers (the “, ”) is issued and enforced by the Panel on Takeovers and Mergers (the “. The accolade recognises Cains as a winner that has “excelled in achievement, innovation, expertise and service”. As a matter of Manx law, an Isle of Man-based borrower and a lender (whether located inside or outside of this jurisdiction) are free to contractually agree such buy-back terms in their loan agreements. Cains Advocates Limited, Fort Anne, Douglas, Isle of Man IM1 5PDT: +44 1624 638300E: law@cains.com, © Cains Advocates Limited 2020 - All Rights Reserved. You can manage your cookie preferences or find out more by referring to our cookie policy. As the largest of the independent advocate firms on the Isle of Man, Cains has retained a strong sense of personal relationships with clients, coupled with good technical knowledge. The expectation is that the EU sanctions regime will cease to apply to the UK following any Brexit. We have worked with the Litigation team at Cains on various matters, some of which have involved very complex questions of law. Likewise, in respect of a facility agreement governed by Isle of Man law, the main transfer methods would be assignment and novation. Sep 27, 2019. They have a very commercial and collegiate approach and will always go the extra mile to ensure that matters are completed on time and consistently demonstrate a very strong understanding of the relevant law and its practical application to the transaction. The guide provides comprehensive coverage of loan markets, tax considerations, guarantees and security, enforcement and project finance. 2010 - 2011. Cains Advocates Limited, Fort Anne, Douglas, Isle of Man IM1 5PD T: +44 1624 638300 E: law@cains.com Stuart Foster Financial Controller & Investor at Pure The Winery Isle of Man. Invariably they will be able to support our needs, and provide an excellent service. They are comprised of highly experienced lawyers, often with City experience. The City Code is based upon six General Principles, which are applied by the Panel in accordance with their spirit in order to achieve their underlying purpose, and also contains a series of rules. Cains Advocates Limited Overview. Tara left DQ in April 2020 to join Cains Advocates Limited. Cains’ Corporate team advises on sale of IOMA Group. 2010 - 2011. Some of the benefits of an IPUT (which is structured as a Baker Trust) can be identified as follows: 1. the high degree of similarity of underlying trust law principles with those in England and Wales; 2. no requirement to obtain consent from the Isle of Man Financial Services Authority (“FSA”) prior to its establishment, when units are issued and/or where any distributions are effected (where the IPUT is an exempt scheme); 3. any income generated by the IPUT “passes through” the investment vehicle and will … Cains Advocates is one of the largest and most established law firms in the Isle of Man, employing approximately 30 lawyers, many of whom have .. Add an external link to your content for free This means that every time you visit this website you will need to enable or disable cookies again. The firms origins can be traced back for more than a century. The lawyers at Cains understand the commercial imperatives to which their clients are subject and strive to provide solutions to legal problems rather than simply reciting the law. There are no statutory restrictions under Manx law that would prevent a corporate borrower in the Isle of Man granting security or guarantees to foreign lenders, although with regard to the latter, similar considerations of corporate benefit will apply as they do under English law, particularly where a borrower is giving an “upstream” or “cross-stream” guarantee to a lender (whether domestic or foreign). Experience. Have only just found this site, and am impressed by the number of US decendants, and mightily disappointed by the lack of UK and especially Isle of Man correspondents. Education The College of Law, Chester Legal Practice Course. CAINS ACHIEVES TOP-TIER RANKINGS IN THE LEGAL 500 UK. Cains Advocates Limited Overview. For some, Cains is the ‘leading banking practice in the Isle of Man’ with standout capabilities in real estate finance, acquisition finance and debt capital markets. If you disable this cookie, we will not be able to save your preferences. This website uses Google Analytics to collect anonymous information such as the number of visitors to the site, and the most popular pages. Cains Advocates Limited Fort Anne, Douglas, Isle of Man, IM1 5PD, Isle of Man × Scott Leonard-Morgan. Sep 27, 2019. Careers Chambers' Careers Student & Associate Student Associate. Geoff is a Manx Advocate with a practice that includes a wide range of Isle of Man corporate and structured finance work. Cains provides advice in the corporate, commercial, litigation, property and private client sectors to … Isle of Man’s only children’s theatre company receives support from Cains. Events Awards Editors’ Receptions Forums Seminars Commercial Opportunities. The development of the law in the Isle of Man has not followed the same course and no equivalent to the Law of Property Act 1925 or the Insolvency Act 1986 exists. Education. Cains Advocates is one of the largest and most established law firms in the Isle of Man, employing approximately 30 lawyers, many of whom have experience of working in the worlds leading financial centres. Worldwide Law Firms Worldwide Lawyers. Cains corporate trainee called to the Manx Bar. Cains attracts praise for its ‘extensive knowledge’ across the piece concerning property on the Isle of Man. Keeping this cookie enabled helps us to improve our website. Leading independent Isle of Man law firm, Cains, has advised Ravenscroft Holdings, the parent of the UK-based investment services company, Ravenscroft, as Isle of Man counsel in its recent acquisition of Isle of Man investment management services company W H Ireland (IOM) Limited, after having received the green light from the Isle of Man Financial Services Authority. Of Isle of Man ‘ firms when it comes to trust matters specialist Advocate. Have a permanently staffed London office Cains for a variety of tasks cains law isle of man or the TISE ) or multilateral... Largest and oldest law firms in the Isle of Man ‘ Editors ’ Receptions Forums Seminars Commercial.... 100 years old to save your preferences service law firm to have a permanently staffed London office all. That includes a wide range of key business areas firm full of Advocates that can relied! At Pure the Winery Isle of Man in substantially the same way as are! 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