Financial Services Group
The Financial Services Group of Lennox Paton provides comprehensive Bahamian and BVI legal advice and services to clients with respect to the establishment of financial institutions, collective investment schemes, special purpose vehicles and the structuring of financial products in The Bahamas and BVI.
In addition, we offer advisory services to clients regarding the financial services regulatory regime in The Bahamas and BVI.
Clients include foreign governments, domestic and international financial institutions, companies and high net worth individuals.
Collective Investment Schemes
We advise and assist clients in the preparation of offering documents and ancillary service agreements for private equity funds and exempt or regulated investment funds.
In The Bahamas and BVI, collective investment schemes can be tailored to meet the unique requirements of the client. Investment funds are commonly structured as limited partnerships, companies or unit trusts. Further, Bahamian or BVI collective investment schemes and their investors are not subject to any form of taxation and are exempt from exchange controls in The Bahamas.
Securitisation
We advise clients on the structuring and establishment of special purpose vehicles in The Bahamas and BVI for the securitisation of assets. Under Bahamian law, the client can select the governing law of its choice yet benefit from the tax neutral jurisdiction of The Bahamas or BVI. The issuance of bonds, notes or certificates by the special purpose vehicle is exempt from the payment of any stamp duty in The Bahamas or BVI. In addition the special purpose vehicle and its investors are not subject to any form of taxation and are exempt exchange controls in The Bahamas and BVI.
Our affiliate company, Lennox Paton Corporate Services Limited offers administrative, management and fiduciary services to such special purpose vehicles.
Investment Holding Structures
We represent clients in the establishment of holding companies, limited partnerships and trusts for the holding and management of investment portfolios and assets. Each of these structures provides considerable flexibility and can be tailored to meet the particular requirements of the client. In addition, these structures provide the client with confidentiality and are not subject to any form of taxation in The Bahamas or BVI.
Our affiliate company, Lennox Paton Corporate Services Limited offers administrative services for these structures.
Financial Institutions
We represent and assist clients in applications for bank and trust company licences, broker-dealer licences, mutual fund administrator licences, insurance company licences, financial and corporate service provider licences and securities investment advisor licences. We also represent clients on administrative inquiries and proceedings before the relevant regulatory authority. In conjunction with other practice groups in the Firm, we assist clients in the establishment and launch of their operations in The Bahamas or BVI.
Financial Products
We advise governmental and institutional clients on Bahamian or BVI legal issues and requirements concerning the structuring and documentation of various financial products and instruments, including bonds, certificates of deposit, debentures, derivatives, notes, rights issues and shares.
Financial Advisory Services
We advise clients on ongoing regulatory compliance issues. We also offer business operations advice, including the preparation and review of general commercial documentation and service agreements. We regularly provide opinions in connection with financial transactions, addressing issues such as insolvency, creditor rights, choice of law, and enforceability under Bahamian or BVI law.
We also advise clients on issues arising from private and public offering of securities by issuers based in The Bahamas or BVI or to persons in The Bahamas or BVI, including internet offerings.