This area of practice has a broad scope and can often involve drawing upon the counsel of numerous specialists, in areas including corporate, tax, financial services and wider regulatory, litigation, real estate, employment and pensions, amongst others.
Our full service, integrated team have considerable experience and expertise in advising a wide variety of clients (including private investors, family offices, middle market operators and large multinationals) by identifying and presenting often novel, practical solutions to complex situations, offering a clear and concise explanation of potential risks and pertinent considerations so as to assist relevant decision makers in matters involving:
- streamlining or re-organisation of cross-border corporate structures (whether to optimise the effectiveness and substance of holding or operating companies or particular assets, and sometimes involving distributions and wider repatriation of assets out of a Gibco with and without availability of distributable reserves [including where tied-up as share premium, which is not directly distributable under Gibraltar law])
- contributions to, by or through a Gibraltar company
- intended transactions where there are potential tax impacts (whether in Gibraltar or elsewhere) depending on how these may be characterised or pursued
- circumstances where there are Gibraltar entities forming part of a Group that has or expects to file for Chapter 11 or other foreign bankruptcy proceedings
- wider insolvency situations
- financing aspects
- distressed debt scenarios
- exits, etc.
Some recent instances of our assistance in this sphere include:
- advising on the hiving-off of a Gibco top holding company (and all subsidiaries [and their assets and liabilities] beneath the same) as part of the Chapter 11 reorganisation of an offshore ultra-deepwater drilling company.
- a technical and extensive restructuring of an NYSE listed American manufacturing company, including carefully managed liquidation processes in light of potential Chinese indirect transfer tax considerations.
- a Gibraltar court-sanctioned share premium reduction (noting that, in certain circumstances, and subject to confirmation of the court, there may be some latitude and optionality regarding the repayment of reduced stated capital or share premium of a Gibraltar entity either directly as a return of capital/share premium or, in the alternative, its recharacterization as capital reserves allowing for potential future repatriation by way of distribution out of distributable reserves).
For more information, please contact one of the Corporate & Commercial team.
Four of the firm’s M&A team, Partner Tim Garcia, Consultant Michael Castiel, Senior Associate Matthew Torres and Associate James Noguera, have contributed both the legal and regulatory technical detail, and […]
There’s always been a debate whether term sheets, heads of agreement, memoranda of understandings and the like are worthwhile. Some say they gloss over difficult issues and lengthen the time […]
Like most lawyers, I prefer to devote my energy to bringing deals to closing rather than exchange drafting comments on an NDA. NDAs can be useful to demonstrate a serious attitude […]
Partner Tim Garcia, Consultant Michael Castiel, Senior Associate Matthew Torres and Associate James Noguera have contributed the legal and regulatory technical detail for the Gibraltar section of the Legal 500’s […]
The progress of medical cannabis in Gibraltar – the context, the story so far and a glimpse of the future
Introduction The issue of the use of cannabis for the treatment of certain medical conditions has developed an increasingly higher profile in the mainstream media in the last few years. […]
Ep.1 – Corporate Tax Residence Welcome to a new podcast series by Hassans’ Partner Grahame Jackson. International Tax Bites explores concepts and issues in international taxation. In this first episode, […]
There’s never been a better time to set up a business in Gibraltar. Gibraltar continues to offer many advantages for entrepreneurs chasing their dream as well as international companies looking […]