By Vaumini Amin
Written for the overseas banking and fiscal prone group, their advisors and offshore businesses, this can be the 1st e-book comprehensively to handle the foundations and perform of financial institution lending to offshore tax haven entities. hugely sensible in its research of lending issues through this secretive area, it additionally features a comparative examine of legislation and perform in key offshore jurisdictions.
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Extra resources for Offshore Lending and Financing: A Practical and Legal Handbook for Lenders, Borrowers, investors and their Professional Advisers
1) relating to commercial arrangements and came into force in relation to Belgium, Denmark, France, Germany, Italy, Luxembourg and the United Kingdom on 1 April 1991 and subsequently in Greece, the Netherlands and Ireland. Importantly, by virtue o f Article 1(1) 12 Offshore lending and financing o f the Convention, Member States to which it applies will implement its terms through their courts in relation to any contractual obligations where a choice between the laws o f different countries arises.
This provision in the Rome Convention restates a limitation generally held to apply under the c o m m o n law, that the choice of applicable law should not have a predominant evasive intent. 3 Factors influencing selection of applicable law T h e lender should select the applicable law having regard to the following factors. 2 . 3 . 1 T h e c o m p e t e n c e o f t h e legal s y s t e m It is important that the chosen system of law recognises and is capable of regulating the substance of the proposed transaction.
In those jurisdictions following the civil law model, the concept o f permanence is replaced by a reference to a concept of habitual residence. Although it is fundamental that each person has a domicile (and only o n e domicile at any single point in time) there are, in fact, three types o f domicile which the person may have, as follows. 1 Domicile of origin A domicile o f origin is the domicile which a person acquires at birth, as being that o f his father as at the time o f birth. ). I Sc. & Div.