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Protected Cell Companies: A Guide to their Implementation and Use 2nd ed


ISBN13: 9781904905929
Previous Edition ISBN: 9781904905554
Published: April 2010
Publisher: Spiramus Press Ltd
Country of Publication: UK
Format: Paperback
Price: £99.95



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This Second Edition of Protected Cell Companies is a valuable resource for practitioners who work with this important new business form.

The Protected Cell Companies Act was first introduced in Guernsey in 1997 and other jurisdictions have followed this path. This gave rise to the First Edition of this book which contained the legal analysis essential to further use and development.

The book provides comprehensive guidance on such complex issues as insolvency, veil‐piercing, tax, and accounting. As lawyers and business people have come to understand the PCC its uses have spread from its origins in captive insurance companies to providing a bankruptcy remote vehicle for special purpose vehicles, credit derivatives, and open‐end investment companies.

The authors show that PCCs are now widely used by insurers, insurance brokers, banks, investment and fund managers and international tax planning advisers. They also describe the use of PCCs and related devices not only in their originating jurisdictions but in the EU, the US and around the world.

This new edition contains substantial additions but with the same practical emphasis of the original book.

Subjects:
Insurance Law, Company Law, Banking and Finance, Taxation
Contents:
Preface to the Second Edition
Foreword to the Second Edition
Foreword to the First Edition
Contents
Tables of Authorities
Introduction
1. RING FENCING AND THE EVOLUTION OF THE CELL COMPANY
2. THE ADVENT OF THE PCC
3. SERIES LLC: AN ANALOGOUS BUSINESS FORM TO THE PCC
4. THE INSURANCE COMPANY PCC: WITH A FOCUS ON THE EU
5. MANAGING A PCC CAPTIVE
6. GROWING MARKET FOR THE PCC
7. BASIC INSOLVENCY PRINCIPLES RELEVANT TO PCCs
8. EU REGIMES: AN INTRODUCTION
9. THE EU REGULATION: AN OVERVIEW
10. UNCITRAL MODEL LAW
11. THE COMMONWEALTH INSOLVENCY REGIME AND OTHER UK MATTERS
12. DIRECTOR LIABILITY and PCC INSOLVENCIES
13. PIERCING THE CORPORATE VEIL
14. PCC CELLS: AN ASSET IN AN INSOLVENCY?
15. TAX TREATMENT OF A PCC
16. WHAT ARE THE GROUP ACCOUNTING ISSUES?
17. WHAT ARE THE PCC and CELLULAR ACCOUNTING ISSUES?
18. CONCLUSIONS
Appendix 1: Specimen Articles and Memorandum for an insurance PCC
Appendix 2: Specimen Articles of Contractual Cell Company
Appendix 3: Specimen Memorandum and Articles of Association of a PCC Umbrella Fund
Appendix 4: Specimen Private Information Memorandum of a PCC Umbrella Fund
Appendix 5: The Reinsurance Assignment Agreement
Index