HSM LAW
Navigating Shareholder Disputes: Winding Up on ‘Just and Equitable’ Grounds in the Cayman Islands
Shareholder disputes can arise from a variety of causes ranging from mismanagement and lack of transparency to personal fallouts among business partners. These issues are particularly acute in privately held companies, where relationships often blur the line between personal and Read more +
The Grand Court Reaffirms the Foundational Importance of Pleadings in Civil Litigation
Highlighting a recent case in the Cayman Islands, [2025] CIGC (FSD) 44 – Re Rasmala Trade Finance Fund (2) (“Re: Rasmala Trade Finance Fund (2)”), HSM Partner and Head of Litigation Kerrie Cox covers an important and often overlooked distinction Read more +
Vote HSM! Best of Cayman Islands 2025 Awards
We are proud to share that HSM has been nominated for the following Best of Cayman Islands categories: Immigration Law, Family Law, Divorce Law, Law Firm, Estate Law, and Immigration Services. Thanks to your support we won Gold in 2023 Read more +
HSM Response to Term Limits for Non-Caymanian Civil Servants
On 22 May 2025, the Government of the Cayman Islands published their intention to introduce term limits for non-Caymanian civil servants in the Cayman Islands. Civil servants have always been excluded from term limits. As such, these changes will require Read more +
Cayman’s Virtual Notary Regulations Due To Expire 16 April 2022
The Coronavirus pandemic, and subsequent lockdowns, required timely amendments to many Cayman laws and regulations to enable the business community to continue to function. One such innovative change was the passing of the Notaries Public (Virtual Conduct of Notarial Acts) Regulations, 2020 which when combined with The Property (Miscellaneous Provisions) (Amendment Act), 2020 enabled persons to sign property related deeds or instruments remotely and removed the need for their physical presence before the notary.
HSM Property Partner Linda DaCosta explains that through video conferencing (Zoom, Teams etc.), lawyers in the Cayman Islands were for the first time permitted to meet virtually with clients to present passports and sign documents without compromising public health and safety. The amended law allowed unprecedented continuity and facilitated transactions effectively ensuring business generally and property transactions were still taking place during lockdown.
Unfortunately as of 13 April 2022, the Notaries Public (Virtual Conduct of Notarial Acts) Regulations, 2020 were stated to only be in effect for a period of 2 years and will expire on 16 April 2022. Whilst COVID related issues continue, it can only be hoped that the Regulations will be extended. Even in a post-COVID world the need for such a provision to assist the elderly and disabled is obvious. Further in a Green Cayman it cuts down on at least a few otherwise unnecessary car trips to the lawyer’s office.
There is still opportunity for further improvements. The amendments did not effectively allow for statutory documents to be executed remotely by a person located outside Cayman, we would like to see the scope extended to at least cover Caymanians overseas.
HSM stands ready to assist any clients with any appropriate notarial assistance and count five notaries amongst our team members. Notarial acts can be done either at our offices or remotely if the Regulations are extended. In cases of urgency or where clients are unable to attend our offices, we can also notarise documents at our client’s homes or at a hospital.
HSM hope that the Government will extend the Regulations and make the change a permanent one, embracing the electronic world we now live in.