Nelson & Co advises on a variety of property matters including the purchase, sale and development of commercial and residential properties in the Cayman Islands. We also advise banks and other institutions and individuals in connection with mortgage financing, property developers in connection with property development and landlords and tenants in connection with leases and tenancies.

 

PURCHASE OR SALE OF CAYMAN ISLANDS PROPERTY

Acting on behalf of a purchaser or vendor in connection with the purchase or sale of Cayman Islands property including reviewing the title to the property, the preparation or review of the sale and purchase agreement together with the preparation of pre-contract enquiries, the preparation & filing of a stay of registration, attending to the completion of the purchase or sale, handling purchase/sale funds and the stamping and registration of the transfer documents.

 

PURCHASE OR SALE USING CORPORATE ENTITIES

If property is to be purchased through a Cayman Islands registered company, we can assist with the incorporation of the company. If we are acting for a purchaser of property being sold by a Cayman Islands registered company, we can assist with obtaining all relevant legal documents as necessary to transfer title to the property from the name of the company to our client.

 

ASSISTANCE WITH OBTAINING FINANCING

In the event that a prospective purchaser requires financing for the purchase of Cayman Islands property we can recommend local banks, other financial institutions or private lenders which specialise in such financing.

 

PREPARATION OF SECURITY DOCUMENTATION

We are instructed in connection with the preparation of the necessary security documentation required to secure financing being advanced by a locally licensed bank or other financial institution or private individual, including preparation of charge, debenture, guarantee and/or loan agreement, rendering an opinion in relation to the title to any property being offered by way of security, preparing a stay of registration and completion statement, and attending to the stamping and registration of all such security documentation.

 

LANDLORD AND TENANT

We can advise both landlords and tenants regarding all aspects of leasehold matters including the preparation and negotiation of residential and commercial leases and having such leases stamped and registered.

 

DEVELOPMENT AND PLANNING

We advise both local and international property developers in connection with all aspects of commercial and residential real estate development including advice on land acquisitions, planning matters, construction contracts, licensing, sales and leasing. We also advise on planning issues in development and conveyancing transactions including making planning applications, liaising with local planning authorities and representing clients at planning hearings and appeals.

 

STRATA MATTERS

We have particular expertise in the area of strata (condominium) law and regulation. We are often instructed in connection with the drafting and interpretation of strata by-laws, and regularly provide advice to strata corporations on their rights and obligations and act on their behalf when necessary to enforce those rights.

 

IMMIGRATION & LICENSING

Nelson & Co provide comprehensive Immigration Law advice regarding applications for short-term visitor work visas, business visitor permits, temporary and long-term work permit grants and renewals for expatriate staff.  We also assist with applications for permanent residency (for work permit holders and those of independent means or those making a significant financial investment in the Islands), naturalisation and the right to be Caymanian together with appeals to the Immigration Appeals Tribunal.

We also advise in relation to the establishment of Cayman Islands offices and branches, including registration, licensing and/or exemption applications under the Companies Law, the Companies Management law, the Securities Investment Business Law, the Mutual Funds Law, the Banks and Trust Companies Law, the Insurance Law, the Trade and Business Licensing Law and (if necessary) the Local Companies (Control) Law.


PERMANENT RESIDENCY

We advise in connection with preparing the application for any individual to become a permanent resident of the Cayman Islands including preparing the permanent residency application form and the necessary accompanying documentation.


CAYMANIAN STATUS / NATURALISATION

We also advise in connection with preparing applications for Caymanian status and naturalisation including preparing and submitting all documentation and covering letter to the Immigration Board including advertising in the Caymanian Compass


TRADE and BUSINESS  and CAYMAN ISLANDS MONETARY LICENSING

We regularly advise in connection with preparing and submitting applications for the grant or renewal of a Trade and Business Licence and applications to the Cayman Islands Monetary Authority, to include all documentation including the application forms, return of shareholdings and covering letter.


LOCAL COMPANIES (CONTROL) LAW LICENCE

We also advise in connection with preparing applications for a Local Companies (Control) Law Licence, reviewing all relevant documentation, preparing application form, return of shareholdings and covering letter.


WORK PERMIT APPEALS

We can and frequently assist in connection with the preparation and submission of statements of appeal, the collation and revision of all information required for such appeals, the preparation and submission of such appeals to the Immigration Appeals Tribunal together with required filing fee.


IMMIGRATION APPEALS TRIBUNAL

We also advise in connection with appeals to the Immigration Appeals Tribunal for Residency, Caymanian Status and Local Companies (Control) Law Licence applications, the collation and revision of all information required for such appeals, the preparation and submission of such appeals to the Immigration Appeals Tribunal together with required filing fee

 

CAYMAN ISLANDS SPECIAL ECONOMIC ZONE (SEZ)

Nelson & Co is experienced at guiding eligible clients into the Special Economic Zone located in the Cayman Islands.  Entry into the zone is suitable for those entities primarily engaged in knowledge and technology-based activities and may be available for certain investment advisers trading in commodities and derivatives.  

We can assist with securing entry into the SEZ, where the usual requirements for a licence under the Local Companies Control Law and under the Trade and Business Licencing Law are inapplicable, where employment certificates can be issued for up to 5 years at a time, and companies may establish staffed offices from which to generate active business income in the Cayman Islands.

As is the case throughout the Cayman Islands, there are no corporate taxes, income taxes, payroll taxes, capital gains taxes or sales taxes applicable to companies and activities within the SEZ.  Nelson & Company can assist with company registration and structuring, and with setting up in the SEZ, which entitles zone companies to significant concessions granted by the Cayman Islands Government. These include an exemption from many import duties, and preferential terms for approvals for employment of non-Caymanian staff. Significantly, Cayman Islands SEZ companies can own intellectual property which can then be licensed internationally. Any business which is developing proprietary software or other IP may therefore wish to consult with Nelson & Co regarding the potentially considerable benefits of vesting the IP in a Cayman Islands SEZ company.