Offshore magic circle

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The offshore magic circle is the set of the largest multi-jurisdictional law firms who specialise in offshore financial centres, especially the laws of the British Overseas Territories of Bermuda, Cayman Islands, and British Virgin Islands, and the Crown dependencies of Jersey, Guernsey and The Isle of Man.

Contents

The same firms are also increasingly advising on the laws of onshore financial centres, especially Ireland and Luxembourg. [1]

Definition

The term is a derivation of the widely recognised London 'magic circle' of top law firms, and is widely used in the offshore legal industry. [2] [3] [4] [5] The term has also become used to describe the offshore legal industry in a more pejorative sense (e.g. when the general media reports on Paradise Papers–type offshore financial scandals), [6] [7] [8] [9] and is therefore more sparingly used, or found, in major legal publications (e.g. Legal Business).

There is no consensus definition over which firms belong in the offshore magic circle. A 2008 article in the publication Legal Business (Issue 181, Offshore Review, February 2008) suggested a list, which has been repeated by others, [10] and is simply the top 10 offshore law firms, but excluding Gibraltar–specialist Hassans. [11] [lower-alpha 1]

Criticism

In the wider legal community, it has been suggested that the 'magic circle' label for offshore firms is self-promoting. Not only does the group suggested by Legal Business seem large (with nine firms, as opposed to the five firms in the original London magic circle), but it also appears to contain a fairly high percentage of all the specialist offshore law firms, including almost all the significant Channel Islands firms. [11]

The major offshore firms do not use the 'magic circle' terminology. Edward Fennell, a legal columnist for The Times , has expressed dim views of law firms designating themselves as part of an offshore magic circle. [12] However, the concept of an offshore magic circle is actively promoted by legal recruitment consultants who hope to persuade London lawyers to spend a few years working in an offshore jurisdiction. [10]

Endorsement

The Chambers legal directory in its 2008 edition, recognised the move towards multi-jurisdictional specialist offshore firms, and included a new ranking for global offshore specialist firms, rather than by jurisdiction. [13] Arguably this was the first defined "offshore magic circle", although the directory did not use the term.

That Chambers list included the same names as the list produced by "Legal Business" in its 2008 Offshore Review article. In addition, Chambers stated that single-jurisdiction offshore specialist firms (e.g. Hassans), no matter how good, would not be considered in this new Global – Offshore category. [14]

The Lawyer magazine produces a list of the top twenty offshore law firms by number of partners, published each February. [15]

Multi-jurisdiction firms

The following table sets out the offshore jurisdictions in which the principal multi-jurisdictional offshore firms practise law (correct as of March 2020). The table does not list 'sales' offices, where the firms do not practise the local law (typically, they will have an office in London, Zurich, and/or other large onshore centres, but will not practise English or Swiss law). However, Ireland and Luxembourg are included in this table, as several firms have moved into practising law in those two "midshore" jurisdictions, especially with regards funds, where they compete with large onshore firms like Matheson.

Multi-jurisdiction offshore law firms
FirmLawyers (2018) [11] Bermuda BVI Cayman Ireland Guernsey Jersey Mauritius Luxembourg Other"Home" jurisdiction
Appleby184YesYesYesYesYesYesHong Kong, Isle of Man, Seychelles Bermuda
Bedell Cristin72YesYesYesYesJersey
Carey Olsen210YesYesYesYesYesHong KongChannel Islands*
Conyers139YesYesYesHong KongBermuda
Harneys162YesYesYesYesYesAnguilla, Cyprus, Hong KongBritish Virgin Islands
Maples303YesYesYesYesYesHong Kong, DubaiCayman Islands
Mourant Ozannes238YesYesYesYesHong KongChannel Islands*
Ogier200YesYesYesYesYesYesHong KongJersey
Walkers269Yes [16] YesYesYesYesYesDubai, Hong Kong, LondonCayman Islands

* Carey Olsen was formed by the merger of two roughly equivalent sized firms from Jersey and Guernsey. Mourant Ozannes was formed by a merger of firms from Jersey, Guernsey and the Cayman Islands.

See also

Notes

  1. The odd one out is offshore law firm Hassans, a Gibraltar-based law firm which ranks 9th in terms of total lawyer numbers, one place ahead of 10th ranked Bedell, however, Hassan's is not a "multi-jurisdictional" offshore law firm.

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<span class="mw-page-title-main">Offshore bank</span> Bank located outside the country of residence of the depositor

An offshore bank is a bank that is operated and regulated under international banking license, which usually prohibits the bank from establishing any business activities in the jurisdiction of establishment. Due to less regulation and transparency, accounts with offshore banks were often used to hide undeclared income. Since the 1980s, jurisdictions that provide financial services to nonresidents on a big scale can be referred to as offshore financial centres. OFCs often also levy little or no corporation tax and/or personal income and high direct taxes such as duty, making the cost of living high.

"The Magic Circle" is an informal term describing the five most prestigious London-headquartered multinational law firms, which generally outperform the rest of the London law firms on profitability. The term has also been used to describe the most prestigious barristers' chambers in London. All of the 'Magic Circle' law firms and barristers' chambers specialise primarily in corporate law.

Offshore investment is the keeping of money in a jurisdiction other than one's country of residence. Offshore jurisdictions are used to pay less tax in many countries by large and small-scale investors. Poorly regulated offshore domiciles have served historically as havens for tax evasion, money laundering, or to conceal or protect illegally acquired money from law enforcement in the investor's country. However, the modern, well-regulated offshore centres allow legitimate investors to take advantage of higher rates of return or lower rates of tax on that return offered by operating via such domiciles. The advantage to offshore investment is that such operations are both legal and less costly than those offered in the investor's country—or "onshore".

<span class="mw-page-title-main">Harney Westwood & Riegels</span> Global offshore law firm

Harney Westwood & Riegels is a global offshore law firm that provides advice on British Virgin Islands, Cayman Islands, Cyprus, Luxembourg, Bermuda and Anguilla law to an international client base that includes law firms, financial institutions, investment funds, and private individuals. They have locations in major financial centers across Europe, Asia, the Americas and the Caribbean.

<span class="mw-page-title-main">Maples Group</span> Offshore magic circle tax law firm

Maples Group is a multi-jurisdictional firm providing legal and financial services, headquartered in the Cayman Islands. It has offices in many financial centres around the world, including several tax neutral jurisdictions. Its law firm is a member of the offshore magic circle, and specialises in advising on the laws of the Cayman Islands, Ireland, Luxembourg, Jersey and the British Virgin Islands, across a range of legal services including commercial litigation, intellectual property, sport, and finance, in which the firm has a focus on the structuring of tax efficient legal structures.

Orphan structure or Orphan SPV or orphaning are terms used in structured finance closely associated with creating SPVs for securitisation transactions where the notional equity of the SPV is deliberately handed over to an unconnected 3rd party who themselves have no control over the SPV; thus the SPV becomes an "orphan" whose equity is controlled by no one.

<span class="mw-page-title-main">Hassans</span> Gibraltarian Law Firm

Hassans International Law Firm Limited is the largest law firm in Gibraltar. It has approximately 90 lawyers and was established in 1939 by Sir Joshua Hassan GBE, KCMG, LVO, GMH, KC. The firm's current senior partner is James Levy CBE KC, nephew of Sir Joshua. Former Hassans' partner Fabian Picardo KC is the current Chief Minister of Gibraltar.

Appleby is a leading offshore legal services provider.

Conyers is an international law firm. Their client base includes FTSE 100 and Fortune 500 companies, international finance houses and asset managers. The firm advises on law practiced in Bermuda, British Virgin Islands and the Cayman Islands. Conyers Headquarters is situated in Hamilton, Bermuda and has international offices in Hong Kong, London and Singapore. Conyers also provides several corporate, trust, compliance, governance and accounting and management services.

The Silver Circle is a group of elite corporate law firms headquartered in London that has evolved significantly as the UK legal market has been affected by globalisation and mergers. The law firms generally described by The Lawyer magazine as comprising the Silver Circle were historically Ashurst, Herbert Smith, Macfarlanes, SJ Berwin and Travers Smith.

<span class="mw-page-title-main">Deacons (law firm)</span> Hong Kong–based law firm

Deacons is a leading law firm in Hong Kong with over 300 attorneys and 700 employees.

<span class="mw-page-title-main">Ogier (law firm)</span> Offshore magic circle law firm

Ogier is a law firm with offices in the BVI, the Cayman Islands, Guernsey, Ireland, Jersey and Luxembourg. It is a member of the offshore magic circle.

<span class="mw-page-title-main">Walkers (law firm)</span> Offshore magic circle law firm

Walkers is a Cayman Islands headquartered offshore law firm. Walkers provides legal, corporate, compliance and fiduciary services to global corporations, financial institutions, capital markets participants and investment fund managers. Walkers practices the laws of six jurisdictions from ten offices globally. It is a member of the offshore magic circle.

<span class="mw-page-title-main">Offshore financial centre</span> Corporate-focused tax havens

An offshore financial centre (OFC) is defined as a "country or jurisdiction that provides financial services to nonresidents on a scale that is incommensurate with the size and the financing of its domestic economy."

Mourant is an offshore law firm headquartered in Saint-Helier, Jersey. Mourant is one of the largest offshore law firms, with just over 70 partners and 700+ staff. It is a member of the offshore magic circle.

<span class="mw-page-title-main">Carey Olsen</span> Offshore magic circle law firm

Carey Olsen is an offshore law firm with offices in Bermuda, the British Virgin Islands, Cape Town, Cayman Islands, Guernsey, Jersey, London, Hong Kong and Singapore advising on Bermuda, British Virgin Islands, Cayman Islands, Guernsey and Jersey law.

Fund governance refers to a system of checks and balances and work performed by the governing body (board) of an investment fund to ensure that the fund is operated not only in accordance with law, but also in the best interests of the fund and its investors. The objective of fund governance is to uphold the regulatory principles commonly known as the four pillars of investor protection that are typically promulgated through the investment fund regulation applicable in the jurisdiction of the fund. These principles vary by jurisdiction and in the US, the 1940 Act generally ensure that: (i) The investment fund will be managed in accordance with the fund's investment objectives, (ii) The assets of the investment fund will be kept safe, (iii) When investors redeem they will get their pro rata share of the investment fund's assets, (iv) The investment fund will be managed for the benefit of the fund's shareholders and not its service providers.

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Estera was a global provider of corporate, trust, fund and accounting services. The company was created following a management buyout of the fiduciary group of Appleby. It rebranded as Estera in April 2016. In February 2020 Estera merged with Ocorian.

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References

  1. "'Offshore magic circle' law firms fear Paradise Papers fallout". Financial Times. 17 November 2017.
  2. Madison Marriage (10 November 2017). "Offshore Magic Circle law firms fear Paradise Papers fallout". Financial Times . The "offshore magic circle", a term given to the top firms based in the Caribbean and the Channel Islands that specialise in helping clients move money to low-tax countries, include Ogier, Mourant Ozannes, Walkers, and Maples and Calder, as well as Appleby.
  3. "Race to the top". CML Recruitment. 10 March 2010.
  4. "Offshore law firms in Caribbean uprooted in aftermath of Hurricane Irma". LegalWeek. 12 September 2017.
  5. "Appleby, the offshore magic circle firm". BBC News. 5 November 2017.
  6. "Appleby, the offshore law firm with a record of compliance failures". Irish Times. November 2017.
  7. "Why we are shining a light on the world of tax havens again". The Guardian. 5 November 2017.
  8. "Paradise Papers leak reveals secrets of the world elite's hidden wealth". The Guardian. 5 November 2017.
  9. "What is the Offshore Magic Circle?". The Times. 6 November 2017.
  10. 1 2 "Offshore Magic Circle : In Their Own Words". Hamilton Recruitment. 17 January 2017.
  11. 1 2 3 "The Offshore Top 30 2018: The rankings". The Lawyer . 30 April 2018. Archived from the original on 14 November 2019.
  12. "The Times & The Sunday Times". Timesonline.co.uk. 16 April 2016.
  13. "Offshore – Global–Wide". Chambersandpartners.com. Retrieved 16 April 2016.
  14. "Global Guide OFFSHORE — GLOBAL-WIDE". Chambersandpartners.com. 2018.
  15. "Offshore | The Lawyer | Legal News and Jobs | Advancing the business of law". The Lawyer . Archived from the original on 19 January 2013. Retrieved 16 April 2016.
  16. "Taylors in association with Walkers". Walkers. Archived from the original on 10 January 2017. Retrieved 21 September 2016.