The firm advises clients across the entire range of offshore corporate law and practice, from the formation of International Business Companies (IBCs) and domestic (CAP 285) companies, to all classes of partnerships and Limited Liability Companies (LLCs). The firm advises on the appropriate choice of entity, location and corporate structure, and then drafts the necessary documents. Members of the firm have extensive experience in venture capital and corporate finance matters, both for investors and for companies raising finance.

Members of the firm work closely with the client in order to understand the business and its objectives, and where appropriate, prepare and negotiate the shareholder, partnership or joint venture agreements. These documents are designed to help the participants understand their respective rights and obligations, achieve their objectives, and as importantly, provide a quick and cost effective exit route if necessary.

Acquisitions, disposals and mergers raise a host of issues upon which the firm advises. These issues range from the basic commercial structure of the deal to the undertaking of due diligence (to establish exactly what is being sold and purchased), as well as to all of the corporate, employment, real estate, intellectual property and other matters which may arise.

Members of the firm have extensive experience in dealing with these matters in the United Kingdom, the United States and the British Virgin Islands.

Offshore mutual funds have constituted one of the major growth sectors in the investment industry over the past five years. Hewlett Beck & Arad offers a complete and comprehensive service for the establishment of mutual funds. Once informed of the client's investment and marketing objectives, we will advise on the most appropriate corporate structure, review or draft the prospectus and offering documents, prepare the complex Memorandum and Articles of Association required, and develop and negotiate all associated documents, such as Investment Management, Administration and Custodian Agreements.

Hewlett Beck & Arad has taken a particular interest in the development of the new BVI Mutual Funds Act 1996 and the (Amendment) Act 1997, and has been in regular contact with the government with respect to the development and drafting of the legislation. As such, Hewlett Beck & Arad is well placed to advise on the new provisions and assist with all registration, recognition and licensing applications required under the new legislation.

Access to the Internet and related technological developments have changed the way in which people communicate and conduct business. Electronic commerce and a presence on the World Wide Web involve issues of privacy, contract, jurisdiction, tax, security, trademark and copyright, in both the domestic and international arena. Effective planning, conscious web development and careful drafting are crucial in this exciting and rapidly evolving area of law.

The establishment and administration of trusts in the BVI has been greatly facilitated by modern trust legislation. The Trustee Act (as amended) incorporates the best features of English Common Law, and has been developed to take account of the legal, economic and practical demands of a modern world. The Trustee Act also provides for the establishment of non-charitable purpose trusts, which are simply not available in many jurisdictions.

Hewlett Beck & Arad advises both settlers and trust companies on the establishment of trusts, although it is important to note that trust issues only begin with the drafting of the trust deed. Thereafter, questions continually arise with respect to the rights and obligations of the trustee, the beneficiaries, and the settler. Such questions may include the following: what kind of investments can be made, when can beneficiaries request distributions, and what happens on termination of the trust. Members of the firm have extensive experience resolving such questions.

When BVI entities, trusts or BVI-based assets are involved in commercial disputes, often the only recourse is through the courts. From simple debt collection to complex contractual disputes and shareholder actions, Hewlett Beck & Arad is experienced in advising on the most efficient legal remedies and strategies available. Where appropriate, pre-action and pre-trial relief can be obtained, such as injunctions expedited discovery and other interim orders. Finally, once judgment is obtained, Hewlett Beck & Arad can assist in tracing the assets of the defendant and enforcing judgment against them. On the other hand, the firm vigorously defends clients against unwarranted claims.

At all stages, Hewlett Beck & Arad guides the client through the litigation process and advises on the most cost-effective strategies and solutions. With access to the most current online legal research in U.K., U.S. and British Commonwealth jurisdictions, the firm ensures that the latest relevant decisions from around the world are cited to assist the client's case.

For international business, registration of trademarks in the BVI can be a convenient and cost-effective way to protect brand names (if a trademark is already registered in the U.K., the process is even easier). Trademarks can also be registered prior to first use. If necessary, Hewlett Beck & Arad can commence opposition proceedings and infringement actions when others improperly attempt to use the owner's marks.

Where intellectual property rights are held by offshore companies, proper licensing and confidentiality agreements are essential to enable these companies to exploit technology worldwide while minimizing the risks of copying and reverse engineering. Members of the firm are experienced in advising on international licensing, product development and distribution agreements, which help develop the client's high-tech business and protect its R&D investment.

From advising banks around the world to dealing with letters of credit and complex loan agreements, members of Hewlett Beck & Arad are equipped to deal with the full range of commercial bank transactions. The firm can also advise on banking regulatory issues in the BVI, and has regular contact with the BVI regulators on a range of issues affecting the financial services industry.

Whether the wish is to own a home in a Caribbean or build or buy a hotel or other commercial development, Hewlett Beck & Arad's practical experience in real estate matters is second to none. Purchases, sales, leases, financing, timesharing, construction contracts and licensing requirements are handled by members of the firm in an efficient manner, with a focus on the client's commercial objectives in entering into the transaction.

With over 200,000 IBCs incorporated, the BVI has proven itself as the jurisdiction of choice for international businesses. A significant proportion of those companies require commercial contracts, distribution agreements and international terms and conditions of sale. International trade raises a host of issues that are not relevant in domestic business transactions -- international payment mechanisms and liability in particular.

With lawyers trained and experienced in business matters in the United Kingdom, United States and the Caribbean, Hewlett Beck & Arad is able to offer a practical understanding of multinational business. Furthermore, many of the emerging markets in the Caribbean, Africa and the Far East have legal systems based upon English Common Law. Members of the firm who are trained in the English and American legal systems are able to bridge the cultural and legal gaps which may otherwise pose problems in transacting business in those markets.