Release cash from stock and debtors, without borrowing a dollar “We’ve never been busier, and we’ve never been shorter of cash.” It is the sentence we hear more than any other from Caribbean business owners in trouble, and it sounds like a contradiction. It is not. It is arithmetic. A business that pays its suppliers...
A standing guide for owner-managed businesses, their boards and their advisers The Dawgen Value Architecture™ Most owner-managed businesses in the Caribbean are worth less than the people who built them believe. That is not a comment on the quality of those businesses. It is a comment on the difference between value that exists and value...
Every technology returns, eventually, to the problem that created it. Article 3 of this series traced the cell company’s birth to the captive insurance boardrooms of the 1990s, where rent-a-captive platforms were selling a separation they could not legally guarantee. A quarter-century later, the segregated accounts company (SAC) arrives in Jamaica as a general-purpose vehicle...
With the rules of the regime now fully mapped — the ring-fence, the gateway, the governing instrument, the directors’ discipline and the machinery of contained collapse — this series turns to application, and it begins where the impact will likely be felt first: the funds industry. Government commentary on Jamaica’s Segregated Accounts Companies Act, 2024...
Most corporate structures are designed for success and merely endure failure. The segregated accounts company (SAC) is different: it was designed, from its first principles, for the day something fails. Every rule this series has examined — the linking of Article 4, the gateway of Article 5, the governing instrument of Article 6, the directors’...
Every statute needs an enforcement engine, and the segregated accounts company (SAC) regime chose its engine deliberately: the personal balance sheet of the director. Where most corporate law sanctions the company and lets individuals shelter behind the veil, the SAC model inverts the design at its most sensitive point — disclosure. A SAC that...
Every corporate vehicle has a document at its heart. For a company it is the articles; for a trust, the deed; for a partnership, the agreement. For a segregated account inside a Jamaican segregated accounts company (SAC), it is the governing instrument — and this series has already flashed its warning light twice. Article 4...
Article 4 walked through the interior of the segregated accounts company — the linking, the recourse rules, the priority ladder. This article stands at the front door. Becoming a segregated accounts company (SAC) is not a box ticked on an incorporation form; it is a supervised admission, designed by the regional model on which...
The first three articles in this series established why Jamaica’s Segregated Accounts Companies Act, 2024 matters: it converts asset segregation from a contractual promise into a property of the law, drawing on a quarter-century of Caribbean cell-company practice. This article — the first of the series’ second arc, on the rules themselves — moves...
Every seasoned Jamaican transaction lawyer has drafted the clause. “The Lender’s recourse shall be limited to the assets of Project A and shall not extend to any other assets of the Borrower.” It is careful, it is customary, and — between the parties who signed it — it works. The uncomfortable truth the market...
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