Segregated portfolio company: Difference between revisions

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A form of [[espievie]] where [[limited recourse]] is achieved by operation of the company’s constitutive documents, which segregates the company’s innards into segregated cells, assets in each of which are fully protected from claimants pertaining to other cells. While their host [[espievie]] does, the cells in themselves do not have  [[legal personality]] though. Contrast with [[incorporated cell company]], where the cells ''do'' have separate legal personality, and with normal old SPVs, where you can achieve more or less the same thing contractually with a combination of [[limited recourse]] and [[security]].
{{a|entity|}}A form of [[espievie]] — seen in the wild in the Cayman Islands, jersey and [[tax haven|places like that]] — where [[limited recourse]] is achieved by operation of the company’s [[constitutive documents]], which segregates the company’s innards into segregated cells, assets in each of which are fully protected from claimants pertaining to other [[cell]]s. While their host [[espievie]] is its own [[legal person]] able to live, love and enter meaningful contractual relations, the individual [[cell]]s in themselves do not.  


{{seealso}}
The [[cell]]s are recognised under domestic law — important on an insolvency — as being isolated from claims of counterparties who have contracted specifically with other cells. It is a way of achieving [[segregation]] and [[bankruptcy remoteness]] using [[statute]], rather than {{tag|contract}}, {{tag|trust}} and {{tag|equity}}.
 
Contrast with [[incorporated cell company]], where the cells ''do'' have separate [[legal personality]], and with normal old {{tag|SPV}}s, where you can achieve more or less the same thing contractually with a combination of [[limited recourse]] and [[security]].
 
{{sa}}
*[[Limited recourse]]
*[[Limited recourse]]
*[[Bankruptcy remoteness]]
*[[Bankruptcy remoteness]]
[[Incorporated cell]]
*[[Incorporated cell company]]