The Global sees us share updates and insights from across our network of international offices on the latest legislative news, trends or developments impacting the corporate sector.
Where Public Policy Collides: Arbitration v. Insolvency
In an important decision which is likely to be widely cited, and to have significant ramifications for practice in the English Companies Court, the Privy Council has today decided that the decision of the English Court of Appeal in Salford Estates (No 2) v. Altomart was wrongly decided: Sian Participation Corp v. Halimeda [2024] UKPC 16. Privy Council decisions are usually only of persuasive effect in England, but the Board has, for the first time, issued a Willers v. Joyce direction to the effect that Salford is no longer to be followed in England.
ESG and private equity – towards a new role for lawyers?
Since the outbreak of the COVID-19 pandemic, much has been said on the importance of environmental, social and governance (ESG) in the private equity industry. Recently, the concept gathered momentum through the coming into force of the EU Taxonomy¹ on 01 January 2022 and the EU Sustainable Financial Disclosure Regulation in 2022. As a result of these rules, disclosures under the Task Force on Climate-Related Financial Disclosures became mandatory.
The Global sees us share updates and insights from across our network of international offices on the latest legislative news, trends or developments impacting the corporate sector.
Cayman Islands Regulatory Round Up 2024
This update takes a look back at the key legal and regulatory developments which occurred during 2023. It also considers key legal and regulatory developments which will affect persons, including financial services providers (FSPs) operating in and from within the Cayman Islands during 2024.
The Global sees us share updates and insights from across our network of international offices on the latest legislative news, trends or developments impacting the corporate offshore industry.
Service via NFT Air-Drop as Good as Gold in the BVI
In the case of AQF v (1) XIO (2) VQF, (3) CGN the BVI Court approved an ex parte order for service by alternative means by serving the “unknown” First Defendants by non-fungible token (NFT) airdrop to digital wallet addresses in the BVI’s first published decision permitting alternative service via NFT air-drop under the new Eastern Caribbean Supreme Court Civil Procedure Rules (Revised Edition) 2023, as well as a mandatory freezing and disclosure order against the Second and Third Respondents as “issuers” of the tokens.
HKEX’S Proposed Expansion of Paperless Listing Regime
On 30 June 2023, HKEx published the conclusions of the consultation on expanding the paperless listing regime and certain rule amendments, in an effort to foster environmental sustainability and to support the global initiatives towards greener economies and a sustainable future.
A Comparative Analysis of BVI and Bermuda Law Security Registration Formalities
The British Overseas Territories of Bermuda and the British Virgin Islands (BVI) are widely recognised as two of the world’s leading international financial services centres. Each is known as providing creditor-friendly legal systems, aided by pragmatic and commercial security registration regimes. These security registration regimes make these jurisdictions attractive options for lenders and businesses to consider when entering into secured financing transactions. This article examines and compares the registration formalities to be met in the BVI and Bermuda, should a lender wish to take security over the assets of BVI and Bermuda entities. In this analysis reference is made to security interests granted as being “charge/s”. However, this term is applied generically and refers to various forms of security interests granted under mortgages, pledges, legal and equitable charges (fixed and floating), assignments, liens and debentures.
G20 Sustainable Finance Initiative and Offshore Green Financing
Green and sustainable finance has been expanding rapidly as investment decisions are increasingly taking into account environmental, social and governance (ESG) factors.
