Constitution or Shareholders’ Agreement – which one prevails?
In the daily practice of a corporate lawyer in Mauritius, a common item which crops up when seeking to ascertain the management rights and duties and obligations of the various stakeholders of a company is whether one should give prevalence to the company’s constitution or to its shareholders’ agreement.
Corporate Criminal Liability for Failure to Prevent Money Laundering
On 28 January 2022 the Government of Jersey launched a consultation, which closes on 21 February 2022, regarding proposals to introduce a new corporate criminal offence for any financial services business (FSB) which fails to prevent money laundering and terrorist financing.
This article casts light upon the recent case in June this year of Re Q [2021] JRC 166. This case provides useful guidance as to the Royal Court’s approach in relation to applications to set aside a trust on the grounds of mistake, where it is acknowledged that the relevant person was aware of some risk of adverse tax consequences.
The parent trap and employer fairness
The last twelve months have been difficult for so many of us in so many different ways. We have found ourselves in and out of lockdowns, isolated from loved ones and all with a heightened sense of anxiety and an overhanging sense of threat from the pandemic.
The use of Cayman Islands Structures for SPAC IPOs
Special purpose acquisition companies (SPACs), also known as “blank cheque companies” or “shell companies”, are re-emerging as a powerful alternative to traditional IPOs in the current volatile market.
Considerations for trustees during coronavirus (COVID-19)—the view from Jersey
Private Client analysis: Who saw a global pandemic coming in 2020? Was anyone ready for it? David Dorgan, partner at Appleby, Jersey discusses some of the relevant considerations and challenges for trustees during these unprecedented times of coronavirus (COVID-19). In particular, trustees need to be constantly mindful of their duties and obligations and be proactive in taking steps as required to ensure they adhere to their duties and obligations. In addition, social lockdown and remote working as a result of coronavirus has made many trustees question the formal requirements for trustees’ meetings, as well as the execution of trust documents.
Offshore region records busiest start to the year for M&A activity over past five years
The offshore region recorded more M&A transactions in the first half of 2019 than in the same time period over any of the past five years, according to a report released today by offshore law firm Appleby.
