Bermuda encourages investment with residential certificates
On March 31, 2023, the Bermuda Government replaced its previous tool intended to attract capital to the island, through residency incentives, with the Economic Investment Residential Certificate programme.
Achieving Bankruptcy Remoteness in Structured Finance
The structured finance market in the APAC region continues to grow in recent years, particular in the number of new issuances and the use of different financial products in complex structuring. Cayman special purpose vehicles (SPVs) are one of the most utilized offshore vehicles in the Asian structured finance industry, which is well supported by established legal and regulatory regimes. This article introduces a key feature of securitisation and repackaging, which is the ring-fencing of assets and removing them from the bankruptcy risks of the originator/seller of the assets – often referred to as bankruptcy remoteness. Investors of structured notes can simply take on the credit risks of the underlying asset, and the seller can achieve off-balance sheet treatment of the underlying asset.
Minority shareholder protections in the Cayman Islands - What are your options?
Minority shareholders often query whether a jurisdiction’s laws afford them a level of comfort or protection. Although there is no standalone statutory remedy under the Cayman Islands Companies Act (as revised) (the Act) for actions by controlling shareholders which are unfairly prejudicial to minority shareholders (or non-voting shareholders), Cayman Islands law does provide several avenues of protection for those seeking redress.
Bermuda Paves the Way for Captive Insurers with New Stablecoin Policy
The Bermuda Monetary Authority (BMA) has announced a significant new policy framework that allows captive insurers to integrate recognized stablecoins into their operations, marking a progressive step for the island's competitive insurance jurisdiction. This move comes in response to increasing market demand and reinforces Bermuda's commitment to fostering responsible innovation while maintaining robust regulatory oversight.
Are our Courts tilting towards procedural flexibility?
Case Commentary: R.K.G FRUITS CO LTD v MAERSK (MAURITIUS) LIMITED 2025 SCJ 220. In a significant decision reaffirming the principle that procedural technicalities should not override substantive justice, the Court of Civil Appeal allowed an appeal overturning an interlocutory judgment of the Bankruptcy Division that had dismissed an application to set aside a statutory demand on the basis of a contested board resolution.
Bermuda benefits from a strong and capital efficient regulatory regime
Bermuda’s long-term reinsurance sector is experiencing a new phase of complexity and scrutiny but will remain strong, say Max Tetlow and Cathryn Minors of Appleby.
Insurance and reinsurance in the Isle of Man: Overview
Appleby has contributed to a guide on Insurance and Reinsurance in the Isle of Man for Practical Law, which is a key online know-how resource for lawyers and in-house counsel engaging in cross-border work.
In Byju's Alpha Inc v OCI Ltd and others [2025] EWHC 271 (KB), the English High Court (High Court) set aside an order giving effect to a letter of request on the basis that it was oppressive, because it would have allowed the applicant to obtain testimony and documents from the respondents prior to formulating proceedings against them. We consider the key takeaways from a Cayman perspective on how to avoid the traps and pitfalls identified by the High Court.
Bankruptcy & Restructuring – To Enforce, or not to Enforce
Bermuda’s flagship restructuring process is the appointment of provisional liquidators, whose powers can be tailored to meet the specific need of a particular situation. It is very common, for instance, for provisional liquidators to be empowered to promote a scheme of arrangement between an insolvent company and its creditors. The practice is now developed to the point where the Court will generally not permit an insolvent company to promote a scheme of arrangement unless provisional liquidators are appointed.
Digital transformation done right (Bermuda)
As any specialised tech lawyer or technology consultant will tell you, digital transformation projects are not for the faint of heart.