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.
Although it is well-understood that fiduciaries are subject to the no profit rule, its proper ambit has long been a source of uncertainty and debate: is the fiduciary precluded only from making unauthorised profits from the same business or activity that its principal has entrusted it to pursue, or does the restriction go somewhat further? The UK Supreme Court recently answered that question in Rukhadze v Recovery Partners, providing welcome clarity on the default position under the rule and illuminating the ways in which liability for honest breaches might potentially be avoided.
Cayman Islands Regulatory Round Up - Spring 2025
The round-up provides a concise yet thorough summary of regulatory developments relevant to financial service providers (FSPs) and other stakeholders in the Cayman Islands. It highlights key legislative changes, publications by the Cayman Islands Monetary Authority (CIMA), updates on financial sanctions, and anticipates upcoming changes through "horizon scanning”. Links to the underlying CIMA publications, as well as related Appleby published briefings and e-alerts are available throughout this document. The information provided is “as of” 28 May 2025.
