Restructuring Offshore
24 Dec 2024

GPs behaving badly: disputes involving Cayman exempted limited partnerships

Private equity managers domicile their closed-ended funds in the Cayman Islands using the exempted limited partnership structure for two main reasons: tax efficiency and the flexibility to define the rights and obligations of the fund’s stakeholders in contract with minimal legislative interference. When it comes time to liquidate or restructure these funds, complications can often arise due to the novel nature of these partnership structures. Recent first instance and appellate decisions in the Cayman Islands have clarified how these partnerships are to be liquidated and restructured. This article summarises those decisions and offers some practical points for how investors can best protect their positions when they invest in these structures.

Appleby-Website-Mauritius2
23 Dec 2024

The Mauritius Revenue Authority takes bold policy decision to treat compensation under Compromise Agreements as exempt income

In a bold move, the Mauritius Revenue Authority has decided on the 20 December 2024 to treat compensation received under a compromise agreement pursuant to Section 16 of the Workers Rights Act as “exempt up to a maximum of Rs 3 million”.

Website-Code-Bermuda
13 Dec 2024

Gifting a home in Bermuda: a review of your options

A home can be gifted to a spouse, or the next generation either during an owner’s life, or as an inheritance. Either way has pros and cons, including stamp duty (tax) considerations.

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10 Dec 2024

Bermuda: Americas Restructuring Review 2025

This article discusses the defining features of Bermuda’s insolvency landscape and the primary insolvency and rescue procedures available under Bermuda law, including compulsory liquidations and schemes of arrangements. T

Appleby-Website-Privacy-and-Data-Protection
5 Dec 2024

Digital identity services in Bermuda

There is steep demand for the ability to authenticate a person’s identity through the use of a trusted repository of their digital information.

Appleby-Website-Privacy-and-Data-Protection
28 Nov 2024

Augmented Advocacy Series (Bermuda): Copyright infringement in the age of AI

Artificial intelligence is revolutionising the way that humans solve problems and create.

JPLs, Directors and Arbitration: Grand Court Clarifies the Scope of Provisional Liquidators' Powers
21 Nov 2024

Privy Council clarifies Cayman Islands law on shareholder standing to bring personal claims against a company alleging that shares were allotted for an improper purpose

In a recent decision, overturning the Cayman Islands Court of Appeal, the Privy Council has provided some welcome certainty in the Cayman Islands regarding the circumstances in which shareholders have standing to bring personal claims against a company to challenge an improper exercise of power by the company’s directors.

Appleby-Website-Employment-and-Immigration
19 Nov 2024

When and how to vary a Bermuda contract of employment

A contract of employment is a legal agreement that sets out the terms and conditions of an employee’s work and which, once agreed, cannot be unilaterally altered or varied by either party without the mutual agreement of both the employer and the employee. Under s.6 of the Employment Act 2000, a “statement of employment”, aka a contract of employment, must be provided to all those who meet the statutory definition of employee. An employee is “a person who is employed wholly or mainly in Bermuda for remuneration under a contract of employment” but not someone who is a contractor or who falls into the list of exceptions at s.4(2) of the Employment Act 2000.

Appleby-Website-Arbitration-and-Dispute-Resolution
14 Nov 2024

Legal 500: A Comparative Guide to International Arbitration

A Legal 500 Guide to Arbitration provides a country specific Q&A overview of international arbitration laws and regulations applicable in the Cayman Islands.