Appleby Jersey experts explain why changes to the Financial Services (Jersey) Law 1998 help protect non-professional investors for investment activity brought about by an “arranger” in or from within the island.
Lay Offs: A practical analysis of the legislation for employers
The choice to make lay offs is never an easy one. It is also an area of business where the commercial and the personal inevitably overlap, making it even more challenging. It is important therefore that employers are well-equipped to manage the lay off of employees.
Bermuda: Economic Substance – Trends in Compliance and Enforcement
This article provides a brief summary of the legislative framework concerning the regulation of the ES requirements and provides some insights from our experience practising in this area.
The Insolvency Review: Bermuda
The Insolvency Review offers an in-depth review of the most consequential features of the insolvency laws and procedures in key jurisdictions worldwide. It also examines the practical implications of recent market trends and insolvency case developments.
Bermuda: Investors still wary of sidecars despite upbeat outlook for 2023 returns
Sidecar vehicles are expected to return on average 20%-30% in 2023, assuming no major loss event in the remaining weeks of the year, according to sources canvassed by Trading Risk.
Why so Seri(e)ous? Cayman Series Partnerships in fund finance transactions
Funds make use of series partnerships across jurisdictions to allow for segregation of partnership interests, assets, distributions and operations into separate series or classes. A particular quirk of Cayman series partnerships (“CSP”), however, is that they are not statutory entities and instead exist solely as a matter of contract. It is therefore very important for lenders to understand how this structure differs from statutory series vehicles and how this might impact a financing.
Bermuda: Privacy and the Private Sector
Bermuda’s Personal Information Protection Act 2016, which comes into full force on January 1, 2025, includes an important compliance obligation that the public sector is far more familiar with than the private sector.
Intention Matters in the Matter of Aubit International
In a judgment delivered on 4 October 2023 the Honourable Justice Doyle dismissed a petition for the appointment of restructuring officers pursuant to section 91B of the Companies Act (2023 Revision). This marks the second occasion that the Grand Court has, following its decision of Re Oriente Group Limited provided judicial guidance in respect of the new restructuring officer regime.
A comparison between the GDPR and the Jersey Data Protection Law
Richard Field discusses key aspects of Jersey's recently enacted data protection legislation in comparison to GDPR, including definitions, registration requirements, international data transfers, and enforcement measures.
Board Governance: Caring for your Bermuda Captive
If there is one topic that always comes up in major captive conferences, it’s the best way to manage your captive now that you’ve set it up. First-time captive managers are always seeking advice on this area, hanging on every word from speakers on panels on the topic.
