Americas Restructuring Review 2022
This chapter 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. The restructuring of Noble Group Limited is presented as a case study, to illustrate the use of provisional liquidation to facilitate a restructuring via a scheme of arrangement. The chapter also reviews the role of the Bermuda court in cross-border insolvencies and the creditor-friendly nature of the insolvency regime in Bermuda.
A growing hub for the life sector
Bermuda has become a flourishing focal point for long-term insurance and reinsurance, offering the Island’s economy an increasingly lucrative pillar. Brad Adderley, partner at law firm Appleby, explains what it means for Bermuda.
Provisional liquidation in Bermuda and the selection of provisional liquidators
In the absence of a formal equivalent to English administration proceedings or U.S. Chapter 11 proceedings, Bermuda has developed its own unique restructuring regime through the use of provisional liquidation.
Cryptocurrencies and estate planning
When a person dies having made a will, their personal estate is transferred to their personal representatives and thereafter to the person, or people, who have been named as beneficiaries, once the administration of their estate is complete.
What challenges and opportunities will 2022 present for funds, private equity and venture capital?
Hong Kong Partner Marc Parrott attended two major funds industry events in Asia.
Whistleblowing issues for employers
In recent years there have been a number of high-profile scandals brought to light by the actions of so-called ‘whistleblowers’ – individuals who make public their concerns about an organisation’s wrongdoing – including Edward Snowden’s revelations about the US National Security Agency and the recent ‘Facebook Files’ case.
Regulatory Approach to ESG across the Crown Dependencies
New requirements may require investment products to display a label reflecting their sustainability characteristics and product-level SDR disclosures. The aim would be to promote transparency and trust through high-quality sustainability disclosures, hold businesses to account in their use of such terms and protect investors from the risk of greenwashing. In this context, the Appleby Regulatory team in each of the Crown Dependencies consider the approach of the regulators in their respective jurisdictions and how the regulatory landscape in respect of ESG and sustainable investments is evolving.
'Jersey's Relationship with India: Political, Commercial and Cultural Connections'
Jersey First for Finance has recently published a guide entitled ‘Jersey’s relationship with India: Political, Commercial and Cultural Connections’. In it, Appleby Jersey Private Client & Trusts Group Head, David Dorgan, discusses the role his team plays in providing trust, company and foundation services to private individuals, families and fiduciary businesses in India.
Hong Kong Harbours Long-Term ILS Ambitions
The launch of Hong Kong’s first catastrophe bond signals the start of a new era for Asia’s insurance market.
Trustee Knowledge Series: Advanced Paper Five - Trusts with Reserved Powers
Part of our series of Trustee Knowledge Papers, set out to be a useful reference guide for all levels of Trust company administration; from junior administrator to director. This is the fifth paper in the advanced series.