Appleby-Website-Fund-Finance
12 Aug 2025

Cayman Ultimate General Partners in Subscription Facilities: Do They Ultimately Matter?

In subscription finance transactions where the borrower or another pledgor entity (such as a feeder fundor guarantor) is a Delaware limited partnership or a Cayman Islands exempted limited partnership (ELP),the role of the general partner (GP) is well understood and regarded as fundamental to the securitystructure. The GP is the entity that exercises the right to call capital from investors and typically grantssecurity over those rights in connection with the facility.

Appleby-Website-Dispute-Resolution-Practice
7 Aug 2025

A Cayman Candle on the Mareva Injunction 50th Birthday Cake

Two recent judgments in the Grand Court of the Cayman Islands show how freezing injunctions are still nimble going into their 50th year and continue to be a powerful and vital tool to preserve assets in the ever evolving commercial landscape of modern offshore litigation.

Appleby-Website-Regulatory-Practice
5 Aug 2025

CRS Compliance and Enforcement in the Cayman Islands – What Are the Enforcement Trends?

Given that the annual statutory CRS reporting deadline of 31 July 2025 has just passed, we would like to provide a timely reminder of the current compliance landscape, enforcement trends and practical considerations under the CRS framework as implemented in the Cayman Islands.

Appleby-Website-Dispute-Resolution-Practice
4 Aug 2025

Always show your working: Court of Appeal provides valuable guidance on ‘adequate reasons’

English Court of Appeal sets out key guidance relating to adequacy of court judgments.

Appleby-Website-Privacy-and-Data-Protection
28 Jul 2025

Insights from the BMA’s Second Consultation Paper on Digital Identity Service Providers

As jurisdictions around the world grapple with the complexities of authenticating digital identities and the provision of digital identity services, the Bermuda Monetary Authority (BMA) is taking a consultative and forward-looking approach. This approach will help ensure Bermuda’s proposed regulatory framework is fit for purpose.

Appleby-Website-Corporate-Practice
25 Jul 2025

Insider Dealing: A Review of the Treatment in Mauritius, EU and US Federal law

A review of the treatment in Mauritius, the United States and the European Union of the offence of insider trading confirms the contrasting approaches which these jurisdictions have adopted on the issue even though all three jurisdictions share two fundamental concerns namely, (i) the prohibition on an insider to take an unfair advantage by reason of information which he has obtained to the detriment of third parties who are unaware of such information and, (ii) the protection of the integrity of financial markets and investor confidence ¹.

Appleby-Website-Funds-and-Investment-Services
24 Jul 2025

Navigating Cayman Islands Investment Funds: 10 Key FAQs for Emerging Managers

Cayman Islands investment fund lawyers advise global clients around the world with respect to the formation, operation, and wind-down of Cayman Islands investment funds. In doing so, we regularly counsel managers on structuring new funds and their ongoing operations. The Cayman Islands remains the premier jurisdiction for establishing offshore investment funds, offering flexible structuring options, tax neutrality, and a sophisticated legal framework grounded in English common law. This article addresses ten frequently asked questions (FAQs) emerging managers commonly pose when dealing with Cayman Islands investment funds. These FAQs provide practical guidance on topics ranging from registration to fund liquidation and compliance with ongoing requirements of the Cayman Islands Monetary Authority (CIMA).

Technology and Innovation
24 Jul 2025

Contracts to Manage AI Risk: Part Two (Bermuda)

In part one of this two-part series about artificial intelligence contracts, I discussed the ways that contracts can mitigate, if not avoid, many of the risks associated with the development and use of transformative technology like AI.

Technology and Innovation
22 Jul 2025

Contracts to Manage AI Risk (Bermuda)

This is the first of a two-part article on how artificial intelligence contracts can be used to manage the development and use risks associated with such transformative technology.

Appleby-Website-Insurance-and-Reinsurance
15 Jul 2025

Captives are the grass roots of Bermuda risk

Bermuda has seen tremendous growth in the life reinsurance and insurance-linked securities markets in recent years.