Bermudian LLCs: a flexible solution
It’s been almost four years since limited liability companies were brought to Bermuda on October 1, 2016 under the Limited Liability Company Act 2016.
Safe havens: Temporary relocation and residency by investment in Appleby’s jurisdictions
In this article, we examine how the digital nomad culture is evolving in our jurisdictions.
Anti Money Laundering: Getting Reliance Right
The Jersey Financial Services Commission (JFSC) recently published its findings from the Thematic Examination as regards compliance by relevant persons with the Money Laundering (Jersey) Order 2008 (MLO) and in particular the Reliance on the Obliged Persons regime.
Indemnities and ‘as soon as possible’ notice
Indemnity clauses represent a contractual transfer of risk between parties to a transaction, the purpose of which is to prevent loss to one of the parties or to compensate that party for losses that may occur as a result of a specified event.
Beneficial Ownership and Control
Jersey applies the “Recommendations” of the Financial Action Task Force (FATF), which are recognised as the global standard in anti-money laundering and counter-terrorist financing. Part of those Recommendations relate to beneficial ownership and control information (BOC) of legal persons or legal arrangements.
Investment Funds and ESG Investing – the Appleby perspective
In this article, we examine these trends from the perspective of our Appleby offices around the world.
Vanessa Schrum reviews recent amendments to Bermuda’s trust laws which are intended to modernise ‘firewall’ provisions and restore a settlor’s freedom of disposition with respect to children.
Jersey Foundations – New Regulations Required
On 14 July 2020, Jersey adopted the Financial Services (Disclosure and Provision of Information) (Jersey) Law 202- (Disclosure Law) which is currently awaiting approval from the HM Privy Council. It is anticipated that the Disclosure Law will come into force on or around 1 December 2020.
Private Funds Law, 2020 and New Rules on Contents of Marketing Material for Registered Private Funds
On 7 February 2020, Cayman’s Private Funds Law, 2020 (PFL) came into force, requiring any closed-ended fund that falls within the definition of "private fund" and is not otherwise exempted to apply to the Cayman Islands Monetary Authority (CIMA) for registration.
In this update, we consider the powers and discretion of the domestic courts in Bermuda, the BVI and Cayman to assist the courts of a foreign jurisdiction with a view to facilitating cross border restructuring.
