Offshore Business Update

Published: 7 May 2020
Type: News

This is an update for our clients on how the authorities in our core jurisdictions are responding to COVID-19 and the implications of this in relation to the transaction of business. The purpose of this report is to help our clients better understand what “business as usual” in our jurisdictions* actually means.


By clicking on each of the jurisdictional links below, you can access information for each of our jurisdictions in relation to:

  1. Filings
  2. Can searches be conducted?
  3. Certificates of good standing – if and how these are being conducted
  4. Other searches – how are these being conducted?
  5. Court position
  6. Travel restrictions
  7. Other Temporary Regulatory Measures
  8. The implications for economic substance compliance and residency

 

Bermuda British Virgin Islands Cayman Islands Guernsey

Hong Kong *Isle of Man Jersey Mauritius Seychelles

SPOTLIGHT ARTICLE: FACILITATION OF CROSS BORDER RESTRUCTURING

In July 2020, we looked at restructuring and insolvency solutions for companies severely impacted by the economic ramifications of the then-new Covid-19 pandemic. This article provides a helpful breakdown of the powers and discretion of the domestic courts in the leading offshore jurisdictions where Appleby offices are located to assist the courts of a foreign jurisdiction with a view to facilitating cross border restructuring. As the pandemic grinds on, we believe that it is a good time to remind our readers of the options available to them to “right size”, to compromise the claims of creditors and to deploy processes to secure sustainability in this unprecedented time.

We trust this information is useful in supporting your business in continuing to operate during these unprecedented circumstances.

The intention is to publish updates to this report as and when required. Further articles will also follow in relation to matters pertinent to the current situation in our different jurisdictions.

APPLEBY ARTICLES RELATING TO THE CURRENT CORONAVIRUS PANDEMIC
Mergers and Acquisitions (M&A)
12 Mar 2021

Material adverse change clauses in light of the Covid-19 pandemic

Experts from each of our key global offices provide jurisdiction specific advice and answer questions regarding the potential implications of Covid-19 on MAC clauses and acquisition agreements as a whole.

Mergers and Acquisitions (M&A)
25 Feb 2021

Acquisition agreements during Covid-19

Given the ongoing impact of the Covid-19 pandemic, it is timely for us to look closely at material adverse change clauses in the context of a business acquisition.

Corporate
29 Dec 2020

Finding focus after COVID-19

Bermuda’s economy has been buffeted by the challenges of COVID-19 during 2020. But a robust response from government working closely with the private sector appears to have put it in a good position to take advantage of numerous opportunities emerging in a post-pandemic world.

Fund Finance
27 Nov 2020

NAV Facilities: A Promising Vaccine for Funds in the Era of Covid-19?

The spotlight has been on NAV facilities and other bespoke financings as an area poised for growth, given their potential to unlock liquidity for fully-invested funds.

Private Equity
21 Sep 2020

The role of Private Equity in economic recovery from Covid-19

Against this gloomy backdrop, we expect private equity firms and their investors to play a key role in long-term economic recovery.

Energy & Natural Resources
21 Aug 2020

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.

Private Client Trusts
14 Jul 2020

How COVID-19 is Affecting the Responsibilities of Trustees and How They Can Ensure They are Fulfilling Their Duties

First published on ePrivate Client, July 2020 These unprecedented times of COVID-19 are challenging for all of us and trustees are no exception.  Trustees can face a wide range of issues from investment values to beneficiaries dying.  This article will consider trustees duties and how trustees might manage those duties during COVID-19.

Real Estate Finance
1 Jul 2020

Real Estate Finance Update - Considerations when enforcing Jersey security over real estate structures in the current COVID-19 environment

In recent days the news has been filled with landlords announcing their rent collection results following the June quarter day. This is not optimistic reading, with initial data suggesting that less than 20% of commercial rents in the UK have been collected.

Private Client Trusts
16 Jun 2020

Considerations for trustees during coronavirus (COVID-19)—the view from Jersey

Private Client analysis: Who saw a global pandemic coming in 2020? Was anyone ready for it? David Dorgan, partner at Appleby, Jersey discusses some of the relevant considerations and challenges for trustees during these unprecedented times of coronavirus (COVID-19). In particular, trustees need to be constantly mindful of their duties and obligations and be proactive in taking steps as required to ensure they adhere to their duties and obligations. In addition, social lockdown and remote working as a result of coronavirus has made many trustees question the formal requirements for trustees’ meetings, as well as the execution of trust documents.

Commercial Property
4 Jun 2020

Commercial leases in Jersey - Practical considerations arising from new guidance for the Covid-19 period

Tenants of commercial premises in Jersey suffering financial hardship may be considering, or may indeed have already approached their landlord with requests for rent relief. In response to the challenges faced by commercial tenants as a result of the current health crisis, the Government of Jersey has released Guidance on Commercial Leases.

Economic Substance
26 May 2020

Economic Substance in the time of COVID-19

Cayman, like many other jurisdictions, introduced its ES Law in response to international pressure to demonstrate ‘substance’ for entities established within its tax neutral borders.

BDA-1024x576
20 May 2020

Threatened insolvency: Personal Exposure of Directors

During the challenging economic environment created by the COVID-19 pandemic, business resilience and continuity is top of mind. 

Brad Adderley, Bermuda Managing Partner at Appleby, will speak at the 2022 Society of Actuaries (SOA) Life Meeting on 23-26 August in Chicago.
12 May 2020

Pandemic-induced market dynamics could result in Class of 2020

Current insurance and reinsurance market dynamics suggest that it could be an opportune time for startups to enter the property/casualty market, according to Brad Adderley.

BDA-1024x576
7 May 2020

Electronic signing of documents and COVID-19

The COVID-19 outbreak has transformed the way we operate in all aspects of life, including and especially the way in which businesses function.

Corporate
7 May 2020

E-signatures – Who needs ink anyway?

The global spread of COVID-19 and the sustained containment protocols in place including social distancing and quarantine together with the anticipated prolonged remote working arrangements and travel restrictions, means that many of our clients are now, more than ever, requiring the use of e-signatures to ensure corporate transactions can complete where possible including the execution of transaction documents, corporate authorities and related documentation. 

JSY
23 Apr 2020

COVID-19 – Signing of Wills in Jersey

Jersey law is not alone in having strict rules regarding the execution of wills. Except in the case of holograph wills of movables (written entirely in the hand of the testator), all wills must be signed in the physical presence of two witnesses.

BDA-1024x576
23 Apr 2020

Duties and Liabilities of Directors of Bermuda companies

During the challenging economic environment created by the COVID-19 pandemic, directors need to be especially focused on the nature and extent of their duties, to whom these duties owed and how they should be exercised in these ambiguous times.

MAU
9 Apr 2020

COVID-19 and the Mauritius Justice System: How will this pandemic affect court work?

The coronavirus pandemic of 2020 has affected every aspect of our lives. Humankind is facing a global crisis; the biggest crisis of our generation. The decisions people and governments take in the coming weeks will re-shape the world for years to come. They will re-shape not just the healthcare sector but also the economy, the politics and judiciary of many countries.

BDA-1024x576
8 Apr 2020

Dividends in COVID-19 financial landscape

As Covid-19 sweeps across the globe, many companies are choosing to retract, suspend or reduce dividends to preserve cash and ensure liquidity.

BDA-1024x576
8 Apr 2020

COVID-19’s impact on AGMs – Strategies to Consider

This article considers the legal and practical issues of each option to assist companies that are grappling with the thorny issue of how to effectively deal with 2020 AGM season. 

BDA-1024x576
8 Apr 2020

Shareholder activism during COVID-19

A number of global businesses use Bermuda as their jurisdiction of choice. COVID-19 is continuing to create challenges on a global scale for those businesses, and Boards are being constantly required to react and address the impact that they represent to business continuity.

JSY
6 Apr 2020

Wrongful Trading: Legal position in Jersey

During these uncertain times, business resilience and continuity is at the forefront and directors of companies will be feeling mounting pressure to be dynamic and adapt to an unprecedented and rapidly changing situation. Directors, whilst seeking to minimise the impact to the business, should also be mindful of their own personal exposure whilst continuing to trade through the COVID-19 pandemic.

BDA-1024x576
3 Apr 2020

Estate planning during COVID-19

With people working from home and being surrounded by their spouse, children, and in some cases parents, the prospect of they or a loved one contracting the coronavirus and how it might impact their family, is a natural topic of conversation.

JSY
2 Apr 2020

Jersey cash box structures: a fast route to funding

It is no surprise, as a result of the wider economic unpredictability arising from COVID-19, that listed companies requiring urgent access to capital are turning their attention back to Jersey cash box structures. With a long history of their use in the capital markets, Jersey cash box structures proved popular during the years following the global financial crash as utilising such structures enabled listed companies to access funds on an expedited basis when alternative methods of capital-raising were expensive and time consuming.

BDA-1024x576
26 Mar 2020

The response to COVID-19: employment issues

The first seven* cases of Covid-19 in Bermuda have been confirmed and the situation continues to develop.

 

* Appleby is registered as a Foreign Law Firm in Hong Kong and does not practice Hong Kong Law.

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