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Publications

Throughout the year, we analyse a number of topics to provide expert insight into the world of offshore transaction and court decisions. Read our latest publications below.

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Appleby-Website-Banking-and-Financial-Services
1 May 2025

Overview of Lending and Taking Security in the Isle of Man

Appleby has contributed to a guide on Lending and Taking Security in the Isle of Man, which now forms part of the Finance practice area on Practical Law Global, a key online know-how resource for lawyers and in-house counsel engaging in cross-border work.

Employment-and-Immigration
30 Apr 2025

The End of the Digital Nomad Visa: How Else Can Individuals Reside in Bermuda?

As of 28 February 2025, Bermuda officially discontinued its popular “Work from Bermuda” (WFB) Certificate, which had allowed digital nomads and remote workers to live and work on the island for up to a year. This program, introduced in August 2020, was part of a global trend during the height of the COVID-19 pandemic to attract remote professionals seeking a change of scenery. The scheme was popular – and the application process relatively straightforward - with the Bermuda Government reporting around 1,800 participants. However, the Government has recently announced that it will be “transitioning back to multi-year residency applications for individuals who wish to reside in Bermuda”. Termination of the scheme marks a significant shift in Bermuda’s approach to remote working and residency with the Government stating that the “transition aligns with the Government’s long-term economic strategy and housing policies, as it will help ensure more housing is available for locals”.

Appleby-Website-Private-Client-and-Trusts-Practice
25 Apr 2025

Compliance with Pipa for trustees

The Personal Information Protection Act 2016, the island’s data protection legislation, applies to all organisations that use personal information in Bermuda.

IOM
22 Apr 2025

Guide to companies in the Isle of Man

The Isle of Man has two separate company law regimes: one establishing companies governed by the Companies Acts 1931-2004 (1931 Act) and the other the Companies Act 2006 (2006 Act) (together, Manx Companies). The 1931 Act is based on a traditional company law regime familiar to English company lawyers. The 2006 Act follows the international business company model which is available in a number of offshore jurisdictions which is less formal and devolves a number of administrative matters to a registered agent rather than a public registrar.

Website-Code-Cayman-2
15 Apr 2025

Guide to Litigation Funding in the Cayman Islands 2025

A guide to litigation funding in the Cayman Islands, focusing on key areas including the legal and regulatory framework, adverse costs and insurance, lawyer ethics, and taxes.

Appleby-Website-Privacy-and-Data-Protection
14 Apr 2025

M&A transactions under PIPA (Bermuda)

Mergers and business acquisitions are among the many different types of business transactions that require the disclosure and use of personal information between the prospective parties.

The Exception To The Rule: Stricter Test Applies Where Granting An Interlocutory Injunction Would Shut Out Trial
10 Apr 2025

Cayman Court Grants Convening Order, Marking Key Step in Kaisa’s Recovery Plan

Distressed Chinese property developer Kaisa takes step forward in its recovery, as Cayman Courts continue to demonstrate the jurisdiction’s pro-active approach to cross-border restructurings. Though the Court’s approach to a scheme convening hearing is well-established, challenges from a small section of creditors remain a risk that cannot be ignored. What are the key factors in navigating the restructuring process, and what trends should we keep an eye on?

Appleby-Website-Private-Equity
9 Apr 2025

Court Ruling helps clarify Creditor Rights in the Cayman Islands

In a recent decision of the Cayman Islands Grand Court it was confirmed that the authority of the director signing a share transfer form, provided as part of the security package for an equitable share mortgage, should be assessed when the transfer was originally authorised and executed, rather than when dated at the time of enforcement. This recent court decision serves only to bolster the reputation of the Cayman Islands as a robust and creditor friendly jurisdiction, especially for sophisticated lenders.  Whilst there are restructuring solutions for debtors, creditors have significant legal tools to enforce claims including a coherent, sensible, common law system.  The helpful clarification in this recent case is further evidence of that.

Website-Code-Cayman-2
8 Apr 2025

Cayman Grand Court orders liquidations of failed crypto companies to be subject to Court supervision on grounds of improved efficacy, expedition and economy

In a judgment handed down by the Cayman Islands Grand Court on 3 April 2025, the Appleby Dispute Resolution team successfully obtained orders that the voluntary liquidations of two crypto companies (both part of the failed AXIA Group), be continued under the supervision of the Grand Court, on the basis that the supervision of the Court will facilitate a more effective, economic and expeditious liquidation of the companies, in the interests of stakeholders.

The Global Website header
7 Apr 2025

The Global - 2025 Q1 Review

The Global sees us share updates and insights from across our network of international offices on the latest legislative news, trends or developments impacting the corporate sector.

Appleby-Website-Insurance-and-Reinsurance
1 Apr 2025

Bermuda: With everything growing, all of the ILS world will rise together

It’s been an exceptionally busy and record start to the year for the catastrophe bond sector, and with “everything happening” in the broader insurance-linked securities (ILS) and reinsurance markets, it’s all going to rise together, according to Brad Adderley, Bermuda Managing Partner at Appleby.

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Throughout the year, we analyse a number of topics to provide expert insight into the world of offshore transaction and court decisions. Register to receive these updates straight to your inbox.