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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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The Exception To The Rule: Stricter Test Applies Where Granting An Interlocutory Injunction Would Shut Out Trial
3 Sep 2024

No Looking Back: Investor Held to Buyout at Current Value of Shares

In a case involving the improper exercise of compulsory redemption powers to dilute and disenfranchise a majority shareholder, the Cayman Islands Grand Court has held that a buyout order is an adequate alternative to winding up the company, and that the investor’s rejection of an early offer to purchase its shares at their fair value rendered it unfair to value the shares at a date earlier than the buyout order itself.

Appleby-Website-Insurance-and-Reinsurance
29 Aug 2024

Captive Insurance Companies in the Cayman Islands

In this publication, Appleby Insurance experts provide a breakdown on the benefits of captive insurance companies and discuss why the Cayman Islands is a popular jurisdiction for such entities. 

Corporate
29 Aug 2024

ISACs in Bermuda: An innovative option for business owners

Bermuda’s well-earned reputation as a pre-eminent offshore financial centre is due in part to its sophisticated legal framework that supports a variety of business structures.

Appleby-Website-Seychelles3
27 Aug 2024

Consultation Concludes: The Future of Seychelles Virtual Assets Now in Focus

We are pleased to bring you an important update regarding the evolving regulatory landscape for virtual assets. Recent consultations and proposed legislation changes under the Virtual Asset Service Providers (VASP) Bill are set to impact our industry significantly.

The Exception To The Rule: Stricter Test Applies Where Granting An Interlocutory Injunction Would Shut Out Trial
21 Aug 2024

Cayman Court Approves Winding-Up Order for "Insolvency Proof" Sigma Finance Corporation After Complex 16-Year Administrative Receivership in the UK

On 19 July 2024, the Grand Court ordered that Sigma Finance Corporation be wound up. The joint official liquidators will now take steps to distribute the Company’s final assets and dissolve the Company, bringing this particular chapter to a close.

Appleby-Website-Funds-and-Investment-Services
19 Aug 2024

What Steps Should a Cayman Fund Take to Comply with the New Cayman Beneficial Ownership Regime?

All Cayman Islands funds (other than unit trusts) are required to identify “required particulars” in relation to their investors and provide those particulars to the Cayman Islands Ministry of Financial Services under the Beneficial Ownership Transparency Act (the Act). Once identified the required particulars must be kept up to date and can be made available to certain government agencies in the Cayman Islands and the United Kingdom but not, as yet, to the public. Our general briefing on the Cayman Beneficial Ownership Regime can be found here

Appleby-Website-Mergers-and-Acquisitions
7 Aug 2024

Incorporating in Cayman - Special purpose acquisition companies (SPACs)

In a recent webcast for her 'SPAC Notebook' series, Woodruff Sawyer Partner Yelena Dunaevsky and Appleby Senior Associate Alexandra Low discussed the Cayman incorporation process and the reasons why SPAC teams are considering moving away from Delaware to incorporate in the Cayman Islands.

Appleby-Website-Regulatory-Practice
7 Aug 2024

Cayman Islands: Expanded Beneficial Ownership Reporting Regime Now in Force - Your Top Questions Answered

In this publication, Appleby’s Regulatory Group answer the top questions on the REVISED beneficial ownership regime in the Cayman Islands.

Appleby-Website-Seychelles3
1 Aug 2024

The Seychelles Financial Services Authority introduces draft regulations under the Virtual Asset Service Providers

The Virtual Asset Service Providers Bill, 2024 (the VASP Bill), sets a comprehensive legal framework regulating virtual asset service providers (VASPs) in Seychelles and awaits implementation. The Financial Services Authority (the Authority) has now produced a set of draft regulations, currently under public consultation, to supplement the legal requirements under the VASP Bill. A summary introducing each set of regulations are given as below.

Regulatory Advice
30 Jul 2024

What comes after MONEYVAL?

Appleby Jersey recently welcomed MONEYVAL’s recognition of Jersey as a responsible finance centre that upholds international standards for combatting money laundering and countering the financing of terrorism. Now that the dust has settled, Nadia Lewis considers the results.

Appleby-Website-Privacy-and-Data-Protection
22 Jul 2024

Directors liable for PIPA compliance failure in Bermuda

There are several aspects of an enterprise’s use of data that now must land on the boardroom table of Bermuda organisations, including cybersecurity oversight. Compliance with the island’s Personal Information Protection Act 2016 must be added to that list when it comes into full force on 1 January, 2025.

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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.