Augmented Advocacy Series (Bermuda): PIPA and Anonymisation
With the Personal Information Protection Act 2016 (PIPA) coming into force on January 1, organisations in Bermuda face the critical challenge of balancing stringent data protection requirements with the increasing demand for data-driven information systems.
In-Depth: Insolvency (formerly The Insolvency Review) offers an incisive review of the most consequential features of the insolvency laws and procedures in key jurisdictions worldwide. It also examines the practical implications of recent market trends and insolvency case developments.
Recovery planning for commercial insurers
New rules released by the Bermuda Monetary Authority aim to equip certain insurers with a structured approach to prepare for various adverse situations before they escalate into severe stress conditions.
Court of Appeal clarifies the merits threshold for the grant of freezing injunctions
What is a “good arguable case”? Alan Bercow looks at the Court of Appeal decision in Isabel dos Santos v Unitel SA [2024] EWCA Civ 1109 which has clarified the law on the applicable merits threshold for obtaining a freezing injunction.
The Global – your offshore corporate law questions answered: October 2024
The Global is a quarterly collection of corporate expert insights and analysis across Appleby's global jurisdictions. Here are follow-up FAQs from the insights we shared in the 2024 Q2 Review edition.
Navigating the Future: A 2024 Guide to Fintech Laws and Regulations
Our fintech expert provides a broad overview of the key issues in fintech laws and regulations in the British Virgin Islands (BVI), exploring the evolving fintech landscape, funding challenges, and the regulatory frameworks that shape the industry. It also examines how fintech companies in the BVI navigate various regulatory regimes, the critical role of accessing talent and technology.
In a recent judgment in D’Aloia v Persons Unknown, the High Court of England and Wales provided valuable insight into potential liability by cryptoexchange providers in the context of crypto-fraud, addressing the developing legal framework on the nature of crypto-assets as property and the ability to trace or follow such assets.
What Are the Duties of the Anti-Money Laundering Officers of a Cayman Fund?
All Cayman Islands funds are required to designate a natural person at managerial level as their Anti-Money Laundering Compliance Officer (AMLCO), Money Laundering Reporting Officer (MLRO) and Deputy MLRO (DMLRO). This publication outlines the primary duties of each of the AMLCO, MLRO and DMLRO (AML Officers) as they apply to hedge funds, private funds and unregulated funds in the Cayman Islands (Funds).
Bermuda: It’s Impressive How Mainstream Cat Bonds Have Become
Although Brad Adderley, Bermuda Managing partner at Appleby, doesn’t expect 2024 to be another record year for the catastrophe bond market, he’s impressed with how mainstream the asset class has become.
Jersey’s insolvency regime continues to develop
Our Jersey expert looks at the significant developments of the legislative framework applicable to insolvency and restructuring in Jersey. Find out more about the Companies Regulations No 8 2022.
Preparing for a Cayman Islands Monetary Authority Inspection
One of the most common ways in which CIMA assesses compliance with its regulatory framework is through inspections. CIMA conducts various forms of inspections ranging from AML-CFT specific inspections, prudential inspections and themed inspections. CIMA’s themed inspections focus on specific topics such as corporate governance, cybersecurity and outsourcing, (as opposed to a specific sector e.g., banking, insurance). Feedback from CIMA’s themed inspections is generally published on CIMA’s website in the form of a report setting out the key themes identified, good practices and bad practices. Themed inspections are useful reminders of CIMA’s regulatory expectations on specific topics.
