High-level overview of Bermuda Monetary Authority’s three-tiered capital system
Insurers and reinsurers are faced with uncertainties relating to the timing and scale of future losses and the risk that the premiums charged and reserves held will be insufficient to cover such losses.
ODPA - Location, Location, Location!
Guernsey’s data protection regulator, the Office of the Data Protection Authority (ODPA) is shortly to move to new premises in St. Peter Port, Guernsey.
This month sees the official launch of Appleby Regulatory Consulting, or ARC for short. Find out more about Appleby's compliance solutions
Bankruptcy & Restructuring – Planning for Failure
The sudden collapse of Lehman Brothers in September 2008 sent shockwaves around the globe. As the largest insolvency in history, Lehman’s collapse was a pivotal moment in the 2007-2008 financial crisis and a startling illustration of the fragility of an outwardly robust institution and system. A failure to recognise and act upon early signs of distress turned what might have been a controlled descent into a freefall.
Bermuda’s cybersecurity law transformation is well underway
We are almost six month into 2024, and this year has already been transformative for IT and cyber security law and regulation in Bermuda. And all of those developments continue a recent and robust trend of IT and cyber law reform in Bermuda.
In a recent judgment, the Cayman Court of Appeal confirmed its broad jurisdiction to grant injunctions in support of HKIAC and CIETAC arbitrations. Alan Bercow, David Lewis-Hall, Damon Booth and Ross McLeod look at the implications of the Cayman Islands Court of Appeal’s judgment in Minsheng Vocational Education Company Limited v Leed Education Holding Limited and Ors.
Hong Kong Court of Appeal considers the enforceability of Keepwell Deed for the first time
On 10 May 2024 the Hong Kong Court of Appeal handed down its judgment in Nuoxi Capital Limited v. Peking University Founder Group Company Limited CACV 184/20231 . This is the first time that the Court of Appeal has considered the enforceability of “Keepwell” Deeds and while their use has declined since January 2017, their prevalence in certain types of lending renders the decision important.
Regulatory oversight is key for Bermuda’s insurance sector
Bermuda’s thriving insurance and reinsurance sector requires effective regulatory oversight if it is to continue to be a world leader.
Listing and Delisting Eurobonds on The International Stock Exchange
Find out more about the advantages of listing debt securities on TISE, including the wide international recognition enjoyed by TISE, as well as covering the process for delisting
BVI Company Distributions - From Dividends to Reorganisations
The British Virgin Islands (BVI) as one of the leading international financial centers (IFCs) globally with over 360,000 active companies , has developed a flexible, commercial and innovative system of corporate law. An important practical component and mechanism of BVI law relates to distributions made by BVI companies, particularly the use of distributions in structuring transactions.
The Cayman Islands’ Courts continue to adopt a pro-enforcement policy in relation to foreign arbitral awards, as demonstrated in two recent judgments which confirm a narrow approach will be taken when considering whether to set aside enforcement. David Lee, Zuhair Farouki, Crystal Au-Yeung and David Lewis-Hall consider these recent decisions and the key takeaways.
