Data Protection guidance in Guernsey for Emarketing, SMS/MMS and telemarketing
We are bombarded on a daily basis by communications endeavouring to lure us into some form of purchase, whether it be a service, product or access to content. Many of us take such communications for granted, but targeted marketing can be hugely beneficial for businesses in today’s global, digitised economy.
Appleby involved in first of its kind application brought by an Enforcer of a STAR Trust in the Grand Court of the Cayman Islands.
The fundamental aspect of arbitration as an alternative dispute mechanism is that despite parties’ consent to exclude the intervention of courts to resolve their disputes, nevertheless, arbitration remains heavily reliant on the judicial system to function. This is seen both (i) during the arbitral proceedings when interim measures are applied for by the parties generally before their national courts and, (ii) at the enforcement stage i.e. when the winning party needs the court’s assistance to enforce the arbitral award.
All successful enterprises have a voracious appetite for data. The advanced abilities of IT systems — including artificial intelligence, big data solutions and cloud computing — are all fuelling the race to secure competitive advantages through data analytics.
The International Stock Exchange: Structures and Suitability
A summary of Appleby listing agent services in the Channel Islands, including the structures and suitability for listing securities on the Official List of The International Stock Exchange (TISE).
Best Practices for Conducting Investigations into Employee Grievances
Grievance procedures are very important, but often overlooked, procedures that all employers should have. Well-set out and clear grievance procedures can benefit both the employee and the employer. The employee has a formal mechanism by which they can raise workplace concerns, which in turn means that a fair outcome is more likely, and the employer can protect themselves from claims of discrimination and constructive unfair dismissal by ensuring that they have addressed employee concerns in a fair and transparent way.
Funds - How to Comply with Cayman's New Corporate Governance Rules
The Cayman Islands Monetary Authority (CIMA) issued rules on corporate governance and internal controls (Rules) applicable to all its regulated entities last year and those Rules have been effective since 14 October 2023. The Rules apply to both hedge funds and private equity funds registered with CIMA. This publication provides a summary of the requirements set out in each of the Rules and takes a look at some of the options available to Cayman funds to ensure compliance with the Rules.
Applying Twice: BVI Court of Appeal Reinforces The Protection Available to Beneficial Owners
On 25 April 2024, the Court of Appeal of the Eastern Caribbean Supreme Court delivered a significant judgment, which is likely to be widely welcomed as reinforcing the protection available to shareholders of BVI Companies, and their beneficial owners: Floreat Real Estate Limited v. Chia Hsing Wang BVICHMAP 2023/0017.
A recent Judgment on the principles applicable to charitable trusts, wills and their construction emphasises the primacy of English trusts law as the basis for Jersey trusts law principles unless the island’s statute or customary law can be said to clearly differ. Find out more
Secondary Pensions in Guernsey: Are you ready for it?
After several years of planning (and delays), The Secondary Pensions (Guernsey and Alderney) Law (Law) is due to shortly come into force for all employers. The Law’s fundamental aim is tackling pensioner poverty on the island, by requiring all employers to set up a pension for all their eligible employees, enrol them into it, and begin mandatory contributions.
Appleby Mauritius Quarter One Newsletter 2024
As we navigate through this dynamic year, Appleby's first Mauritius newsletter of 2024 sees our team share some significant developments that have shaped the legal landscape and impacted our clients.
Receivership: an enforcement mechanism for lenders
In a world of business, unforeseen circumstances can often arise that lead a company to financial distress or near insolvency. During such times, the appointment of a receiver is a common legal remedy that serves to protect the interests of lenders.
