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.
“Taking Note” may end on a bad note for litigants
The importance of replying to each paragraph of pleadings and the consequence of just “taking note” of averments has been extensively underlined in the recent case of ESPACE AUTOMOBILE LTEE v ASCENCIA LTD (2024 SCJ 438).
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.
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.
Guide to companies in the Cayman Islands
Our guide to companies in the Cayman Islands provides an overview of the Cayman Islands company incorporation process as well as a considered look at other key aspects relating to Cayman companies law.
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).
Limited liability companies in the Cayman Islands
Cayman Islands Limited Liability Companies (LLCs) became available in 2016. A Cayman Islands LLC is a hybrid form of business entity with characteristics of both a limited partnership and a company. The LLC is governed by an agreement among its members (LLC agreement), much like a limited partnership. However, like a company, its members enjoy limited liability. The Limited Liability Companies Act (2023 Revision), as amended (LLC Act) imposes few formalities and affords investors in a Cayman Islands LLC great flexibility in how they wish their LLC to be governed, with the LLC Act deferring in many instances to the LLC agreement.
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.
Mauritian Supreme Court disregards formality over substance under the New York Convention
On 24 September 2024, the Supreme Court of Mauritius, composed of three Designated Judges, delivered two judgments that once again highlight the non-interventionist approach of the Supreme Court in support of international arbitration and in the spirit of the New York Convention.
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.
