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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
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

Asia Talks 560 x 380
19 Aug 2024

Podcast: The new frontier of Alternative Investing: Insights into Fund Financing

Join us to discuss fund financing fundamentals from both lenders' and borrowers' perspectives, and the key drivers behind the transformation of the latest global and regional trends that shaped the future of finance.

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.

Appleby-Website-Private-Client-and-Trusts-Practice
22 Jul 2024

Bermuda: Trusts in an Employment Context

When one thinks of trusts, one tends to think of the private family trusts which enable wealthy families to manage the transfer of their assets efficiently down the generations. Yet in fact some of the largest trusts in the world are found in the employment context and many ordinary workers will be beneficiaries of colossal trusts. For example, the Universities Superannuation Scheme in the UK had around £75 billion of assets under management as at 31st March 2023 – more than the GDP of some countries.

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

Bermuda: Securing Regulatory Compliance

Regulatory compliance continues to be an area of significant development in Bermuda. While anti-money laundering (AML), anti-terrorist financing (ATF) and global financial sanctions have been in focus for some time, the regulatory compliance landscape has grown in recent years due to the implementation of economic substance requirements, the introduction of the Global Minimum Tax and the impending full implementation of Personal Information and Protection Act (PIPA).

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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.