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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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Cayman Islands 1024x576
6 Dec 2023

Cayman Islands Real Estate Finance and Investment Outlook 2023

The Cayman Islands continue to offer attractive opportunities for real estate finance and investment. This article explores the current state of the Cayman Islands’ real estate market (post second quarter market trends), the factors driving investment, and the considerations that make Cayman an appealing choice for investors.

IOM
4 Dec 2023

Isle of Man Trusts and Trustees Act 2023 Update

The much anticipated Trusts and Trustees Act 2023 received Royal Assent on the 18 July 2023, bringing into force sections 1 and 2. The remainder of this Act comes into operation by Appointed Day Order 4 December 2023.

Dispute Resolution
30 Nov 2023

Uncertainty Over Control Test in Sanctions Relating to Russia

Bermuda-based companies undertaking business with Russian entities must comply with the island’s sanctions regime, which has expanded significantly since the beginning of the war in Ukraine.

Intellectual Property
9 Nov 2023

Navigating AI Service Contracts

Organisations are increasingly using and relying on the many commercial advantages of artificial intelligence to model risk, fabricate simulated data, create analytical reports and even generate computer code.

The Grand Court clarifies the ordinary rule for damages in temporary deprivation of property cases
6 Nov 2023

Winding-up Cayman Islands Exempted Limited Partnerships – an invitation from the Cayman Islands Court of Appeal?

Aquapoint L.P. v Xiaohu Fan CICA (Civil) Appeal no. 0014 of 2022 (Grand Court cause no. FSD 0157 of 2021 (DDJ)), 4 October 2023

The Grand Court clarifies the ordinary rule for damages in temporary deprivation of property cases
2 Nov 2023

In the Matter of Aubit International

Following Aubit International’s unsuccessful petition to appoint restructuring officers, the Grand Court granted orders winding up the company.

Jersey Location Image (stand alone) 6 x 4 RGB
2 Nov 2023

“Arranging” deals in investments is now a regulated activity under the Financial Services (Jersey) Law 1998

Appleby Jersey experts explain why changes to the Financial Services (Jersey) Law 1998 help protect non-professional investors for investment activity brought about by an “arranger” in or from within the island.

Employment-and-Immigration
26 Oct 2023

Lay Offs: A practical analysis of the legislation for employers

The choice to make lay offs is never an easy one. It is also an area of business where the commercial and the personal inevitably overlap, making it even more challenging. It is important therefore that employers are well-equipped to manage the lay off of employees.

Economic Substance
26 Oct 2023

Bermuda: Economic Substance – Trends in Compliance and Enforcement

This article provides a brief summary of the legislative framework concerning the regulation of the ES requirements and provides some insights from our experience practising in this area.

050-Insolvency-Restructuring-Grid-Image
25 Oct 2023

The Insolvency Review: Bermuda

The Insolvency Review offers an in-depth 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.

Brad Adderley, Bermuda Managing Partner at Appleby, will speak at the 2022 Society of Actuaries (SOA) Life Meeting on 23-26 August in Chicago.
23 Oct 2023

Bermuda: Investors still wary of sidecars despite upbeat outlook for 2023 returns

Sidecar vehicles are expected to return on average 20%-30% in 2023, assuming no major loss event in the remaining weeks of the year, according to sources canvassed by Trading Risk.

Fund Finance
18 Oct 2023

Why so Seri(e)ous? Cayman Series Partnerships in fund finance transactions

Funds make use of series partnerships across jurisdictions to allow for segregation of partnership interests, assets, distributions and operations into separate series or classes. A particular quirk of Cayman series partnerships (“CSP”), however, is that they are not statutory entities and instead exist solely as a matter of contract. It is therefore very important for lenders to understand how this structure differs from statutory series vehicles and how this might impact a financing.

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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.