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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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Employment-and-Immigration
15 Sep 2023

Carer Status: Guernsey boldly goes where the UK and no other Crown Dependency has gone before

When the Prevention of Discrimination (Guernsey) Ordinance 2022 (“Ordinance”) comes into force on 1 October 2023, it will make it unlawful to discriminate against a person on five “protected grounds”. The new protected grounds are disability, race, religion or belief, sexual orientation and carer status.

Mauritius Location Image (stand alone) 6 x 4 RGB
15 Sep 2023

The Financial Services Commission issues the Financial Services (Global Shared Services) Rules 2022

On the 20th December 2022, the FSC issued the Financial Services (Global Shared Services) Rules 2022 (the “Rules”), which came into operation on 3 January 2023.

Mauritius Location Image (stand alone) 6 x 4 RGB
15 Sep 2023

Employer's perspective: What to expect in a settlement agreement?

What is a ‘Settlement Agreement’? One of the innovations of the Workers’ Rights Act (‘Act’) is the concept of ‘compromise agreement’ (also referred to as a ‘Settlement Agreement’ in this article) (‘Compromise Agreement’).

Mauritius Location Image (stand alone) 6 x 4 RGB
15 Sep 2023

Artificial Intelligence and the law

At a time when the implementation of Artificial Intelligence into the professional environment, it is not difficult to predict that the implementation of AI into the running of a law firm will soon become a reality – ‘the key [is to choose] the right area’ of the practice. Indeed, a law firm which practices corporate and commercial as opposed to criminal law has significant benefits and potential for growth by using AI especially where explicit rules are used e.g. employment and tax laws.

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

Bermuda Captives: Reps and Warranties Coverage

The Bermuda captive market is seeing increasing interest in representations and warranty coverage.

Regulatory Advice
6 Sep 2023

Are you ready to file your CRS compliance form?

In our latest briefing, we consider the upcoming annual filing obligation for Cayman Islands entities classified as reporting financial institutions under the common reporting standard framework to file their CRS compliance form by 15 September 2023 via the Cayman Islands Department for International Tax Cooperation online portal.

Applying Twice:  BVI Court of Appeal Reinforces the Protection Available to Beneficial Owners
1 Sep 2023

Litigation funding in the offshore jurisdictions: how will the UK Supreme Court decision in PACCAR affect offshore litigation funding?

How will the UK Supreme Court decision in PACCAR affect litigation funding in the offshore jurisdictions? With litigation funders considering the implications of the recent landmark decision, our funding experts look at the use of litigation funding in the offshore markets and the potential impact for funding in the key offshore jurisdictions.

Corporate
30 Aug 2023

Seychelles Business Tax on Multi-National Enterprises

Seychelles has recently undertaken a slew of amendments in order to keep up with the evolving and complex capital and finance market dynamics, taxation practices all over the world, as well as the OECD’s Base Erosion and Profits Shifting (BEPS) initiative. The Business Tax (Amendment) Act, 2020 which came into force on 15 September 2021, has brought several changes in line with the above, to the Business Tax Act, 2009 (the Act).

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

Silicon Valley Bank - Grand Court of the Cayman Islands Winds Up the Bank as a Foreign Company to Protect Cayman Customers: The Opening Sequence of an Epic Battle?

Sebastian Said, Tony Heaver-Wren, David Lewis-Hall and Damon Booth consider the recent decision of Justice Doyle in the Grand Court of the Cayman Islands (In the Matter of Silicon Valley Bank (Unreported, Grand Court, FSD 163 of 2023 (DDJ), 21 July 2023)) winding up Silicon Valley Bank as a foreign company, which potentially sets the stage for an epic battle between the Cayman liquidators and the US Federal Deposit Insurance Corporation as receiver.

Regulatory Advice
17 Aug 2023

Preparing for a Cayman Islands Monetary Authority (“CIMA”) inspection

This briefing intends to provide a useful reference document for inspected firms preparing for a CIMA inspection by providing practical and helpful tips on navigating the inspection process.

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

Re Virginia Solution SPC Ltd - A Quasi Partnership Extinguished by Formalisation of the Shareholders' Relationship

Appleby Partner Andrew Jackson and Associate Shari Walton-Rankin discuss the recent decision of the Cayman Islands Court of Appeal (CICA) in Re Virginia Solution SPC, in which the CICA held that what was considered to be a paradigm case of quasi-partnership at first instance was actually not a case of quasi-partnership at all; and further discuss the current state of Cayman Islands law as to the availability of alternative remedies in just and equitable winding up proceedings, and whether it is justified or requires timely correction.

Private Client Trusts
16 Aug 2023

In The Spotlight: Bermuda’s Vanessa Schrum

Francesca Ffiske of Private Client Global Elite sat down with Vanessa Schrum from Appleby in Bermuda.

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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.