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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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Banking & Financial Services
27 Sep 2022

Can We Eventually Agree on Whether and How to Take Security over Digital Assets?

Innovative technology in China has made a spurt of progress in recent years.

Private Client Trusts
27 Sep 2022

Similar but Different

While the basic features of the trust remain, there are some notable differences in how trusts can be structured in these jurisdictions.

Economic Substance
27 Sep 2022

Updates on Bermuda Economic Substance Requirements

The Bermuda Registrar of Companies (ROC) extended the filing deadline for those entities which earned no gross revenue during the relevant financial period ending 31 December 2021 to 30 September 2022.  All filings are required to be done via the Economic Substance Portal.

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27 Sep 2022

Prelude to China's 20th National Congress

The 20th National Congress of the Chinese Communist Party, to be convened in the second half of 2022, is expected to chart the course for the next phase of China’s development.

The Grand Court clarifies the ordinary rule for damages in temporary deprivation of property cases
9 Sep 2022

Attachment Orders – A useful debt enforcement tool for creditors

One of the unsettling questions that lingers in the minds of creditors is how to secure or recover their debts. There are a number of enforcement routes that can help creditors to secure, as well as recover, their debts in Mauritius.

Applying Twice:  BVI Court of Appeal Reinforces the Protection Available to Beneficial Owners
8 Sep 2022

The ICLG Guide to Fintech 2022: British Virgin Islands Chapter

Appleby has provided the British Virgin Islands chapter to the International Comparative Legal Guide - Fintech 2022, covering a broad overview of common issues in fintech laws and regulations.

Energy & Natural Resources
7 Sep 2022

ESG Series Part I: Climate Change – What on Earth is going on?

‘ESG’ has well and truly arrived, and has triggered a new age in business and financial investment strategy. In a four-part part series, Advocate and Partner Anthony Williams and Senior Associate Alex Thornton de Mauroy, of the Appleby Dispute Resolution team in Guernsey, examine what is meant by ESG, how it is measured in terms of data and investment performance, and finally the legal consequences for stakeholders (directors and trustees) in getting it wrong. In the first of this series, we look at ESG with a focus on climate change.

Corporate Restructuring
30 Aug 2022

The Cayman Islands restructuring officer regime comes into force on 31 August 2022

These new proceedings will significantly enhance the Cayman Islands restructuring regime.

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18 Aug 2022

Agreements to buy land in Bermuda

The law requires that an agreement for sale and purchase of Bermuda land is in writing. 

Intention Matters in the Matter of Aubit International
4 Aug 2022

Norwich Pharmacal orders: the right medicine for third party disclosure of information and documents in the Cayman Islands

A Norwich Pharmacal order (NPO) is a disclosure order available in the Cayman Islands to compel a third party who has been somehow ‘mixed up’ in wrongdoing to disclose certain information and/or documents to help the applicant identify and/or pursue a potential defendant to future proceedings, whether those proceedings are to take place in the Cayman Islands or overseas.

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4 Aug 2022

PIPA’s Implications For IT Service Contracts

Increasingly, businesses in Bermuda rely on the IT and data-processing services of both domestic and overseas providers. The collection and use of personal information is a ubiquitous aspect of those services.

Regulatory Advice
1 Aug 2022

Register of Overseas Entities: A Jersey perspective

The Register of Overseas Entities at Companies House (ROE), as contemplated by the Economic Crime (Transparency and Enforcement) Act 2022 (Act) has now gone live as at 1 August 2022. The land registration elements of the legislation will come into force on 5 September 2022 to give overseas entities sufficient time to complete their registration on the ROE.

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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.