Podcast: Digital Assets in Bermuda & Compliance
As the digital assets industry continues to evolve at breathtaking speed, how do those businesses in Bermuda flourish? Enter the world of compliance. Listen to the full podcast here.
Podcast: Offshore Management Companies
Join us as we discuss the consequence of this legislative development on structuring the management of investment funds.
Business Crime and Investigations in Bermuda: Overview
A Q&A guide to business crime and investigations in Bermuda.
Information Technology, Outsourcing, Privacy & Data Protection
All aspects of Bermuda's economy rely on information technology and data processing - an essential infrastructure and related services which must be procured, implemented, operated and securely managed.
A Look Back on 2022 and What to Expect for 2023
As we approach the end of 2022, we are able to look back and say with certainty that the arena of labour relations law has not been as lively as it was in 2021, when there were changes to the Employment Act 2000 and the tribunal system. Following a tweet at the beginning of the year from the Minister of Labour, it was anticipated that there may be some legislative developments to “expand the rights of workers in Bermuda throughout 2022”. This could have been both significant and controversial, however the rumblings of change stopped there and 2022 was not the hive of activity that it might otherwise have been.
Weathering the Latest Storm in the Crypto Winter
The US bankruptcy filings in respect of FTX have resulted in the assets of one of the largest crypto exchanges by volume, with possibly over one million users, being frozen.
Appleby Mauritius Newsletter, Nov 2022
There have been interesting developments in our legal landscape since our last issue with the Government’s continued endeavours to further enhance our international financial centre as one of excellence.
Mauritius Case-Law Summary November 2022
This is a summary of recent cases likely to influence the practice of global business in Mauritius.
Taking Insurance a Step Higher: structured Investment - Linked Insurance Business
In line with the budgetary measures which were announced for 2020-2021, the Insurance Act 2005 (Insurance Act) was amended on 02 August 2022 with a view to further enhancing competitiveness of the financial services sector. Thus, a legal framework has now been established to enable the operation of Structured Investment-Linked Insurance Business (SILIB) activities under the long-term insurance business category.
The Statutory Requirement for a Debenture Holders’ Representative in Mauritius
A debenture is essentially a debt instrument which is traditionally not supported by any collateral security and frequently has a term of repayment exceeding ten years.
Banker's duty of confidentiality
A bank’s duty of confidentiality to its customers, as well as the obligation on banking institutions to preserve the details and secrets of its clients, are long-established principles. Whilst some may argue, on the basis of the Norwich Pharmacal principles, that they are entitled by law to request the disclosure of limited information from banking institutions, the Mauritian Chief Justice has recently clarified the position of the bank in respect of its overriding duty of confidentiality towards its clients and any possible latitude towards disclosure.
What is RegTech? Has the time come for its implementation into our legal landscape?
In Mauritius, the period starting from the outbreak of the COVID-19 pandemic has witnessed a remarkable increase in the regulatory landscape, especially as regards the promotion of technology, artificial intelligence and other fintech applications, whether as a necessary means to revisit the way we do business in line with international development or simply in our quest to establish the new normal which the COVID-19 pandemic has admittedly triggered. The time has now come to explore some of the other possibilities which technology such as advanced analytics and machine learning offer.