Statutory Demand: The time for a re-think?
A statutory demand is often perceived as a powerful weapon which the Insolvency Act 2009 (‘Insolvency Act’) has placed into the hands of a creditor to secure the prompt settlement of a debt. Indeed, it has the effect of unduly pressurising a debtor to settle its debt swiftly for fear of facing a creditor’s application to the Bankruptcy Division of the Supreme Court (‘Court’) to liquidate the debtor through this ‘fast-track’ weapon the more so that the Insolvency Act has created a presumption of insolvency which operates against a debtor who does not comply with a statutory demand.
Employment rights during and following a pandemic under the Workers’ Rights Act
In view of the ongoing COVID-19 pandemic which is currently affecting the community at a global level, employers are faced with unprecedented questions as to what to do regarding their employees and the way forward, short term or long term.
Constitution or Shareholders’ Agreement – which one prevails?
In the daily practice of a corporate lawyer in Mauritius, a common item which crops up when seeking to ascertain the management rights and duties and obligations of the various stakeholders of a company is whether one should give prevalence to the company’s constitution or to its shareholders’ agreement.
Defining digital assets in insolvency proceedings
It has been more than a decade since the creation of the first cryptocurrency, bitcoin, yet digital assets are only now being adopted by mainstream business.
Listing Private Equity Acquisition Debt on The International Stock Exchange (TISE)
This article provides an introduction to listing private equity acquisition debt on The International Stock Exchange (TISE) as well as a summary of Appleby’s listing agent services in the Channel Islands.
Trustee Knowledge Series: Masters Paper One: PTC Structures
Part of a series of Trustee Knowledge Papers, set out to be a useful reference guide for all levels of Trust company administration; from junior administrator to director. This is the first publication of the Masters Series.
Funds: filing requirements and Integra
Investment funds registered, authorised or designated under the Investment Funds Act 2006 have ongoing filing requirements, as well as requirements in relation to the appointment of service providers and annual fees.
Catch a wave: defining the latest startups
A hard market is the traditional trigger for new capacity and new startups on Bermuda, but that’s where the comparison ends for the latest reinsurers to disembark at Hamilton.
This guide to trusts in Bermuda addresses the creation of trusts, their uses and the types of trusts available in Bermuda.
Bermuda: set to be a digital ‘Fort Knox’
Bermuda has long been recognised as a jurisdiction where custodians of traditional assets can thrive.
How discretionary is a ‘discretionary’ bonus?
This article discusses the legal issues employers need to be aware of in relation to the award of discretionary bonuses to their employees.
Private Equity (Transactions) 2022 – British Virgin Islands (BVI)
The Lexology Private Equity (Transactions): Global overview is an easy-to-use reference guide that provides comparative analysis and expert local insight into the field of private equity transaction; corporate governance, disclosure and timing considerations; dissenting shareholder rights; key purchase agreement provisions; participation of target company management; tax; financing; shareholders’ agreements; exit strategies (including IPOs); target sectors; cross-border considerations; club/group deals; and key recent developments. The following article, focused on the British Virgin Islands (BVI), is taken from the chapter contributed by Appleby.
