The precise role of a protector in relation to discretionary trusts has been difficult to identify and there was, until recently, little judicial authority on the nature of a protector's duties particularly in the context of a requirement for protectors' consent to decisions of the trustees. Strong guidance has now been provided by the Royal Court of Jersey in the recent case of Re Jasmine Trustees [2021] JRC 248. That guidance cannot however be said to be definitive as there is conflicting authority on the nature of a protector's role where it has a veto, from the Bermudian Court (re The X Trusts [2021] SC (Bva) 72 Civ), albeit that that authority was considered by the Royal Court in its Judgment.
Appleby Bermuda contributes to a new Special Report on Family Philanthropy
Partner and Group Head of the Private Client and Trusts department in Bermuda, Vanessa Schrum has authored the chapter on ‘Caribbean choices’ in a Special Report on Family Philanthropy, published by Globe Law and Business.
Trustee Knowledge Series Advanced Paper Seven: Rights to Information
Our Trustee Knowledge Series previously looked at disclosure by outgoing trustees in our paper on 'Changing Trustees' and we will cover disclosure in trust litigation during the final part of this series. This paper principally addresses disclosure to beneficiaries, which will be the issue most commonly faced by trustees as well as briefly considering disclosure to other parties with an interest (or, at least, purported interest) in a trust.
Cayman Fund Finance team sponsors Women in Fund Finance luncheon
The Appleby Cayman Islands Funds Finance team looks forward to welcoming you to the FFA Global Symposium and to join us at the annual WFF Networking luncheon on February 16th @ Nobu, Miami.
Technology and Innovation Guide – Seychelles
As the pace of technological change accelerates, so too does the legal and regulatory landscape. The Appleby 2022 Offshore Technology and Innovation Guide provides a unique and detailed overview of the legal and regulatory position in the Seychelles.
Technology and Innovation Guide – Mauritius
As the pace of technological change accelerates, so too does the legal and regulatory landscape. The Appleby 2022 Offshore Technology and Innovation Guide provides a unique and detailed overview of the legal and regulatory position in Mauritius.
Technology and Innovation Guide – Guernsey
As the pace of technological change accelerates, so too does the legal and regulatory landscape. The Appleby 2022 Offshore Technology and Innovation Guide provides a unique and detailed overview of the legal and regulatory position in Guernsey.
Appleby's Offshore Data Protection Guide
With data protection laws in more than 120 countries around the world, personal data is now viewed as one of the most valuable commodities in today’s global digital economy. Protecting those assets is now a priority for governments, businesses and individuals alike. The increasing complexity of regulation and the meteoric rise of technology, together with cyber security concerns and international data sharing regimes such as FATCA make the protection and use of personal data more complex than ever before.
Asset Holding Company Regime – A Jersey Perspective
The UK’s new asset holding company (AHC) regime is expected to come into effect in April 2022. This is part of a broader set of initiatives by the UK government to have positive outcomes for the financial sector and enhance the UK’s competitiveness as a location for asset management and for investment funds.
Data Privacy Week – Your Data, Your Choice
This week is Data Privacy Week, an occasion championed by the National Cybersecurity Alliance, the American non-profit, public-private partnership promoting cybersecurity and privacy education and awareness.
Developments For HR Practitioners To Watch Out For This Year
Last year was a busy one in the world of labour and immigration law. A raft of changes were made to the Employment Act 2000, including new rights and obligations in relation to bullying and harassment policies and the use of probation periods.
Listing Sustainability-Linked Bonds on The International Stock Exchange (TISE)
This article provides a summary of Appleby listing agent services in the Channel Islands, and also offers an introduction to listing Sustainability-Linked Bonds on The International Stock Exchange ("TISE").