Taking a Jersey company private: Is there a new kid on the block?
This article focuses on the emergence of a statutory merger under Part 18B of CJL as an alternative method of implementing a take-private of a Jersey company following the recent take private of Atrium European Real Estate (AERE) by Gazit-Globe Limited (on which Appleby advised AERE (see Appleby advise Atrium European Real Estate Limited on its ground breaking €1.45 billion merger with Gazit Globe Limited)
Employment status: what is it and why does it matter?
Most legal protections for workers in Bermuda are contained in the Employment Act 2000 (EA 2000) and are available only to “employees”. This article explores the legal definition of the term and its importance, as well as potential future developments in this area.
Company re-domiciliation into and out of Jersey
The United Kingdom government has recently finished a first round of consultation on a proposed new regime allowing overseas companies to re-domicile to the UK.
Update: Expansion of the Jersey Insolvency Toolkit
The adoption of the Companies (Amendment No. 8) (Jersey) Regulations 2022 (Regulations) [last week] brings welcome changes to Jersey’s insolvency toolkit.
Bermuda’s government and legal system
Litigants in Bermuda must negotiate a legal system that combines deep historical roots with a modern approach that increasingly accommodates specialisation. Here, we canvass the legal history of the island, the courts that make up the island’s justice system and our system of government.
Corporate Criminal Liability for Failure to Prevent Money Laundering
On 28 January 2022 the Government of Jersey launched a consultation, which closes on 21 February 2022, regarding proposals to introduce a new corporate criminal offence for any financial services business (FSB) which fails to prevent money laundering and terrorist financing.
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.