Insolvency law: secured creditors take note (Bermuda)
The recent judgment delivered by the Supreme Court of Bermuda in the matter of Harold J. Darrell highlights the possible implications for secured creditors who fail to accurately disclose their security interests in insolvency proceedings.
Podcast: Bermuda: Fintech Insights & Trends
Join Jerome Wilson and his colleagues as they delve into the global fintech landscape and Bermuda’s Digital Assets Business Act (DABA). Latest podcast, listen now.
Bermuda: Education has helped investors get more comfortable as ILS continues to grow
It’s been an exceptionally busy and record first half of the year for the catastrophe bond sector, with a number of first-time sponsors entering the market. This momentum, according to Brad Adderley, Bermuda Managing Partner at Appleby, reflects how education has “helped” investors get more comfortable, ultimately enabling the insurance-linked securities (ILS) sector to continue its growth trajectory.
Crypto Funds in the Cayman Islands
As one of the leading offshore financial centres, home to approximately 70% of the world’s offshore investment funds and with an absence of any direct taxation on companies or individuals, the Cayman Islands has become an attractive destination for technology entrepreneurs. The introduction of framework legislation regulating virtual asset service providers (the VASP Act) in 2020 attracted a number of new entrants to the Cayman market.
'Hallucinated’ case materials: A warning to lawyers
Case Commentary: Ayinde v Haringey & Al-Haroun v Qatar [2025] EWHC 1383 (Admin)
In the recent decision in PI 1 & PI 2 v MR [2025] HKCFI 1110 (PI 1 & PI 2), the High Court of Hong Kong confirmed that certain factual and legal disputes are arbitrable, even where their determination may serve as a precursor to the winding up of a Cayman Islands company on just and equitable grounds. Notably, the High Court of Hong Kong has, for the first time, expressly adopted the reasoning of the Judicial Committee of the Privy Council (the JCPC) in FamilyMart China Holdings Co Ltd v Ting Chuan (Cayman Islands) Holding Corp [2023] UKPC 33; [2024] Bus LR 190 (FamilyMart).
Navigating CIMA Audit Requirements for a Cayman Regulated Fund
To maintain good standing with the Cayman Islands Monetary Authority (CIMA), a Cayman regulated mutual fund or a registered private fund must meet specific audit filing obligations. These requirements are critical for funds seeking to remain compliant or deregister. This article outlines a complete set of audit filing scenarios for Cayman regulated funds as well as its statutory audit filing requirements, including audit waivers, audit filing extensions, and audit period extensions. This article is to address some of the key issues facing fund operators in the operation, management and orderly winding up of the Cayman regulated funds when it comes to audit filings.
A Corp V Firm B: The Abcs Of Arbitral Confidentiality
In the recent judgment in A Corp v Firm B, the High Court of England and Wales set out an elucidating analysis of the extent of the obligation of arbitral confidentiality, and the exceptions to that obligation. The key takeaways from this judgment are not to be missed by those involved in Cayman seated arbitrations or looking to enforce foreign awards in the Cayman Islands.
Impact of Privacy Law on Bermuda Business
On 1st January 2025, Bermuda’s Personal Information Protection Act 2016 (PIPA) came into full force and effect. Based on the core principles of data protection and privacy law internationally, PIPA has profound operational, legal compliance and corporate governance implications for all businesses that use personal information in Bermuda. At the same time, PIPA brings Bermuda into the accepted world of international ‘safe data harbours’.
Simplified Due Diligence in Bermuda
Simplified Due Diligence (SDD) and Reduced Due Diligence (RDD) are critical features of a modern, risk-based anti-money laundering framework. They offer regulated financial institutions the opportunity to streamline customer onboarding and monitoring processes in cases where the risk of money laundering or terrorist financing is demonstrably low.
Panda bonds, initially launched in 2005, saw unprecedented popularity in recent years. This surge is likely driven by factors such as the divergence in the United States (“U.S.”) - China monetary policy and ongoing geopolitical tensions. Panda bonds - renminbi (“RMB”) denominated bonds issued within China's domestic bond market by entities domiciled outside of China - serve as a strategic financing tool. Issuers range from Chinese-owned companies incorporated in offshore financial centers with primary operations in China to international corporations, financial institutions and sovereign entities.
Practical Tips for Conducting Workplace Investigations
Allegations of harassment, bullying or other misconduct in the workplace can create a legal mine field for an employer and be a stressful and uncertain experience for the employee against whom allegations have been made. Safety of other employees, reputation of the employer company and the risk of expensive litigation may all be at issue. Employers are therefore often under pressure to act quickly and decisively to resolve the situation. By conducting a thorough and fair workplace investigations, employers can address workplace issues effectively, protect their employees and minimise legal risks.
