A Comparative Analysis of BVI and Bermuda Law Security Registration Formalities
The British Overseas Territories of Bermuda and the British Virgin Islands (BVI) are widely recognised as two of the world’s leading international financial services centres. Each is known as providing creditor-friendly legal systems, aided by pragmatic and commercial security registration regimes. These security registration regimes make these jurisdictions attractive options for lenders and businesses to consider when entering into secured financing transactions. This article examines and compares the registration formalities to be met in the BVI and Bermuda, should a lender wish to take security over the assets of BVI and Bermuda entities. In this analysis reference is made to security interests granted as being “charge/s”. However, this term is applied generically and refers to various forms of security interests granted under mortgages, pledges, legal and equitable charges (fixed and floating), assignments, liens and debentures.
G20 Sustainable Finance Initiative and Offshore Green Financing
Green and sustainable finance has been expanding rapidly as investment decisions are increasingly taking into account environmental, social and governance (ESG) factors.
The Stock Exchange of Hong Kong’s Growth Enterprise Market Listing Reforms
On September 26, 2023, HKEx proposed changes to GEM Listing Rules to counter declining new listings since 2019, influenced by the success of the Beijing Stock Exchange in attracting small and medium-sized enterprises.
Exploring Wealth Solutions Amidst Shifting Horizons with Appleby Partner Richard Grasby
Richard shared insights on global trends in wealth structuring and their relevance to Asian markets.
Lisa Upham, Guernsey Advocate and a Notary Public, will look at specific issues relating to various types of power of attorney executed on the island of Guernsey.
The Global sees us share updates and insights from across our network of international offices on the latest legislative news, trends or developments impacting the corporate offshore industry.
Artificial Intelligence and the law
At a time when the implementation of Artificial Intelligence into the professional environment, it is not difficult to predict that the implementation of AI into the running of a law firm will soon become a reality – ‘the key [is to choose] the right area’ of the practice. Indeed, a law firm which practices corporate and commercial as opposed to criminal law has significant benefits and potential for growth by using AI especially where explicit rules are used e.g. employment and tax laws.
Appleby Cayman Islands Regulatory Update – Spring 2023
This Regulatory Update from leading off-shore law firm Appleby discusses key 2022 legislative and regulatory developments and looks ahead at future (and already published) 2023 regulatory developments in the areas of CIMA’s administrative fines regime, financial sanctions and CIMA published circulars. The Appleby Cayman Regulatory Group advises on all areas of Cayman Islands financial services regulation and compliance, including the securities investment business regime, the Insurance/Reinsurance regulatory regime, Anti-Money Laundering compliance as well as Economic Substance and FATCA/CRS compliance.
Determination of the "Senior Management Function" in Jersey
Last year we commented on the broadening scope of Jersey’s civil financial penalties regime and the consultation launched by the Jersey Financial Services Commission (JFSC) on their proposed notice to define “senior management functions” in order to determine who is within scope of the new regime.
Appleby Cayman Islands Regulatory Update – Q4 2022
The regulatory environment continues to remain active and this update from Appleby’s Cayman office takes a closer look at the significant developments in the past quarter, including the new regulatory procedures from the Cayman Islands Monetary Authority (CIMA), the EU’s “new” position on public access to beneficial ownership registers and developments regarding the imposition of sanctions. We hope you will find its contents useful.
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.
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.