04/28/2023
Cayman Inspectorship – an exceptional remedy?
ADF’s central concern is the governance of the Company and the constitutional arrangements within the Company which have allowed the IM to have effective control and tenure.
Government Regulation
04/28/2023
Global Registration Services Market Update Q1 2023
Whilst the FSMA will continue approving marketing communications towards retail investors in advance, the FAQ provides details of certain exceptions which may apply in case of very short marketing communications whereby prior approval may not be required.
04/28/2023
Forward-thinking jurisdictions welcoming VASPs
Once considered too risky to be adopted by larger financial services providers we see that new regulatory requirements relating to virtual assets are rigorous, but do not stifle innovation.
04/28/2023
FSOC Sets the Stage for New Designations by Issuing Two Proposals
The FSOC’s issuance of these two proposals signals a renewed effort by Treasury Secretary Janet Yellen, who chairs the FSOC, to reinvigorate the FSOC’s designation process for nonbank financial companies.
04/28/2023
Proposed changes in EU securitisation guidelines pose challenges to cross-border deals
The EBA’s existing guidelines on the STS criteria only concern ‘traditional’ securitisations: asset-backed commercial paper (ABCP) and non-ABCP transactions.
04/28/2023
Pensions disputes: cases highlight clear customer communication importance
Mr N complained to the provider that the discount should be applied to the income drawdown account.
04/27/2023
Public Consultation on Proposed Enhancements to Supervisory Powers within the Bermuda Investment Funds Act
These proposals include requiring Professional Class A, Class B and Closed Funds to prepare financial reports that contain audited financial statements.
04/27/2023
Key points to consider when handling personal data
A data controller is a person/entity who makes decisions about why and how personal data is handled.
04/27/2023
Dutch consumer regulator publishes P2B Regulation guidance
The 2020 P2B Regulation contains European rules for a fair and transparent online market where platforms behave responsibly.
04/27/2023
Hong Kong Monetary Authority Issued Two Circulars to Authorized Institutions Regarding Payment Cards
HKMA requires AIs to immediately step up their effort to bring customer awareness to card frauds and scams
04/27/2023
NLRB Requires Changes to Employee Severance and Other Agreements
The NLRB determined that such provisions have a reasonable tendency to interfere with, restrain, or coerce the exercise of employee rights under Section 7 of the NLRA.
04/27/2023
Japan to increase hydrogen supply sixfold by 2040
Japan has developed an action plan to increase cooperation between the relevant ministries and agencies responsible for renewable energy.
04/26/2023
UK government publishes Digital Markets, Competition and Consumers Bill
The new rules in the Bill will allow the Competition and Markets Authority (CMA) to decide when consumer law has been broken, rather than having to take each case to court.
04/26/2023
BVI company law: Eastern Caribbean Court of Appeal provides further clarity on the application of the Duomatic principle
Disputes frequently arise as to the circumstances in which the Duomatic principle should apply to ratify informal actions, particularly where those actions cause prejudice to other stakeholders.
04/26/2023
An introduction to the new Trading Standards (Fair Trading) (Guernsey) Ordinance, 2023
The TS Ordinance introduces a statutory framework to protect consumers and ensure fair trading.
04/26/2023
The power of openness and trust – engaging with the regulator
In this age of technology and social media, a tension exists between aligning our digital and real-world self. Our digital self is a filtered, polished version of our real-world self.
04/25/2023
Losing data adequacy not a ‘complete disaster’, says Whittingdale
The UK government has previously described the proposed new Bill as a “common-sense-led UK version of the EU’s GDPR”
04/25/2023
Securitisation and Cayman Orphan SPVs – Part One
This article will briefly discuss what a securitisation transaction is
04/25/2023
Hogan Lovells launches new Global Foreign Direct Investment Legal Guide
The guide provides insight into and comparison of FDI screening regimes in 22 key jurisdictions
04/24/2023
New Changes To Cima's And The Fra's Powers
Eight new bills have been proposed that will increase the Cayman Islands Monetary Authority’s (CIMA) and Financial Reporting Authority’s (FRA) powers.