05/17/2022
The FTC at Full Strength: What to Expect Next
The agency’s authority to craft trade regulation rules covering unfair and deceptive trade practices
Government Regulation
05/17/2022
US tops financial secrecy ranking as G7 countries upend global progress on transparency
The G7 countries’ undermining of global transparency has further fuelled calls by leading economists for a UN tax convention
05/17/2022
Close-out netting and set-off provisions for BVI, Cayman Islands, Guernsey, Jersey and Luxembourg counterparties
As a result, financial institutions are reacquainting themselves with protectionist financial contracts, for example, interest rate hedging and swap contracts.
05/17/2022
Family Office Considerations Relating to Partnership Audits
Since Family Offices may be in a position of management, this is a particularly sensitive issue for family office professionals.
05/17/2022
EU Proposal for further interest limitated rules - the impact on international business
The implementation and final form of the draft Directive is subject to unanimous consent by all EU Member States.
05/16/2022
A Brief Guide To Statutory Demands And Applications To Set Aside Statutory Demands In The BVI
Under section 8(1)(a) of the Act, a company or a foreign company is insolvent if it fails to comply with the requirements of a statutory demand that has not been set aside under section 157.
05/15/2022
European Commission publishes revised antitrust rules on vertical agreements
Both the EU and the UK have now set out their replacement vertical toolkits.
05/13/2022
Rediscovering Share Trustee Services
Regulatory and legislative change, including the US Volcker Rule, has also incentivised the use of share trustees over recent years.
05/13/2022
Queen's Speech confirms UK data protection reform
Businesses can expect the Data Reform Bill to have a large impact on their data protection practices and data governance.
05/13/2022
New Restructuring Officer Regime to be introduced in the Cayman Islands during 2022
During the course of 2022, Part V of the Cayman Islands Companies Act (the "Companies Act") will be amended to introduce a new restructuring officer regime available to companies in financial distress, which can be accessed without the need to p
05/13/2022
Charities Act 2022 - when will the changes happen?
The Act’s substantive provisions will only come into force once the Secretary of State makes regulations giving specific commencement dates and that hasn’t happened yet.
05/13/2022
British Virgin Islands Regulatory Obligations and Filing Deadlines 2022
Asset allocation details are also required, but there is no need to set out specific details of individual investments.
05/13/2022
BVI governor launches raft of criminal investigations in wake of corruption inquiry
In addition, an investigation would be made into possible corruption within HM Customs (COI Recommendation B40).
05/12/2022
Snapshot: obtaining indemnity costs against a litigant in Jersey
Ogier successfully appeared for BDO and Creditforce, and obtained an indemnity costs order against a trustee previously found to have misappropriated trust assets.
05/11/2022
Herbert Smith Freehills Financial Regulation Daily Update
The FCA plans to publish its final report on the multi-occupancy buildings insurance market by 28 July 2022.
05/11/2022
EU sanctions: application of trusts measures outside the private trusts sphere
They also apply to all business done by non-EU persons in whole or in part within EU territory, including its airspace and on any aircraft or vessel under an EU member state's jurisdiction.
05/11/2022
Cayman Court intervenes to preserve segregation of captive insurance portfolios
SPCs consist of one overarching legal entity
05/11/2022
International Law Recourse for Potential Expropriation of Foreign Assets by Russia
Essentially, the proposed regime would allow the Russian government to take control over Russian assets of foreign companies that have recently made a decision to leave Russia
05/11/2022
Winding Up an Exempted Limited Partnership: How Long Will Cayman Islands Law Remain in a Judicial State of Flux?
The resolution of these debatable legal issues is not only of legal or academic interest: since these issues also have significant commercial implications.
05/11/2022
European Banking Authority Publishes Final Draft Regulatory Technical Standards on EU Risk Retention
Article 6 of the EU Securitisation Regulation requires the originator, sponsor or original lender of a securitisation to retain on an ongoing basis a material net economic interest of not less than 5%, using one of five possible methods.