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Cayman Regulatory Update – Q3 2024

Amendments to AML legislation and recently issued regulatory measures from CIMA.

Judicial review

All public bodies and some other bodies exercising functions of a public law nature are susceptible to challenge by way of judicial review.

Regulatory & Risk Advisory Review: Cayman Islands – April to June 2024

Welcome to the second instalment of 2024 of the Regulatory & Risk Advisory Review.

‘Future Made in Australia’ package introduced to federal parliament

The proposed package also aims to establish the Future Made in Australia Innovation Fund

GDPR compensation rights clarified in EU court rulings

It is widely understood that the concept of ‘material’ damage refers to financial loss, but the meaning of ‘non-material damage’ has been less clear and, as a result, the subject of litigation.

Onshore wind development in England given government green light

The move is designed to support the new government’s aims of scaling up renewable energy generation in the UK – aims that include doubling onshore wind capacity by 2030.

EU law on the energy performance of buildings

Member states must then calculate national cost optimal levels

Proposed increase to employment tribunal award limits in Jersey

The recommendation to Social Security Minister Lyndsay Feltham by the Jersey Employment Forum

Irish Central Bank offers transparency to financial firms submitting authorisation applications

This is the first edition of what will be an annual report which will provide information regarding the Central Bank’s approach to authorisation of regulated firms in Ireland.

Court of Appeal clarifies level of particularisation required for civil fraud claim

The Court of Appeal upheld the High Court’s decision, which had dismissed Standard Chartered’s applications to strike out parts of the claim.

UK students’ group litigation order application fails

Law firms representing the students are seeking damages for the students to compensate them for that alleged disruption.

Cayman Islands Preference Share Financing and Redemption Rights

Given the flexibility of the Cayman Islands corporate law regime, many commercial terms can be accommodated.

BVI Companies: Voluntary Liquidations v Strike Offs

This includes having paid all outstanding licence fees and made all applicable returns within the time frame prescribed by law.

Ogier extends its partnership with National Trust for Jersey to donate 150 free family passes

The passes will be distributed through the Children and Families Hub

Balancing Innovation And Stability: Bermuda Monetary Authority’s Stance On Affiliate Investments

A new approval process for affiliate investments forms a key part of the Bermuda Monetary Authority’s enhanced regulatory regime for long-term insurers and reinsurers.

UK election results - a view from the Hogan Lovells Privacy and Cybersecurity practice

The new UK Government should aim to realise the opportunity to place the UK as a global leader in these areas.

Why some UK ‘sustainability improvers’ funds face greenwashing risk

There is a more general point.

Maples Group observes switch back to Cayman securitisation structures

The EU Securitisation Regulation, in turn, bans the use of special purpose vehicles (SPVs) in EU AML-listed countries.

Guide to Freezing Orders in Bermuda

The applicant makes an application to the Court, in particular setting out in an affidavit the reasons for the application and the basis on which the relevant test is met.

Belgian and EU Lobbying regulations in the spotlight

Each has adapted its internal rules to include a lobby register inspired by the EU Transparency Register.

Government Regulation