British Virgin Islands incubator and approved funds

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Establishing Economic Substance in the BVI

By Anton Goldstein, Rachael Pape The British Virgin Islands (the “BVI”) has introduced “economic substance” requirements for entities carrying on certain specified activities under the Economic Substance (Companies and Limited Partnerships) Act, 2018 (the “ES Act”). The ES Act, which was brought into force in the BVI as of 1 January 2019, requires certain legal entities incorporated […]

Tread with care: Directors’ Declaration of Solvency

By Ben Hobden, Róisín Liddy-Murphy A recent case from the English High Court, LRH Services Limited (in liquidation) -v- Trew and others[2018] EWHC 600 (Ch) (“LRH Services Limited”) provided a cautionary reminder to directors of the consequences that can arise in signing declarations of solvency, without having carried out the necessary inquiries as to the company’s […]

Bermuda’s Insurance Act – encouraging innovation

By Charles G.R. Collis, Chris Garrod, Sophia Greaves, Chiara T. Nannini Amendments to the Insurance Act 1978, which became operative on 5 August, have introduced two new classes of insurer and a new category of insurance intermediary. The changes are designed to provide alternative regimes appropriate for insurers and intermediaries focused on innovative and technology-based […]

Court of Appeal Affirms That Confidentiality Orders Should Be Rare

By Ben Adamson The issue of confidentiality orders, and when they will be granted, is a frequent topic particularly in the context of trust law. The approach of the Bermuda courts in granting confidentiality orders in trust matters is often contrasted with the stricter approach currently taken by the English Courts. In Director for Public Prosecutions […]

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