Population management – The real story

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A brief guide to continuing companies in to The Isle of Man

Whether for administrative, tax, confidentiality, substance or other reasons, the ability to re-domicile a company into – or out of – the Isle of Man is a useful feature of Isle of Man Companies legislation. Appleby routinely receives instructions to assist foreign incorporated companies wishing to migrate into the Isle of Man. Increasingly, the Isle […]

Bermuda Investment Funds Amendment Act 2019 becomes operative

The Investment Funds Act 2006 (Funds Act) was amended by the Investment Funds Amendment Act 2019 (Amendment Act). The Amendment Act becomes operative on 1 January 2020. The Amendment Act brings within scope closed-ended investment funds and overseas investment funds. A person operating a closed-ended fund or an overseas investment fund prior to 1 January […]

Bermuda economic substance amendments, 2019

The Government has been engaged in active dialogue with the EU Code of Conduct Group and the OECD during the last 6 months to ensure equivalency with other 2.2 jurisdictions. This has culminated in the introduction of the Economic Substance Amendment (No. 2) Act, 2019 and a further iteration of the Economic Substance Regulations. The […]

BVI Securities And Investment Business (Amendment) Act, 2019

The BVI has gazetted legislation which has come into force on 31 December 2019, introducing a supervisory regime for closed-ended funds. The legislation has been put forward to comply with European Union requirements; most closed-ended funds will be affected but we do not expect it to adversely affect the promotion or operation of most private […]

Americas restructuring review 2020

By John Wasty, John Riihiluoma, Lalita Vaswani, Sam Riihiluoma This chapter discusses the defining features of Bermuda’s insolvency landscape and the primary insolvency and rescue procedures available under Bermuda law, including compulsory liquidations and schemes of arrangements. The restructuring of Noble Group Limited is presented as a case-study, to illustrate the use of provisional liquidation […]

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Private damages claim, public procurement context: Essential limitation advice

By Gwendoline Davies, Lynsey Oakdene Why is this case of interest? In the recent case of Secretary of State for Transport v Arriva Rail East Midlands, the Court of Appeal has highlighted the fact that public procurement processes can give rise to both public and private law claims. Understanding the distinction between public and private […]

Stamp duty and cash pooling

By Samuel Fernandes de Almeida On this matter, it seems peaceful that we will be facing credit granting operations, this time in the form of a current account in which the term is not determinable. The tax treatment under the Stamp Tax (IS) of so-called centralized treasury management operations – cash pooling – has been […]

Foreign Exchange Policy: Angola

By Filipa Fonseca Santos, Joana Pacheco The Angolan Central Bank (Banco Nacional de Angola – “BNA”) recently approved Notice no. 01/2020, with a view to simplifying the administrative procedures for licensing the import of goods, and Notice no. 02/2020 with a view to making exempt from authorisation certain current invisible transactions, ordered by legal persons. […]

Social Housing monthly law update – January 2020

By David Isaacson TLT’s monthly law update on all things affecting social housing To help you keep up with the law and comply with registered provider standards, this monthly law update covers the current legal issues affecting the social housing sector. It includes the main legislative and case law developments and statutory guidance issued for […]

SMEs and commercial lenders: Would further regulation help or hinder?

By Peter Richards-Gaskin When individual consumers need to take action against financial services firms, they’re able to do so via the Financial Ombudsman Service (the FOS). It’s also comforting for them to know that the mortgage on their home is regulated by the Financial Conduct Authority (the FCA). But what about when SMEs are faced […]

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