Shareholder relief: Eastern Caribbean Appeal Court considers the just and equitable grounds for winding up a BVI company

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Digital asset business act marks a new chapter in Bermuda’s fintech revolution

By Chris Garrod Bermuda’s recently passed Digital Asset Business Act, 2018 (“DABA”) adds a new layer to the Island’s fintech transformation. The legislation, which is likely to come into force in September, covers the licensing of entities which will carry on digital asset business in or from Bermuda. It is completely separate from the new […]

Constant evolution maintains Cayman Islands fund leadership

By Gene DaCosta As the long-term offshore leader for the formation and domicile of hedge funds, and a hotbed of activity in the private equity market, the Cayman Islands has always been a trailblazer and a beacon for the efficient deployment of global capital. This reputation has endured over decades and remains as solid today, […]

Bermuda land title registration – Your questions answered

By Francesca Fox The Land Title Registration Act, 2011 (the “Act”), as recently amended, is likely to come into full effect in August. Bermuda landowners may have a number of questions concerning this legislation, which we aim to answer in this article…

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By Gene A. DaCosta and Maree Martin By Notice of 20 July 2018 the Cayman Islands Monetary Authority (“CIMA”) has responded to a number of frequently asked questions by confirming that all funds (regulated and unregulated) that conduct relevant financial business in or from within the Cayman Islands must appoint suitably qualified managerial level natural persons […]

British Virgin Islands incubator and approved funds

By Robert J.D. Briant Cementing its reputation as the offshore jurisdiction of choice for new managers and start-up funds, the British Virgin Islands’ innovative Incubator and Approved Fund products continue to grow in popularity, as they allow managers to start building a track record and launch funds under less stringent regulatory conditions…

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Longer term tenancies? Potential implications for lenders

Walker Morris’ Housing and Banking Litigation experts Karl Anders, Justin Coley and Sandip Singh explain the UK government’s consultation on introducing longer-term tenancies in the private rented sector, with a particular focus on potential impacts for lenders…

Assessing creditworthiness in consumer credit: FCA publishes final rules and guidance

The results of a large-scale survey by the Financial Conduct Authority (FCA) in 2017 indicated, among other things, that: 75% of UK adults had one or more consumer credit products or loans in the previous 12 months; 4.1 million people were “in difficulty” because they had already failed to pay domestic bills or meet credit […]

Open Banking, fintech and the Brexit hokey cokey

By Miles Trower London is, arguably, the most important global hub for financial services. As a result, the consequences of the Brexit vote, the ensuing uncertainty and the eventual transitional and regulatory framework applying to UK financial services and how it will continue to access overseas markets has been subject to huge speculation. Much of […]

FCA consultation on a Global Financial Innovation Network

By Russell Kelsall On 7 August 2018, the Financial Conduct Authority (FCA) published a consultation on the creation of a Global Financial Innovation consultation. With innovation in the global financial services market rapidly increasing, it is important for firms to consider the options for building, implementing and sharing experiences of digital solutions.

Austria: The DPA’s strict view on retention periods

At the end of July, the Austrian Data Protection Authority (‘DPA’) published its first decision on retention periods applying the General Data Protection Regulation (‘GDPR’; DSB-D216.471/0001-DSB/2018). The decision is final. The DPA had to decide for which period a provider of telecommunications services (hereinafter: the ‘controller’) may (respectively must) retain so-called master data, required for […]

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