It’s always wise to hope for the best but plan for the worst, and, with global rates of dementia on the increase, planning for incapacity should be part of everyone's wealth and succession strategy.
Where the assets held…
more
/ Business Organizations, Health, International Law & Trade, Wills, Trusts, & Estate Planning
On 17 April 2025, the Central Bank of Ireland published its latest UCITS Q&A (42nd Edition).
The Q&A contains its updated policy position regarding portfolio transparency requirements for exchange traded funds ("ETFs")…
more
/ Administrative Law, Finance & Banking, Securities Law
Welcome to the January - March 2025 issue of our Irish Quarterly Legal and Regulatory Developments report for asset management and investment funds.
This report covers key dates and developments during the quarter, such as: …
more
/ Administrative Law, Finance & Banking, Securities Law
The Cayman Islands is a leading jurisdiction in the establishment and management of trusts; this is highlighted by the variety of structures that can be utilised, including the flexible discretionary trust and STAR trusts, which…
more
/ International Law & Trade, Wills, Trusts, & Estate Planning
Entities have ongoing obligations to keep beneficial ownership information up to date.
Legislative developments have clarified what information needs to be reported for trusts and deemed beneficial owners…
more
/ Administrative Law, Business Organizations, Securities Law
On 15 April 2024, the Alternative Investment Fund Managers Directive II (AIFMD II) as regards delegation arrangements, liquidity risk management, supervisory reporting, the provision of depositary and custody services and loan…
more
/ Finance & Banking, Securities Law
The petition debt must be disputed on substantial grounds. It is an abuse of process to use the winding up court as a debt collection agency.
If the Court is to accede to an application to restrain a winding-up petition, the…
more
/ Bankruptcy, Business Organizations, Civil Procedure
Private equity (PE) secondary transactions have grown significantly in recent years, driven by increasing liquidity needs among investors triggered by geopolitical uncertainties, public market volatility significant declines in…
more
/ Business Organizations, Finance & Banking, International Law & Trade, Securities Law
On 26 February 2025, the European Commission (Commission) published an omnibus package (Omnibus Package) of proposals to amend the EU's framework for sustainability reporting, including under the CSRD ((EU) 2022/2464). The…
more
/ Administrative Law, Business Organizations, Environmental Law
For the purposes of determining the incidence of costs under Buckton, the fact that the relief sought is strenuously opposed by a party and comments are traded that some might perceive as "hostile" does not mean that a Category…
more
/ Civil Procedure, Privacy
The Grand Court has clarified that, where a company in official liquidation commences proceedings claiming that it holds certain rights, in order for the defendant to proceed with a counterclaim asserting that it is the true…
more
/ Bankruptcy, Business Organizations, Civil Procedure
The States of Guernsey is being asked to approve the introduction of legislation preventing age discrimination.
These proposals will be voted upon in the April 2025 meeting…
more
/ Civil Rights, Labor & Employment Law
The Bermuda Monetary Authority ("BMA") has issued an invite for proposals from voluntary participants to take part in a pilot project aimed at testing Embedded Supervision practices within the context of DeFi.
Embedded…
more
/ Finance & Banking, Science, Computers, & Technology
The best plan is worthless if not properly executed.
This article follows on from our earlier discussion on issues clients may need to consider before passing assets to their intended heirs. Here, we highlight some offshore…
more
/ Conflict of Laws, Taxation, Wills, Trusts, & Estate Planning
Under section 43(b) of the Trusts (Guernsey) Law, 2007, when a trustee resigns or is removed it may require that it be provided with reasonable security for liabilities before surrendering trust property…
more
/ Commercial Law & Contracts, Taxation, Wills, Trusts, & Estate Planning
