News & Analysis as of

Bermuda Corporate Governance

WilmerHale

The End of the Shareholder Rule: Aabar, Jardine, and the Future of Corporate Privilege

WilmerHale on

Two recent judicial decisions have brought long-standing assumptions about the so-called “Shareholder Rule” under critical scrutiny. In Aabar Holdings S.à.r.l. v Glencore plc & ors, the English High Court held that companies...more

BCLP

Legal Privilege - the King has been advised - the Shareholder Rule no longer applies under English Law

BCLP on

Yesterday in a landmark decision, Jardine Strategic Limited v Oasis Investments II Master Fund Ltd and others, the Privy Council, on appeal from Bermuda’s Court of Appeal, has changed the law....more

Carey Olsen

Bermuda Court confirms personal right of action of company directors to end wrongful exclusion

Carey Olsen on

In two notable recent judgments, the Bermuda Supreme Court ruled that a director of a Bermuda company was entitled to an interim injunction prohibiting the company and its other directors from improperly excluding him from...more

Conyers

The Duties of Independent Directors in Amalgamations and Mergers

Conyers on

This article is the second of a three-part series analysing the decision of Justice Martin in Glendina Pty Limited & Ors v NKWE Platinum Ltd (2025) SC (Bda) 15 Civ – the first “fair value” appraisal claim under section 106...more

Conyers

Economic Substance Declaration Filings – May 2025

Conyers on

The Economic Substance Act 2018 (the “Act”) requires Bermuda-based entities that are carrying on a “relevant activity” in a relevant financial period and entities claiming “non-resident entity” status under the Act to file an...more

Walkers

The BMA invites feedback on proposed Payment Services Provider regulatory framework

Walkers on

The Bermuda Monetary Authority ("BMA") proposes a new Payments Services Act ("PSA") to replace the Money Service Business Act 2016 to establish a clear, risk-based framework for Payment Service Providers ("PSPs") operating in...more

Conyers

Dividends out of Share Premium: A Brief Refresher

Conyers on

As Hong Kong listed Bermuda and Cayman Islands exempted companies approach their annual results season, many may be considering paying their shareholders a dividend, whether due to a profitable financial year or as a gesture...more

Conyers

South & Southeast Asia M&A Report

Conyers on

We are pleased to provide this twice-annual report summarising notable mergers and acquisitions activity in South and Southeast Asia, highlighting transactions over US$100 million in aggregate value. This edition features...more

Conyers

Why Corporations Looking to Move from Delaware Should Consider Redomiciling to Bermuda: A Legal Perspective

Conyers on

Recent decisions in the Delaware courts have prompted many corporate groups to re-evaluate if Delaware is the best domicile for their operations. Delaware has been the first choice US jurisdiction for incorporating corporate...more

Conyers

Segregated Accounts Guidance Note: Key Regulatory Updates for Segregated Account Insurers

Conyers on

In July 2024, the Bermuda Monetary Authority (BMA) released its long-awaited guidance note entitled “General Business Insurers with Segregated Accounts and Separate Accounts” (the “SAC Guidance Note”) which provides the...more

Conyers

“Fair Value” In Appraisal Actions Under The Companies Act 1981 S 106(6)

Conyers on

On 4 February 2025, Martin J handed down judgment in Glendina Pty Limited & Ors v NKWE Platinum Ltd (2025) SC (Bda) 15 Civ. It is the first “fair value” appraisal claim on a merger or amalgamation under the Companies Act 1981...more

Conyers

SGX & Catalist Public Companies Report l H2 2024

Conyers on

This edition of the Conyers SGX & Catalist Public Companies Report summarises selected key transactions involving companies listed on the Main Board and Catalist Board of the Singapore Exchange Securities Trading Limited...more

Conyers

Proposed Enhancements to Bermuda's Group Supervision Framework

Conyers on

On 4 December 2024, the Bermuda Monetary Authority (BMA) issued its consultation paper entitled “Proposed Enhancements to the Insurance Group Supervision Framework,” outlining regulatory updates to strengthen the BMA’s...more

Walkers

A comprehensive guide to the BMA's proposed new Operational Resilience and Outsourcing Code

Walkers on

In response to the increasing interconnectedness of financial service providers across global networks, the BMA is proposing to implement a new Operational Resilience and Outsourcing Code for regulated entities across all...more

Conyers

Bermuda Public Companies Update, Winter 2025

Conyers on

This edition of the Bermuda Public Companies Update summarises significant transactions involving Bermuda companies listed on the New York Stock Exchange and Nasdaq in the second half of 2024. Global Market Update - In...more

Conyers

Top 5 Bermuda Publications of 2024

Conyers on

In Bermuda, our most popular posts and publications provided updates from our Corporate practice, particularly regulatory changes and insurance insights, along with reflections on private client matters and litigation....more

Conyers

Brief Overview of the Data Protection Regime in Bermuda, British Virgin Islands and Cayman Islands

Conyers on

Bermuda, the British Virgin Islands (“BVI”) and the Cayman Islands have each introduced data protection regimes in recent years which align with global data protection standards. It is therefore increasingly important for...more

Conyers

Preparing for PIPA Compliance: A Guide for Organisations in Bermuda

Conyers on

When the substantive provisions of Bermuda’s Personal Information Protection Act 2016 (PIPA) become operational on 1 January 2025, it is vital that all in scope organisations ensure their compliance with PIPA....more

Conyers

The Bermuda Economic Substance Regime – Are You in Compliance?

Conyers on

For Bermuda-based entities which have a financial year end of 31 December 2024, the final quarter of the fiscal year is a good time to consider their position with respect to Economic Substance. Economic Substance Regime -...more

Conyers

The Rise of Convertible Debt: An Alternative Source of Funding for Chinese Issuers

Conyers on

In the ever-evolving world of corporate finance, one trend that has been gaining significant momentum is the increased issuance of convertible debt by Chinese issuers. Over the past few months, Chinese technology companies...more

Conyers

Secondary Listing of Companies on the London Stock Exchange

Conyers on

Having recently acted as Bermuda counsel to a Hong Kong listed company on its successful secondary listing on the London Stock Exchange, we thought it would be helpful to summarise the benefits of a secondary listing to...more

Carey Olsen

Bermuda corporate and finance update Q2 2024

Carey Olsen on

Our corporate team outline the latest developments within the corporate and finance market in Bermuda including Bermuda’s Corporate Income Tax Act 2023, Cyber risk management and The Bermuda Monetary Authority's enhancements...more

Conyers

Winding-Up Petition Struck Out, Joint Provisional Liquidators Discharged in Bermuda

Conyers on

On 15 May 2024, the Bermuda Court granted an order striking out a winding-up petition (the “Petition”), setting aside an earlier order appointing joint provisional liquidators (“JPLs”), and discharging the JPLs appointed over...more

Conyers

PIPA Update – The Brave New World of Individual Rights Requests

Conyers on

With the 1 January 2025 implementation date of the Personal Information Protection Act 2016 (“PIPA”) fast approaching, Bermuda based organisations from small-businesses to multinationals, should be busy preparing for...more

Conyers

Bermuda Public Companies Update, Summer 2024

Conyers on

This edition of the Bermuda Public Companies Update summarises significant transactions involving Bermuda companies listed on the New York Stock Exchange (NYSE) and Nasdaq in the first half of 2024. Global Market Update -...more

54 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide