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Editorial


CAYMAN CAPTIVE


Two Thousand Eleven


Cayman Captive is published annually by Newton Media Limited. Newton Lodge


15-17 Newton Way


Woolsthorpe-by-Colsterworth NG33 5NR, United Kingdom


Telephone: +44 208 290 4943 Fax: +44 207 681 1248 Directors


John Eddington and Nicholas Lipinski Editor


Nicholas Comrie


Email: ncomrie@newtonmedia.co.uk Consulting editor Roger Crombie


Email: crombie@newtonmedia.co.uk Sub-editor Susan Gault Advertising


John Eddington Telephone: +44 1476 861 737


Email: john@newtonmedia.co.uk Martin Sellar


Telephone: +44 208 460 2778


Email: msellar@newtonmedia.co.uk Nicholas Lipinski


Telephone: +44 208 313 3967


Email: nlipinski@newtonmedia.co.uk Production and design


Strano and Pettigrew Design Associates 67 Mowat Avenue, Suite 239 Toronto, Ontario M6K 3E3 Canada


Telephone: 416 533 7171 Fax: 416 535 7526


E-mail: info@stranoandpettigrew.com www.stranoandpettigrew.com Printed by Buxton Press, UK ©Newton Media Limited 2010


No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electrical, mechanical, photocopying, recording or otherwise without the prior written permission of the publisher.


The views expressed in Cayman Captive are not necessarily those shared by the


publisher, Newton Media Limited. Wishing to reflect the true nature of Cayman, the editor has included articles from a number of sources, and the views expressed are those of the individual contributors. No responsibility or liability is accepted


by Newton Media Limited for any loss to any person, legal or physical, as a result of any statement, fact or figure contained in Cayman Captive.


This publication is not a substitute for advice on a specific transaction.


The publication of advertisements does not represent endorsement by the publisher. Cayman Captive - ISSN 1745-851X ©iStockphoto.com / Tammy616


It seems that in spite of the regulatory


headwind posed by Solvency II and equivalence, the Cayman Islands continue to prove a resilient and attractive jurisdiction for captives. The Cayman Islands Monetary Authority (CIMA) and the industry appear well positioned to cope with changing international regulatory demands, while the market has remained remarkably buoyant during the recent downturn. As Gordon Rowell, head of insurance supervision at CIMA indicated at the recent European Captive Forum in Luxembourg, Cayman is taking a measured approach to changes in the regulatory environment, and is considering its international position before responding to the full demands of Europe’s regulatory regime. And with Cayman scooping international industry accolades and its cat bond market cementing its position as a global leader, Cayman has every reason to be confident that it is well placed to consider its own future.


Healthcare continues to dominate Cayman’s


captive offering, and in ‘Healthcare captives: a retrospective’, Monique Jackson, chairman of the Insurance Managers Association of Cayman (IMAC), details the development of the sector—from its beginnings back in 1976 with the formation of a professional liability captive for the Harvard Medical School, through the response to litigation in the nineties, to the Islands’ position today as a leading captive healthcare jurisdiction. The piece is further complemented by ‘Risk management—not business as usual’, in which Mary Chmielowiec and Paola DiNatale of PointRight detail the impact that changes to US healthcare provision will have upon the


captive industry on the Islands, and examine how the industry can best respond to the US’s emerging healthcare agenda.


Cayman cat bonds have had another strong


year—leading the way internationally in terms of issuances. In ‘Cayman: riding the cat bond surge’, Paul Scrivener of Solomon Harris addresses rising interest in the offering and the continued success of Cayman’s cat bond market.


On the regulatory side, Monique Jackson


of IMAC provides an annual update of the Island’s continuing success as a captive domicile in ‘Positive momentum’, while Cindy Scotland of CIMA details the progress the authority has made in the face of changing domestic and international standards in ‘The challenge of leadership’.


With the industry facing tough market


conditions, Munder Capital Management discusses investment strategies and when exactly captives should consider an investment manager in ‘Asset management: weighing up the options’. Whilst in ‘An opportunity for upstream stimulus’, Global Capital Management cautions against always opting for buy-backs, encouraging captives to consider alternatives when thinking of going down the capital return route.


Finally, legal insights are provided by PKF


Cayman and EisnerAmper, with the two firms outlining legal and regulatory developments impacting Cayman in ‘Positive steps’; while technical insights into changing international accounting practice are provided by PricewaterhouseCoopers in ‘Accounting for greater global consensus’.


Wait and differentiate


CAYMAN CAPTIVE


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