December 2018

18 Dec 2018

Bermuda’s Economic Substance Requirements

The Economic Substance Act 2018 (the “Economic Substance Act”) was tabled on 7 December 2018 and, following revisions, again on 17 December 2018.

Background

In November 2017, the Government of Bermuda made a commitment to the Code of Conduct Group (Business Taxation) (the “COCG”) of the Council of the EU to address concerns relating to economic substance. Bermuda agreed to pass legislation to implement any appropriate changes by 31 December 2018 to avoid being put on an EU list of non-cooperative tax jurisdictions.

14 Dec 2018

Court Of Appeal Backs Former Chief Justice’s Ruling in Same Sex Marriage Case

In an important decision for Bermuda, the Court of Appeal has supported a decision of the Supreme Court made by Former Chief Justice Ian Kawaley in Ferguson et al v Attorney General in June 2018 which held that certain aspects of the Domestic Partnership Act...

11:00 / Bermuda Government / Legislation / Miscellaneous / Jennifer Haworth

12 Dec 2018

Next Chapter for MJM as Firm Appoints New Directors

MJM Limited is pleased to announce that Senior Associates, Jennifer Haworth and Jeremy Leese will be promoted to Directors of the firm effective 1 January 2019.

The newly promoted Directors have extensive combined legal experience, in Bermuda and globally. Both Jeremy and Jennifer have been at MJM for over six years, making strong contributions to their respective practice areas of dispute resolution and corporate respectively, and to the overall growth of the firm.

15:01 / MJM Barristers & Attorneys / MJM Limited

12 Dec 2018

MJM’s Corporate Team Ranked TIER 2 in Bermuda by IFLR1000

MJM Limited is pleased to announce that its Corporate Team is Ranked TIER 2 in Bermuda in results released recently by International law firm rating agency, IFLR1000. IFLR reported that “MJM specialises in the aviation and shipping industries. The firm recently demonstrated its capabilities as counsel on significant...

12:00 / Uncategorized / MJM Limited

12 Dec 2018

New Draft Bermuda Plan In Operation

On 3 December 2018, the Department of Planning released the Draft Bermuda Plan 2018 (the “Draft Plan”), which became operational on the same date. The Draft Plan details the land use zonings and policies, which the Department of Planning uses to review and assess planning...

12:00 / Uncategorized / Denis de Frias

11 Dec 2018

The Law of Meetings

The fundamental principles of the law of meetings are sometimes over-looked in the modern climate of unanimous written shareholder resolutions, comprehensive retrospective ratifications, and the liberal application of the “Duomatic principle”. The decision in East Asia Company Limited -v- PT Satria Tirtatama Energindo in the Bermuda Court of Appeal provides a salutary reminder that the devil is always in the details.

23:22 / Bermuda Case Law & Legislation / Commercial Law / Company & Commercial Law / Andrew A. Martin

11 Dec 2018

Land Title Registration Regime is Up and Running

Following indications given last year, the Land Title Registration regime went live on 27 August 2018 when certain triggers for compulsory registration were enacted. The triggers enacted are: (a) Conveyance on sale, (b) Granting (or the Assignment) of a Lease for a term of 21 years or more, (c) Mortgage and (d) Conveyance by Court Order.

23:18 / Property Law / Denis de Frias

01 Dec 2018

Notable Bermuda Trust Decisions of 2018

In the Matter of the X Trusts [2018] SC (Bda) 56 Civ (12 July 2018) The trustees in this case are private trust companies which have for some years been responsible for managing trusts which control underlying assets worth billions of dollars. The beneficiaries fall into...

16:50 / Bermuda Case Law & Legislation / Commercial Law / Company & Commercial Law / Fozeia Rana-Fahy