Bermuda Law Blog

20 Aug 2015

Corporate Service Provider Business Act 2012 & Corporate Service Provider (“CSP”) Business Amendment Act 2014 (collectively the “Act”)

The Bermuda Monetary Authority (“BMA”) held an informational session on the 24th of July, 2014 regarding the licensing of a CSP. Ms. Tamara Anfossi of the BMA announced that the CSP regime commencement date is pending amendments to the Exchange Control Act 1972 (“Foreign Exchange”). It is anticipated that the amendments to Foreign Exchange will be passed by Parliament prior to January, 2016.

20 Aug 2015

Aircraft Finance: Cape Town Convention to Further Strengthen Bermuda’s Hand

Bermuda is firmly established as the offshore jurisdiction of choice in aviation finance; however, one missing piece in the jigsaw puzzle within this sector has been the non-implementation in Bermuda of what is known as the Cape Town Convention. The Cape Town Convention on International Interests in Mobile Equipment and the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment (together the “Convention”) came into force on 1 March, 2006. The Convention facilitates aircraft finance transactions by providing a regularised electronic international registry of “international interests” over moveable property (the “International Registry”), such International Registry being recognised in all Contracting States (being countries which have implemented the Convention). The Convention also sets out a framework for dispute management as well as remedies and relief available to creditors.

19:36 / Company & Commercial Law / Jeremy Leese

02 Jul 2015

Proposed Changes to Bermuda’s Criminal Law

In May of this year, the Attorney General introduced two Bills in the House of Assembly that contained several measures aimed at reforming Bermuda’s criminal law, with the goal of enhancing efficiency. The Disclosure and Criminal Reform Act 2015 (the “Reform Bill”) and The Criminal Jurisdiction and Procedure Act 2015 (the “Procedure Bill”) (together the “Bills”) were passed by the House of Assembly on 5 June 2015. They remain to be debated in the Senate.

16:19 / Bermuda Case Law & Legislation / Litigation & Dispute Resolution / Jennifer Haworth

27 Apr 2015

Analyzing The Legality of a Forfeiture Clause Within a Bermuda Will

In an anonymised ruling of December 2014, In the Matter of the Estate of PQR, Deceased [2014] Bda No. 205, Chief Justice Kawaley analysed the legality of a forfeiture clause within a Bermuda will. The point of construction was one that had not been determined as a matter of Bermuda law and turned on the divergence between commonwealth case law (more hostile to the validity of forfeiture clauses) and English case law (less hostile to the notion of seeking to give reasonable effect to forfeiture clauses).

19:33 / Bermuda Case Law & Legislation / Wills, Trusts & Estates / Fozeia Rana-Fahy

27 Apr 2015

Q & A with Bermuda’s first Information Commissioner, Gitanjali S. Gutierrez

I had the pleasure of sitting down with Mrs. Gitanjali Gutierrez in my office at MJM last week for a one-on-one interview about her background, role as Bermuda’s first Information Commissioner, and the Public Access to Information (PATI) Act implementation. A fascinating woman, she spoke passionately about her new role and the way PATI is changing the way things are done in Bermuda. Here’s what she had to say...

19:28 / Bermuda Case Law & Legislation / Bermuda Government / Agathe Holowatinc

27 Apr 2015

Transcontinental Trusts: Bermuda Forum

As one of the oldest international trust jurisdictions, Bermuda is known as a premier jurisdiction for trusts and other private client structures. Bermuda serves a broad spectrum of international businesses and high net worth clients and this year we are proud to be hosting the Transcontinental Trusts Forum: Shaping the Global Agenda of the Offshore World.

18:13 / MJM Barristers & Attorneys / Wills, Trusts & Estates / Agathe Holowatinc

23 Apr 2015

Property Rights of Permanent Resident Certificate Holders under the proposed Bermuda Immigration and Protection Amendment Act 2015

The recent sitting of Senate has seen significant legislative amendments introduced. One amendment in particular that has caused great discussion is that of the property rights now afforded to Permanent Residence Certificate Holders (“PRC Holders”). For clarification, a PRC holder is one who has obtained a Permanent Resident’s Certificate by the Minister under section 31A or 31B under the Bermuda Immigration and Protection Act 1956 (the “Act”).

16:20 / Bermuda Case Law & Legislation / Bermuda Government / MJM Limited

23 Apr 2015

The Question of Temporary Stewardship of the Corporation of Hamilton

On 22 December 2014, counsel for the Corporation of Hamilton (the “Corporation”) initiated proceedings to challenge the constitutionality of certain amended sections of the Municipalities Act 1923 (the “Act”) (the “Proceedings”). On 26 January 2015, the Minister of Home Affairs (the “Minister”) exercised his right under section 7B(6) of the Act and provided notice to the Corporation that he intended to assume temporary stewardship of it (the “Stewardship”).

15:54 / Bermuda Case Law & Legislation / Bermuda Government / MJM Limited