Bermuda Law Blog

12 Mar 2014

Honor Desmond-Tetlow
A paragraph in the Throne Speech in November of 2013 heralded a proposed change to the Children Act, 1998. The need to incorporate family mediation into the Act was recognized as a prerequisite for co-parenting orders rather than arising only as a result of a parent’s non-compliance with some existing order. This proposed move to formalize the requirement for mediation brings Bermuda into line with the current practice in many jurisdictions.
12:38 / Bermuda Case Law & Legislation / Family Law
18 Feb 2014

Brian Holdipp
Recently, the following Orders were enacted to add a dedicated corporate governance licensing criterion to the Trust (Regulation of Trust Business) Act 2001, the Investment Business Act 2003 and the Investment Funds Act 2006 (collectively, the “Regulatory Acts”):
17:43 / Bermuda Case Law & Legislation / Company & Commercial Law
11 Feb 2014

Fozeia Rana-Fahy
The Incentives for Job Makers Act 2013 and the Bermuda Immigration and Protection Amendment (No.2) Act 2013 came into operation in December 2013. These two acts effectively introduce various changes to the Bermuda Immigration and Protection Act 1956 (“BIPA”) and the Economic Development Act 1968 (“EDA”) which seek to make it easier for companies to obtain work permit exemptions for certain senior executives and for certain senior executives to be eligible to apply for a Permanent Resident’s Certificate (PRC).
15:12 / Labour, Employment & Immigration law
07 Feb 2014

Jane Collis
The facts of recent UK case Marley v Rawlings (260 KB PDF) were straightforward. Mr. and Mrs. Rawlings gave instructions to their solicitor to prepare identical wills, each leaving their estate to the other, but if the other had already died, to their “adopted son, Terry Marley”. The Rawlings had two biological sons, who were effectively disinherited by these wills. Unfortunately and inadvertently, husband and wife each signed the other’s will as a consequence of the solicitor handing the wrong will to the wrong person. The mistake was discovered on the death of Mr. Rawlings, several years after the death of Mrs. Rawlings, and the Rawlings’ biological sons challenged the will.
14:02 / Wills, Trusts & Estates
19 Dec 2013

Agathe Holowatinc
As another successful year comes to a close, MJM, the recipient of several prominent global awards this year, has much to look forward to in 2014. cfi.co 2013 » BEST CORPORATE & COMMERCIAL TEAM, BERMIDAAmong the prestigious recognitions our firm received is Best Corporate and Commercial Team, Bermuda 2013 by Capital Finance International. MJM was chosen based on our high level of personal attention and ability to cover all aspects of client requirements, as distinguished by comments and endorsements from clients and lawyers in several jurisdictions.
13:48 / MJM Barristers & Attorneys
04 Dec 2013

Fozeia Rana-Fahy
There have been a number of developments in immigration laws and policies this year which have and will impact international and local businesses in Bermuda. The Incentives for Job Makers Act 2011(59 KB PDF) came into force in 2012 which introduced changes to the Economic Development Act 1968 (“the EDA Act”) and the Bermuda Immigration and Protection Act 1956 (“the Immigration Act”). Essentially, under these amendments, a qualifying company is able to apply for section 3(B)(2) designation under the EDA Act. If granted such designation, the company is able to make application(s) under section 5 of the EDA Act whereby senior executives can obtain exemptions from work permit requirements as set out in the Immigration Act. Thereafter, if various requirements and qualifications are met by the company and senior executive, the senior executive can apply for a permanent residency certificate under the Immigration Act.
13:51 / Bermuda Case Law & Legislation / Labour, Employment & Immigration law
03 Dec 2013

Jennifer Haworth

SAGE Commission [report cover]The SAGE Commission

The Spending and Government Efficiency Commission (the “SAGE Commission”), an election platform item for the One Bermuda Alliance (“OBA”), was created in the first quarter of 2013 following on from Bermuda’s national election last year in which the OBA emerged as the new governing party. The OBA had indicated during their election campaign that if they were successful, one of their early objectives would be to establish the SAGE Commission with a view to making the Bermuda Government more efficient, cost effective and transparent in light of the economic challenges currently being faced.
14:53 / Bermuda Government
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