Bermuda Trust law update
In the Matter of the C Trust [2016] SC [Bda] 53 Civ was the first Bermuda case to extend the perpetuity period under the new Section 4 of the Bermuda…
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
Public Access To Information (PATI) Act and Regulations Now In Force
In Canada, the Access to Information Act provides the public the right of access to information under the control of a federal government institution. In the USA, the Freedom of Information Act allows for the disclosure of documents controlled by the United States government to the public. In the UK, the Freedom of Information Act […]
Another Step in the Right Direction: Bermuda Solvency II Equivalence
Bermuda has moved closer to equivalence under Solvency II (Directive 2009/138/EC) and the retention of EU market access for Bermuda commercial (re)insurers. The encouraging news follows the recent consultation paper published by the European Insurance and Occupational Pensions Authority (EIOPA) which is focused on the equivalence assessment of the Bermuda supervisory system (EIOPA-CP-14/042). EIOPA has […]
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