Trustee Amendment Act 2014 — the “magical morning after pill” still available in Bermuda
…it would seem that, unnoticed by the equity judges and academics over the centuries, actions subsequently regretted by trustees have a quality of reversibility. It appears that Doctor Equity can administer a magical morning after pill to trustees suffering from post-transaction remorse, but not to anyone else.[1] The Trustee Amendment Act 2014 (the “Act”) (35 KB PDF) […]
Corporate Landholding in Bermuda
On 27 March 2014 the Government enacted the Companies Amendment Act 2014 (the “Amendment Act”) (58 KB PDF) introducing new provisions to the Companies Act 1981 with regards to the ability of local and exempt companies to acquire land in Bermuda. An accompanying corporate landholding policy (the “Policy”) was issued to run alongside the Amendment Act to […]
MJM Limited Presents to Hamilton Rotary Club Members
On June 10 2014, MJM Limited presented to the Hamilton Rotary Club Members on debt collection, recovery and the enforcement of judgment process in Bermuda. Presenting to approximately 25 members, Litigation Associate Kimberley D. Caines explained the process of debt recovery in the Magistrate’s Court and the Supreme Court of Bermuda. Guiding the attendees through […]
Genetic Material — a Legacy Worth Protecting
In vitro fertilization and cryo-preservation of eggs, sperm and excess embryos, has become a routine procedure in much of the world. Bermuda does not have a sperm bank or a storage facility for embryos. Nor does Bermuda have an IVF clinic. But there are many Bermudians who travel overseas for fertility treatment and, in their […]
Bermudian Status for PRC Holders
The Supreme Court of Bermuda handed down its judgment in the matter of The Minister for Home Affairs v Carne and Correia [2014] SC (Bda) 9 Civ (2 May 2014) (510 KB PDF) on 2 May 2014. The fundamental result of this judgment is that under certain circumstances, holders of Permanent Resident Certificates (“PRC”) who have been […]
MJM Limited ranked in Chambers Global 2014
MJM Limited is pleased to announce that it has been highly ranked by Chambers & Partners in the Chambers Global Rankings 2014 for Bermuda. Chambers praised MJM’s Dispute Resolution team as “Highly rated by clients for its personal and practical approach. A preferred firm for referral work, with extensive experience before all levels of court, […]
Change of Direction in Child Law?
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 […]
New Corporate Governance Requirements for Trustees, Investment Providers and Fund Administrators
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”): Trusts (Regulation of Trust Business) Amendment Order 2014 (50 KB PDF); Investment Business Amendment Order 2014 (50 KB PDF); and Investment […]
Incentives for Job Makers
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 […]
The Supreme Court decision in Marley v Rawlings [2014] UKSC 2 offers a new commercial approach to the rectification of wills
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 […]