2014 Throne Speech: A brief summary of the Parliamentary Agenda
The Governor George Fergusson delivered the annual Throne Speech on November 7, laying out the Bermuda Government’s plans for the upcoming year. Economic recovery will continue to be the national priority, the Government announced. This speech marked the opening of a new parliamentary year, the third under the new One Bermuda Alliance Government and the […]
Meeting matters: The Chairman’s power of adjournment
The recent Bermuda case of Oung James v Paladin Ltd [2014] SC (Bda) 67 Com considered the procedural validity of an adjournment of a Special General Meeting (the “Meeting”) by the exercise of the Chairman’s general power to conduct the meeting.
2014 Proposed Amendments to Bermuda’s AML/ATF Legislation – Expansion of the Definition of Politically Exposed Persons
Changes in Bermuda’s Anti-Money Laundering and Terrorist Financing (“AML/ATF”) Legislation will be addressed in Parliament in order to bring the technical components into compliance with the 2012 Revised Financial Action Task Force (“FATF”) 40 recommendations (the “Recommendations”).
Protective Costs Orders considered for the first time in Bermuda Courts
The 2014 matter involving the Bermuda Environmental Sustainability Task Force (“BEST”) and the Minister of Home Affairs [2014] SC (Bda) 73 App (18 September 2014) raised interesting legal points as it relates to environment and planning law. The substantive matter is discussed in a further article by my colleague Jessica Kemmenoe in another post.
Companies Amendment Act 2014
The Companies Amendment Act 2014 introduced new provisions with regard to the ability of local and exempt companies to acquire land in Bermuda. It should be noted that consent is still required from the Minister of Economic Development in relation to corporate landholding; however, the Minister’s decision will be guided by the provisions of the […]
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 […]
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 […]
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 […]