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Bahamas Summary - Emergency Powers (COVID-19) (No. 2) Order 2020
Graham Thompson, May 2020

To contain the spread of COVID-19, the Office of the Prime Minister of The Bahamas (“the Competent Authority”) has extended the state of public emergency to the 31st May, 2020.  New regulations have been introduced to minimize spread of the virus while allowing for a phased re-opening of the economy. This update summarizes those measures to date...

Estate Planning Vehicles for Vulnerable Clients
Graham Thompson, May 2020

There is no statutory definition or guideline as to who ‘vulnerable clients’ are. As such, for our purposes, vulnerable clients can include (but are not limited to): The elderly (persons over the age of 65). Children (persons under the age of 18). Individuals who are incapacitated. Individuals at risk of physical harm (e.g. in domestic violence scenarios). Pregnant women. Individuals with mental or physical disabilities...

Enduring Power of Attorney - GT News & Insights
Graham Thompson, April 2020

The Enduring Power of Attorney[1](“EPOA”), is an essential estate planning tool available in The Bahamas that is often overlooked. In the latest Legal Update, GT News & Insights Volume 2, Issue 2, GrahamThompson Partner Theo Burrows and Pupil Attorney Alexandria Newton, discuss the“Enduring Power of Attorney”in a piece that provides comprehensive responses to some of the most frequently asked questions...

Employment Update on the Government's Stimulus Measures in Response to COVID-19
Graham Thompson, April 2020

On Monday, 30th March 2020, the Deputy Prime Minister and Minister of Finance, the Honourable K. Peter Turnquest addressed the House of Assembly to provide an overview of the expected economic fallout in The Bahamas from the Covid-19 pandemic along with some details as to the Government’s proposed stimulus measures to support citizens and businesses alike during this time of uncertainty...

Estate Planing: Wills
Graham Thompson, March 2020

There is no better time than the present to create and implement an estate plan. Having an estate plan means that you have a plan to protect your property and to effectively dispose of itupon your death. You do not want the law to decide who should get you rproperty in the event of your death but that is exactly what would happen if you do not have an estate plan and, in particular, if you die without a Will (dying “intestate”)...

Information Privacy and COVID-19
Graham Thompson, March 2020

In the wake of the COVID-19 outbreak, the business community is faced with unprecedented threats to their cyber-infrastructure and data. Sensitive data, in particular, will be vulnerable to security breaches as a result of reduced human power under emergency legislation. Moreover, criminal hackers will be looking to capitalize on such vulnerabilities at a time like this...

COVID-19 - Force Majeure Clauses VS. Contractual Obligations
Graham Thompson, March 2020

The impact of Covid-19 is becoming more prevalent throughout the economic landscape of The Bahamas. Most recently, in an effort to contain the spread of the virus, preventative measures involving the closure of non-essential local businesses for a specified duration were introduced by the Government in exercise of its emergency powers. This has had far-reaching effects in the employment sphere...

COVID-19: Potential Employment Related Issues
Graham Thompson, March 2020

In recent weeks, Governments around the world have been grappling with how best to combat the spread of the Coronavirus (COVID-19). The Bahamas is no exception. To date the Prime Minister has issued two Emergency Orders aimed at ensuring the health and safety of persons within The Bahamas...

Legal Requirements Under The Bahamas' Digital Assets and Registered Exchange (DARE) Bill, 2019
Graham Thompson, June 2019

General The Securities Commission of The Bahamas (“SCB’), the independent regulatory body responsible for digital assets and investor protection, has issued the draft Digital Assets and Registered Exchange Bill (“DARE Bill”) for industry consultation. The DARE Bill prescribes the legal requirements for issuance and sale of digital tokens, and the regulation of issuers and those conducting digital asset business in or from The Bahamas...

Investment Funds in The Bahamas
Graham Thompson, June 2019

Graham Thompson Partner Ryan Pinder authors a comprehensive review of Investment Funds in The Bahamas. Arranged in a Q&A stlyed format to address some of the queries and issues that frequently come up. The review is structured around the components: Fund Formation Fund Investment Regulatory Environment Fund Finance Tax Environment A...

Demanding a Culture of Compliance: Obligations on Land Developers Under the Financial Transactions Reporting Act (FTRA), 2018
Graham Thompson, May 2019

The Financial Transactions Reporting Act 2018 (FTRA), which was enacted on May 25, 2018, imposed a mandatory requirement on land developers to register with the Compliance Commission (the Commission)...

We Are the Champions: Resilience of Caribbean IFCs
Graham Thompson, May 2019

(Article is a transcription of a presentation given by L. Ryan Pinder, Parnter, Graham Thompson Attorneys)IntroductionGood morning and welcome to The Bahamas. I trust you will enjoy your stay in our beautiful country. Today I have been asked to speak on the resilience of Caribbean IFC’s, their ability to adapt and survive amidst the many global initiatives over the past two decades and to explore the multitude of ways in which Caribbean IFCs remain relevant and competitive in this era...

Bahamas Regulatory Initiatives Driven by Compliance and Innovation
Graham Thompson, September 2018

It is fair to say that we are in an era of unprecedented multilateralism and convergence in tax matters. The Bahamas has already committed to the implementation of the Common Reporting Standard, having already signed onto the Multilateral Competent Authority Agreement and published its list of exchange partners with automatic exchanges that commence in September 2018...

Reflections on the Reality and the Vision for Financial Services in The Bahamas
Graham Thompson, September 2018

My time is short, so let me get to my subject without delay.I begin with a few observations on the Reality we face.First, the bad news - not all of it, just some of it; just four things that I regard as being among the more worrisome realities that confront us today.Firstly, in terms of aggregate dollar volume, we are a much smaller industry now than we were just a few years ago...

Important Notes on Real Property Tax in The Bahamas and Rates for the 2019 Tax Year
Graham Thompson, August 2018

In the recent budget exercise completed by the Bahamas Government, certain significant changes to the regime for Real Property Tax in The Bahamas were announced and have received a great deal of focus.It is important to take specific advice regarding the annual real property taxes which may be payable in respect of your property, how and when taxes should be paid, and the exemptions (if any) which might be available to you in respect of your property...

Top Ten Things to Know About Real Property Tax in The Bahamas
Graham Thompson, August 2018

Register your property Online.Registering for an online real property tax account at propertytax.gov.bs is easy, and all that is needed is the property assessment and grid numbers (found on any bill or tax certificate). Once registered, the online account is a convenient way of keeping track of your account. Payment can also be made through the online account, and a tax certificate can be printed directly from the account.Pay the tax by 31st March and enjoy a 10% reduction...

The Bahamas' Place in a Cryptographic World: A Whitepaper
Graham Thompson, June 2018

Should The Bahamas be at the forefront of cryptocurrency regulatory policy by implementing smart, flexible regulation that encourages the legitimate operators in the sub-sector to bloom or should we leave well enough alone?The Bahamas’ position in the landscape of the cryptocurrencies is a familiar one to many in the traditional financial services economy - they’ll know this story all too well with the growth, development, and decline of private banking: a new and exciting innovation

Base Erosion Profit Sharing Initiative: Implications for The Bahamas
Graham Thompson, June 2018

Introduction I have been asked to speak on the Base Erosion Profit Sharing of the OECD, or better know as BEPS. This is a new acronym that, similar to CRS and the harmful tax initiative program, is geared at a multilateral approach to the application of uniform tax rules and standards. Unlike the CRS and the harmful tax practices initiatives of the past, BEPS has a focus not necessarily on the private client, but on the multinational commercial organization...

Timeshare Market Update
Graham Thompson, June 2011

Market Overview As the timeshare market continues to recover from the dramatic contraction of the tourism industry and overall decline in consumer discretionary spending, Western Reserve believes a “dose of equity” is needed to aid this recovery and recapitalize this highly leveraged industry Significant consolidation is expected among smaller private operators, which do not possess critical mass to pursue public equity and are too small



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