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An Employer's Guide in Face of the COVID-19 Pandemic
Pellerano & Herrera, March 2020

On March 11, 2020, the World Health Organization (WHO) declared Covid-19 as a Pandemic, which implies that it not only represents a problem for the countries affected by the epidemic, but that all the countries that make up the WHO must start applying preventive and responsive measures in case of increase in cases of this virus. Dominican Republic is no exception...

Anguilla - A Financially Stable, Discreet Jurisdiction for Foreign/Offshore Investment
Webster, February 2018

With the Paradise papers leak in 2017 and the infamous Panama papers leak the year before, it has become increasingly more important to choose the right destination for offshore investment. It will require careful consideration, planning and skilful professional advice. It will also no doubt require a jurisdiction with a politically and economically stable environment, sound legislation, low tax (or zero tax), a solid banking framework and a discreet environment...

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...

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...

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...

Benefits of a BVI Trademark: Classification of Goods and Services in Protecting Particular Brands in the British Virgin Islands
O'Neal Webster, January 2020

As we enter into a new decade, we cannot over emphasize the importance of protecting your brands. In this digital age, trademarks are becoming more vulnerable to infringement. Mass production and counterfeit products are swamping the market...

British Virgin Islands' New Limited Partnership Act Offers Significant Changes
O'Neal Webster, February 2018

Best-known for its stunning natural beauty—jewel-colored waters, soft sandy beaches, and lush mountain ridges—the British Virgin Islands also excels among her peers in the international financial services industry. Notably, the Territory is relentless in its pursuit of refining and advancing its financial services legal structures and complying with worldwide regulatory regimes...

Business Opportunities Abound Under Dominican-Central America-US Free Trade Agreement
Pellerano & Herrera, August 2014

Almost exactly a decade ago, on August 5, 2004, the United States signed the Dominican Republic-Central America-United States Free Trade Agreement ("DR-CAFTA") with the Dominican Republic and five Central American counties (Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua)>  The DR-CAFTA, which was the very first free trade agreement between the United States and a group of smaller developing economies, entered into force for the United State, El Salvador, Guatemala, Honduras,

BVI- Best Domicile for Start Up Funds
O'Neal Webster, November 2012

If you a trader, financial analyst or other financial technocrat and are thinking of setting up a fund, then the British Virgins Islands is probably your best bet. In today’s financial environment, investor capital for a start up fund can be hard to come by...

BVI Takes Lead in Establishing Simple, Transparent, and Inexpensive Incorporation for Microbusinesses Around the World
O'Neal Webster, April 2018

Microbusinesses are a growing, vibrant, and profitable economic segment throughout the world. Such enterprises provide flexibility for individuals to operate on their terms, according to their skills and passions. Microbusinesses generally are defined by modest annual sales and asset values and fewer than five to ten employees, including the owner, but varies by jurisdiction...

BVI Trade Mark Act, 2013
O'Neal Webster, November 2015

Known worldwide for its robust shipping registry, trusts, funds, and corporate law sectors, the British Virgin Islands is emerging as a globally competitive jurisdiction for registering and protecting intellectual property, thanks to the enactment of the highly anticipated Trade Mark Act, 2013. The Act, which clarifies, protects, and streamlines the trademark processes, institutes beneficial legal proceedings and conditions for the welfare of intellectual and industrial properties in the BVI...

BVI: Economic Substance Legislation
Morgan & Morgan, April 2019

The British Virgin Islands (BVI) has passed legislation requiring certain legal entities carrying on relevant activities to demonstrate adequate economic substance in the BVI. The owners of any company or limited partnership registered or incorporated in the BVI should be aware of this legislation and consider how they may be affected. The Economic Substance (Companies and Limited Partnerships) Act, 2018 (the Act) came into force on January 1st, 2019...

Changes to TCI Immigration Law to be Implemented
Misick and Stanbrook, October 2013

On 1st November 2013, an amendment of the Immigration Regulations is to come into force which mainly impacts on the cost of working and residing in the TCI. It is important for individuals as well as businesses to be aware of the changes which will be brought in by virtue of the Immigration (Amendment No. 2) Regulation 2013. The changes include:Applications for the renewal of work permits to be filed at least 30 days before the expiration of the permit...

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: Barbados Regulatory Update
Clarke Gittens Farmer, April 2020

In December 2019, health officials in Wuhan, China informed the World Health Organization ("WHO") of a strain of "pneumonia" affecting members of its population.1 This "pneumonia" was later identified as a severe acute respiratory syndrome coronavirus 2 ("COVID-19"). On March 11, 2020, the WHO declared COVID-19 a pandemic...

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...

Data Protection in TCI
Misick and Stanbrook, September 2014

Aside from a passing reference to data protection in the Electronic Transactions Ordinance (see below), TCI has no data protection statute.  However, a number of other areas of local law are applicable or, in the context of the advice sought, ought to be considered in relation to data protection, confidentiality and privacy matters.  In that respect:- a. Data protection, privacy and confidentiality at common law TCI is a British Overseas Territory and is a common law jurisdiction...

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)...

Dominican Republic Law Provides Significant Incentives to Film Industry
Pellerano & Herrera, July 2012

The film industry in the Dominican Republic has substantially expanded in large measure because the country has different and diverse natural scenery, from beaches to mountains, and buildings that were constructed in colonial times as well as more recently. Costs to film and produce movies are lower in the Dominican Republic than in many other places, too...

Dominican Republic's Investment Climate Heats Up For U.S. Companies
Pellerano & Herrera, February 2011

Located on an island in the Caribbean, the Dominican Republic is a growing destination for U.S. businesses seeking to establish or expand overseas operations. An economically and politically stable country organized as a representative democratic government, it is the Caribbean's largest democratic country. The Dominican Republic had an inflation rate during the past year of only 4...

Eastern Caribbean Supreme Court Adopts Measures to Ensure Continuity in Response to COVID-19 Impact
O'Neal Webster, March 2020

O’Neal Webster hopes that you, your family, your co-workers, and communities are staying healthy and positive during these challenging times. With the surge of the new coronavirus COVID-19 cases around the globe, and now in the Caribbean, all major stakeholders in the British Virgin Islands have taken measures to ensure an efficient and effective transition of business and human resources. We are confident that we will get through this challenge by helping and supporting each other...

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...

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...

Establishing a TCI Legal Entity
Misick and Stanbrook, February 2013

There are several TCI legal entities regularly established for carrying out business either internationally or domestically. The registration process of these entities is comparatively straightforward and can usually be completed for a fixed cost and within a short timeframe and are often attractive options in TCI as an offshore financial centre with no corporate or personal income tax...

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”)...

 

 

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