Tag Archives: Halsbury Chambers

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Bahamas: Frequently Asked Questions: International Business Company

1. What is an International Business Company in The Bahamas?
An International Business Company is a Company which is tailored for the international business market. Such a Company is incorporated under the International Business Company Act 2000 of the Commonwealth of The Bahamas.

2. What is the purpose of an International Business Company?
An International Business Company can be used as an investment vehicle. It may own real  state, operate foreign currency bank accounts, own shares in another company or act as a director and or officer of another company. It may also be used in conjunction with a trust. More…

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Can a person be held liable for interfering with a subsisting contract?

The simple answer to this question is yes. A civil wrong can be committed if, without lawful justification, a person intentionally interferes with a contract between two other persons by persuading one of the persons to the contract to break the contract. A tort (a civil wrong) is also committed under this heading if a person (not a party to the contract) by some unlawful act directly or indirectly prevents a party to the contract from performing his duties under the contract. More…

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Rules of Intestacy in The Bahamas: Part II

As was previously stated, in 1925 sweeping changes were made in land law and in respect of the devolution of real property and distribution of personal property in the United Kingdom which included inter alia that the real property and personal property of an intestate would devolve and be distributed in the same manner and in essence these
changes provided for a more equitable distribution of the assets of a person who died  intestate. This was the U.K. law by virtue of their Inheritance Act, 1926. More…

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Proposed Amendments to The Employment Act

From the desk of the Managing Partner — A lot is being said about the proposed amendments to the Employment Act. For those who are a bit behind the eight ball, here is a brief synopsis of the major proposed changes:

Section 8 (1) (c) – Each employee to enjoy a paid meal period of not less than one hour;
Section 9 (1) (a) – There must be a minimum 12 hours off between each shift;
Section 9 (1) (b) – the days off must comprise 24 consecutive hours;
Section 10 (a) – Implementation of a fixed day off upon commencement of employment;
Section 10A – Holiday pay now to be paid to hourly paid employees for Public Holidays not worked

More…

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“THE PROTECTION OF PRE-]MARITAL ASSETS” – Pre-nuptial Agreements in The Bahamas

It has long been a recognized law in The Bahamas that nuptials whether anti or post are not considered binding in the Supreme Court of the Commonwealth of The Bahamas.

The Bahamian legislation which governs the principles to be applied in matrimonial proceedings are set out under the Matrimonial Causes Act which mirrors the English Matrimonial legislation in the United Kingdom (UK). It is from our mother land (UK) which the notion that prenuptial anti-nuptial or post-nuptial agreement providing for future separation are contrary to public policy and should be swept away because ”they undermine the concept of marriage as life long union.” For years this has been the approach in The Supreme Court of The Bahamas should parties enter into agreements seeking the Courts decision on issues regarding the distribution of marital assets the agreement would not be considered under the present authorities held in the UK. More…

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Bankruptcy in The Bahamas: A tool that cripples!

Did you know that if a person is owed more than $200.00 and the person against whom judgment is obtained refuses to satisfy this debt, that person can be declared bankrupt? The process by which this can be achieved is called bankruptcy proceedings. Bankruptcy as an enforcement measure is used only as a last resort after other means of enforcement have been exhausted mainly because of its draconian nature. Did you know that being adjudged a bankrupt can cripple a Judgment Debtor? A Judgment Debtor’s business life would be virtually at a standstill until the debtor is able to satisfy his/her indebtedness. This Article is a brief overview of the process involved in declaring a person bankrupt and the consequences that naturally follow. More…

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Two Bahamian Lawyers Achieve International Publishing Status

Two Bahamian attorneys, Petra Hanna- Weekes of Graham Thompson’s Freeport, Grand Bahama, office and B. Andrea Williams of the Nassau-based law firm of Halsbury Chambers , have achieved international recognition when a paper they co-authored was accepted for publication in the Oxford University Press.

Weekes and Williams’ paper on International Succession in The Bahamas, appeared in the Third Edition of the Oxford University Press, the largest university press serving the legal profession and legal education. The local practicing attorneys’ work was published together with submissions from 49 other jurisdictions. More…

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Patents in the Bahamas

In The Bahamas the most effective way of protecting an invention and the investment incurred in developing it is to obtain a Patent. Patent protection is afforded under
the Industrial Property Act 1965 (which came into force in December 1970) and its Rules/Regulations.

A Patent is a form of personal property that may be assigned. The grant of a Patent gives the Patentee a monopoly to work the invention to the exclusion of others for a limited period of time. An application for an invention may be made by the following persons:]

a. any person claiming to be the true and first inventor;
b. any person being the assignee of the person claiming to be the true and first inventor. More…

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Rules of Intestacy

As the Rules of Intestacy in The Bahamas forms an integral part of the devolution and distribution of the estate of a person who dies intestate, our focus on this area of the law will be presented in two parts.

PART I

Upon implementing Parliamentary Government in the then Colony of the Bahama Islands in the eighteenth century, such statutory laws of England as were necessary were extended to the Colony by The Declaratory Act, 1799. Thus the then existing English Wills, Inheritance and administration of estates legislation and land law became the statutory laws in the Bahamas and in cases where there were no statutory laws, the English decisions i.e. case law, were adopted as relevant authority. More…

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Abolish The Privy Council, Easier Said Than Done

We are only half way through the year 2012 and The Bahamas is on course to repeat or even supersede its record breaking murder rate set in 2011. This heart wrenching wave of
violence has touched the lives of every Bahamian in some way or the other. As of late many dinner table discussions and civic round table debates have been dominated by the idea of judicial reform; more precisely the question of whether or not The Bahamas should abandon the UK based Privy Council as its final Court of Appeal. More…

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