Tag Archives: Halsbury Chambers

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WHAT IS COPYRIGHT ALL ABOUT?

You may be asking yourself “What is copyright all about?” Copyright is a property right which exists in certain specified works, such as, literary; artistic; choreographic; dramatic and musical works, sound recordings, motion pictures and other audiovisual works. Copyright in The Bahamas is governed by the Copyright Act 1998 and its amendments thereto and by the Rules thereunder. More…

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“Marital Immunity” – Is there such a thing as immunity in a marriage?

There has been much debate as to whether a husband can be guilty of raping his wife.

There are various schools of thought which seem to suggest yea and nay! What say you?

It has been a long common law principle that “a husband cannot be guilty of rape upon his lawful wife because of the marriage contract”. It is also said  that upon marriage the wife consents to her husband’s exercise of his marital rights. As such a wife’s consent can only be withdrawn in certain circumstances such as her death, or if the marriage was voided by an Act of Parliament, a Separation Order, a Decree Nisi, an undertaking, a deed of separation or a family protection order. More…

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STAMP DUTY AND ITS EFFECT ON TRANSACTIONS

Stamp Duty is a tax that is levied on certain documents and transactions inclusive of, inter alia, conveyances, mortgages, cheques, marriage licences, memorandum and articles of association and on the sale of shares/change in beneficial ownership in a company/business.

The rates of stamp duty vary as to the nature of the instrument or transaction. In The Bahamas, stamp taxes are administered by the Public Treasury, a department in the Ministry of Finance, in accordance with a series of Stamp Duty Acts. Certain exemptions are however afforded by the relevant legislation. More…

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THE IMPORTANCE OF A WILL

Due to what has been termed as “An Historic Surge in the Bahamian Economy” during the past twenty years, more and more Bahamians, residents and also non-residents of The Bahamas have enjoyed considerable acquisition of wealth with the result that much thought should be given to “protection of such acquisition” and bearing this fact in mind, the question which usually arises is who do I want to leave my assets to upon my death and how can I make sure that such person(s) will in fact receive my properties.

A person’s assets comprise the sum total of his real property and personal property. Real property is land and anything growing on, attached to or erected on it, excluding anything that may be severed without injury to the land. On the other hand, personal property is everything except real property. Property that can be seen, weighed, measured, felt or touched or is in anyway perceptible, e.g. furniture, fixtures and fittings, books, clothing, bank accounts, insurance policies, company shares, motor vehicles, boats, golf carts, heavy duty equipment, tools, etc.

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THE CONSUMER PROTECTION ACT – Know your rights and enforce them

Have you ever gone into the grocery store, picked up a product and it had no price on it? Well that grocery store is disobeying the law and penalties can arise. Did you know that in the absence of a stated warranty given by a retailer, an implied warranty of six months on parts and labour can be attached to the sale of all used goods and to the repair of all goods? The aforementioned protections, to name only a few, are afforded to the consumer in the Consumer Protection Act, 2006 (the “Act”). This Act is a hidden treasure with vast protections and far reaching consequences and yet its protections are undiscovered by many. It gives the unassuming public the right to demand quality service, to have full and frank disclosure of the price of goods and services, and also protects against false representations made by businesses.

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Top Ten Questions Answered on Bahamas-Based Investment Funds

1. Do the laws of The Bahamas require investment funds to be regulated?

A fund which satisfies the definition of an investment fund under the Investment Funds Act, 2003 (the “IFA”) shall not carry on or attempt to carry on business unless it licensed or registered under the IFA. A regulated investment fund is therefore one which is licensed or registered under the IFA.

2. Who is responsible for the regulation and administration of the IFA and of investment funds?

The Securities Commission of The Bahamas (the “Commission”) is responsible for regulating investment funds and for maintaining a general review of the operations of investment funds and parties related to investment funds in The Bahamas.

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UNFAIR DISMISSAL

Without question, it is more common to hear of Wrongful Dismissal, than Unfair Dismissal. Perhaps this is more due to ignoranceof the law, than anything else.

Notably, Sections 34 and 35 of the Employment Act makes provisionthus:

34. Every employee shall have the right not to be unfairly dismissed, as providedin sections 35 to 40, by his employer.

35. Subject to sections 36 to 40, for the purposes of this Part, the question whether the dismissal of the employee was fair or unfair shall be determinedin accordance with the substantial merits of the case.

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Halsbury Chambers Bulletin – Employment Law

So you’ve lost your job… What next?

Seek counseling. Talk it out! Don’tincubate. You have been cut loseand naturally, it hurts. You probablyhave a million things swirlingin your mind. Right now, all thatyou can think about are all thoseyears and tears that you sacrificedat the altar of employment only tobe cut loose at the whim of someoneelse’s discretion! This may be adifficult proposition, but do not takedramatic or hasty action. Talk tosomeone you trust; maybe a pastor, a parent, a close friend, arepresentative from Social Services or other Counselor. In fact,many companies have an Employee Assistance Program designedto assist recently terminated employees with coming togrips to life’s challenges. There is even DIAL A PRAYER!The important thing is just to find someone to talk to.

To see the full Bulletin, please click the following link, HC’s Bulletin- Employment 101 – June 2011 for the PDF.

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