Latest updates

New legislation aims to promote proper use of environment
Lennox Paton
  • Private Client & Offshore Services
  • Bahamas
  • 03 December 2020

In December 2019 Parliament passed a package of environmental bills geared towards developing, reinforcing and strengthening the laws which promote and support the management, protection, enhancement and proper use of the Bahamian environment. This article provides an overview of the Environmental Planning and Protection Act and the Environmental Impact Assessment Regulations.

Efforts to restore and boost air travel
HarleyJames
  • Aviation
  • Bahamas
  • 25 November 2020

Like the rest of the world, the Bahamian aviation sector continues to reel from the effects of the COVID-19 pandemic. Minister of Tourism and Aviation Dionisio D'Aguilar recently addressed the easing of restrictions on air travel to, from and within The Bahamas. A travel health visa, subject to certain exceptions (eg, children under 10 years of age and crew of commercial airlines), is still required by persons travelling into or within The Bahamas.

COVID-19: force majeure and contract frustration
Lennox Paton
  • Corporate & Commercial
  • Bahamas
  • 05 October 2020

The COVID-19 pandemic has disrupted commercial activity on a global scale, challenging contracting parties' ability to fulfil their legal obligations. Force majeure clauses and frustration principles may provide some relief to those which may otherwise incur liability because of non-performance. However, there does not appear to be any clear case law precedent for COVID-19, so it is uncertain whether the pandemic will be deemed a frustrating event by the courts.

COVID-19: force majeure and contract frustration
Lennox Paton
  • Private Client & Offshore Services
  • Bahamas
  • 01 October 2020

The COVID-19 pandemic has disrupted commercial activity on a global scale, challenging contracting parties' ability to fulfil their legal obligations. Force majeure clauses and frustration principles may provide some relief to those which may otherwise incur liability because of non-performance. However, there does not appear to be any clear case law precedent for COVID-19, so it is uncertain whether the pandemic will be deemed a frustrating event by the courts.

Second eclipse for aviation sector?
HarleyJames
  • Aviation
  • Bahamas
  • 02 September 2020

The overall effect of the COVID-19 crisis on the Bahamian aviation sector is unknown and may be for some time; however, there is no doubt that the short-term effects have been severe. Tourism and aviation in The Bahamas go hand in hand, with one affecting the other. The pandemic may provide an opportunity for the country's aviation industry, as there is increasing interest from private aircraft owners and those willing to spend a little more in order to avoid the constraints of scheduled commercial travel.

Guide to purchasing property in The Bahamas
Lennox Paton
  • Real Estate
  • Bahamas
  • 28 August 2020

A second home in The Bahamas has been a highly sought-after commodity for international buyers from time immemorial. The Bahamas is an archipelagic nation of 700 islands and cays, with each island providing its own charm and unique Bahamian culture. As the value of real property in the jurisdiction tends to hold or gradually appreciate over time, the purchase of real property remains a viable and attainable wealth-creating mechanism.

Guide to purchasing property in The Bahamas
Lennox Paton
  • Private Client & Offshore Services
  • Bahamas
  • 27 August 2020

A second home in The Bahamas has been a highly sought-after commodity for international buyers from time immemorial. The Bahamas is an archipelagic nation of 700 islands and cays, with each island providing its own charm and unique Bahamian culture. As the value of real property in the jurisdiction tends to hold or gradually appreciate over time, the purchase of real property remains a viable and attainable wealth-creating mechanism.

Tax consequences of transferring Bahamian real property held by a company for estate planning
Lennox Paton
  • Real Estate
  • Bahamas
  • 24 July 2020

Bahamian real property is commonly held by a company which is incorporated in The Bahamas or another jurisdiction whose shares may be held by an individual or their nominee. A 'beneficial owner' is any person who is beneficially interested in the real property, including a beneficiary under a trust. This article considers the tax consequences of transferring Bahamian real property held by a company for estate planning purposes.

Tax consequences of transferring Bahamian real property held by a company for estate planning purposes
Lennox Paton
  • Private Client & Offshore Services
  • Bahamas
  • 23 July 2020

Bahamian real property is commonly held by a company which is incorporated in The Bahamas or another jurisdiction whose shares may be held by an individual or their nominee. A 'beneficial owner' is any person who is beneficially interested in the real property, including a beneficiary under a trust. This article considers the tax consequences of transferring Bahamian real property held by a company for estate planning purposes.

COVID-19: summary of legislation enacted in relation to corporate regulations and businesses
Lennox Paton
  • Private Client & Offshore Services
  • Bahamas
  • 04 June 2020

In response to the COVID-19 pandemic, the governor general declared a public state of emergency and implemented the Emergency Powers (COVID-19) Regulations 2020. Pursuant to the regulations, the prime minister implemented the Emergency Powers (COVID-19) (2) Order 2020 and the Emergency Powers (COVID-19) (Special Provisions) Order 2020. This article provides a summary of the provisions contained in the orders.

Has COVID-19 affected real estate transactions?
Lennox Paton
  • Real Estate
  • Bahamas
  • 29 May 2020

Restrictions on both domestic and international travel, lockdowns and curfews have been imposed in The Bahamas to restrict movement in an attempt to reduce the spread of COVID-19. While law firms have had to close their physical doors to the general public, real estate and resort development attorneys have embraced new and efficient procedures for closing transactions.

Has COVID-19 affected real estate transactions?
Lennox Paton
  • Private Client & Offshore Services
  • Bahamas
  • 28 May 2020

Restrictions on both domestic and international travel, lockdowns and curfews have been imposed in The Bahamas to restrict movement in an attempt to reduce the spread of COVID-19. While law firms have had to close their physical doors to the general public, real estate and resort development attorneys have embraced new and efficient procedures for closing transactions.

What impact could COVID-19 have on leases?
Lennox Paton
  • Real Estate
  • Bahamas
  • 22 May 2020

The government recently announced an ambitious rental assistance programme to assist tenants who have been economically affected by COVID-19 and are unable to satisfy their contractual obligation to pay rent. However, many pundits have questioned the legality of rental assistance during a state of emergency.

What impact could COVID-19 have on leases?
Lennox Paton
  • Private Client & Offshore Services
  • Bahamas
  • 21 May 2020

The government recently announced an ambitious rental assistance programme to assist tenants who have been economically affected by COVID-19 and are unable to satisfy their contractual obligation to pay rent. However, many pundits have questioned the legality of rental assistance during a state of emergency.

At a glance: COVID-19 court protocols
Lennox Paton
  • Litigation
  • Bahamas
  • 19 May 2020

COVID-19 has forced society to embrace all things technological and forced individuals to adapt to working remotely. As it stands, court operations before the Magistrates Court and the Supreme Court are restricted to essential services until the first working day after the expiry of the Emergency Powers (COVID-19) (No 2) Order 2020, which may be extended by amendments. This article sets out what is permitted according to the judiciary's latest Mitigation Protocols concerning civil and commercial matters.

At a glance: COVID-19 court protocols
Lennox Paton
  • Private Client & Offshore Services
  • Bahamas
  • 14 May 2020

COVID-19 has forced society to embrace all things technological and forced individuals to adapt to working remotely. As it stands, court operations before the Magistrates Court and the Supreme Court are restricted to essential services until the first working day after the expiry of the Emergency Powers (COVID-19) (No 2) Order 2020, which may be extended by amendments. This article sets out what is permitted according to the judiciary's latest Mitigation Protocols concerning civil and commercial matters.

COVID-19: aviation industry in eclipse?
HarleyJames
  • Aviation
  • Bahamas
  • 22 April 2020

The COVID-19 pandemic has turned the global aviation industry on its head with operations slowly grinding to a complete halt. At present, no international or domestic flights are permitted to operate to, from or within The Bahamas with the exception of those authorised by The Bahamas Civil Aviation Authority to conduct cargo or emergency relief flights.

COVID-19: lay-offs, short time and redundancies – what you need to know
Lennox Paton
  • Employment & Immigration
  • Bahamas
  • 15 April 2020

In times of crisis such as the current COVID-19 pandemic, employers and employees alike need to be aware of their rights and obligations. Employers should ensure that lay-off or short-time actions are taken with due consideration and in accordance with the Employment Act. Employees should be prepared for the possibility of being laid off or put on short time and, understanding their options under the law, work with their employer to produce the best outcome for both parties.

COVID-19: lay-offs, short time and redundancies – what you need to know
Lennox Paton
  • Private Client & Offshore Services
  • Bahamas
  • 09 April 2020

In times of crisis such as the current COVID-19 pandemic, employers and employees alike need to be aware of their rights and obligations. Employers should ensure that lay-off or short-time actions are taken with due consideration and in accordance with the Employment Act. Employees should be prepared for the possibility of being laid off or put on short time and, understanding their options under the law, work with their employer to produce the best outcome for both parties.

OnDemand Aviation industry trends – The Bahamas
HarleyJames
  • Bahamas
  • 01 April 2020

Continued work on the creation of an aircraft registry, the ratification of the Cape Town Convention and preparation for the next International Civil Aviation Organisation audit scheduled for Spring 2021 are the main trends affecting the Bahamian aviation industry in 2020. This video discuss these developments as well as the potential impact of COVID-19.