position: Consultant
Notification to Clients Regarding the Trust and Corporate Services Providers Act
The transition period under the Trust and Corporate Services Providers Act (“the Act”), which affects entities and firms offering trust and corporate services, came to an end on April 24, 2023. Pursuant to the Act, only persons who are licensed by the Financial Services Commission to provide these services or, being persons who formerly provided […]
New Regime for Communities with shared Ownership in Common Property
Legislation regulating communities with shared ownership of common property (“shared communities”) that do not fall within the ambit of a Strata has been on the horizon for some time now. Examples of such shared communities include townhouse developments, commercial developments and developments with semi-detached or detached units. The government has acknowledged the need for the […]
An Employer’s Right to Remain Silent on the Reason for Dismissal
Did you know that you can dismiss an employee in accordance with the terms of their employment agreement and still be liable for unjustifiable dismissal? Making the decision to terminate an employee’s contract is hardly ever a simple one. You’ve carefully read the contract and seen that you can terminate it without cause, simply by […]
HOW SAFE IS YOUR SECRET?
In a free and democratic society, public trust in the legal profession depends on clients feeling confident that what they tell their lawyers will not be revealed without their consent. Lawyers owe duties to honour and protect their clients’ rights to confidentiality and privilege, which form part of the clients’ constitutionally guaranteed right to privacy. […]
Enforcement of Equitable Charges over Land by Sale
An equitable charge is created when property is expressly or constructively made liable to the discharge of a debt or some other obligation. The ‘chargee’/creditor – the person who has the benefit of the charge – is entitled to realise his security by judicial process, including an order for sale of the land. An equitable […]
Copyright Owners in the Music Industry
In these trying times, music can still be described as one thing that, when it hits you, you feel no pain. What can be rather painful, however, is when after having exerted much effort to create a work in music, you are not recognized as the owner of your work, or you do not profit […]
Should I ask for a Transfer?
What is a transfer? To paraphrase the definition of section 2 of the Transfer Tax Act (the “Act”), A transfer means any transmission of legal or equitable interest in property from one person to another by way of sale, gift, exchange, grant assignment, surrender, release, or other disposal, and includes a transfer by or at […]
An Executor’s Guide
The Executor of an estate is the person named in the Last Will and Testament of the deceased entrusted to carry out the wishes of the deceased as specified in their will. The Executor of an estate is charged with the duty to faithfully administer the estate according to law and to act in the […]
The Importance of Contract Reviews
Winning or losing a court-contested battle could be entirely determined by the contractual arrangements you have with the other party to the dispute. It is therefore important for parties to assess the provisions of their contractual arrangements, not only at the time of entering into the contract but also during the currency of the contractual […]
From Hobby to an Established Company: The Benefits of Incorporation
Over the years, entrepreneurs have been taking full advantage of this entrepreneurial spirit by operating various small businesses, known as start- ups. This is to ensure they reap the benefit of having multiple streams of income. As a start-up begins to grow, you must consider whether to make the move to operate as an incorporated […]
