Resources

Strategic Through Knowledge

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Taking Charge of Data Subject’s Rights

Every day, we share personal data—when we open bank accounts, shop online, visit the doctor, conduct business or use social media. Names, phone numbers, email addresses, photos, and even location data are constantly being collected and stored. Jamaica’s Data Protection Act (DPA) was introduced to ensure that those who collect this information have the obligation […]

Lay-Off: What happens at Day 120?

In the aftermath of Hurricane Melissa, many Jamaicans now face prolonged lay-offs as businesses struggle to rebuild. Many workers and employers misunderstand the law governing lay-offs. They assume that once 120 days pass, the employment relationship must automatically end and redundancy pay must follow as of right. That belief is wrong and a misunderstanding that can cost both […]

Perfecting Security Agreements in Jamaica: The Key Step Many Businesses Overlook

In Jamaica’s commercial landscape credit, financing, and investment, drive business growth, and the creation of security interests is a routine part of doing business. Yet, the true value of a security interest lies not in the agreement itself, but in its perfection. In practice, the difference between a perfected and unperfected security interest can determine […]

Fortune, Frustration, and Force Majeure: A Hurricane’s Effect on Contracts

By now, all Jamaicans are acutely aware – and in no danger of forgetting – what the term ‘Category 5’ truly means. The devastation which hurricane Melissa wrought, has made ineluctably clear, the urgent need to embed hurricane resilience into every aspect of Caribbean life, including the way we do business. Companies generally rely on […]

A Policy That Buys Time: Business Interruption Insurance After a Catastrophe

The aftermath of a major storm like Hurricane Melissa is dominated by visible repairs: roofs need replacing, roads need clearing, slowly we rebuild the things in our lives. This is often the work of property insurance. However, for businesses the greatest loss is often not the one we see, but an invisible loss of revenue […]

Establishing a Charity

Charities play a vital role in society through their efforts to promote the public good. Many individuals establish charitable organisations to access tax exemptions such as relief from General Consumption Tax (GCT), transfer tax, income tax, and customs duties, thereby maximising the impact of donations received. To qualify, an organization must be registered under the […]

What Corporate Structure Is Right for You?

Starting a business in Jamaica is an exciting venture but before you can hit the ground running, you must make one of the most important legal decisions for your business: choosing the right corporate structure. There are many options available, ranging from sole proprietorships and partnerships to limited liability companies. Each structure carries its own […]

Safeguarding your Brand through Copyright

Intangible assets can help build your business and provide it with an additional source of income if you protect and enforce your rights. In an earlier article, I wrote about one form of intellectual property, namely, trade marks, but we now shift focus to Copyright.   The Copyright Act (the “Act”) is the primary source […]

When Equality Isn’t Fair: The Court of Appeal Restores Justice Under PROSA

They say marriage is a partnership, but does that mean a 50/50 split even when one partner did nothing? The Property (Rights of Spouses) Act, 2004 (PROSA), governs how property is divided between spouses. Spouse under the Act includes not just husband and wife, but also a “single woman who has cohabited with a single […]

Creating a Comprehensive Will, Securing Your Legacy

When it comes to estate planning, a well-drafted Will is a vital document. A comprehensive Will not only protects your assets but also provides peace of mind for your loved ones—ensuring your wishes are honored and your family is spared unnecessary emotional and financial burdens as well as conflict. A Will should do more than […]