In specific situations, directors may face personal liability in The Bahamas when their company is sued. While companies provide substantial protection for directors, there are some circumstances when directors must take financial responsibility. If you are a director of a Bahamian company or int...
Blog Posts
Limiting Personal Liability When Forming a Business in The Bahamas
When you form a business in The Bahamas, you should consider how to limit your personal liability in case of a legal claim. It is very risky to assume that you will never face personal financial consequences related to your business. Choosing a business entity that limits liability is a good way ...
Wrongful Dismissal for Disability: What You Need to Know
If you have a disability and work in The Bahamas, you have important employment rights that you need to understand. Being aware of your employer's duty to accommodate you could be the difference between working and being out of a job. If you are an employer, then you need to learn about the accom...
Operating Your Business Without Licenses? The Risks You Face
If you operate your business or company without required licenses, you could face many risks in the future. Among others, you risk government enforcement action, back tax liability, and lawsuits. An unlicensed business also hurts the other businesses in your area. Government Enforcement Action ...
How Is Mediation Different from Going to Court in The Bahamas?
If you are considering using mediation to resolve your dispute, you may wonder how it is different from going to court in The Bahamas. The differences are many, so you should be aware of what you gain and what you give up when you choose mediation. Private versus Public Forum A key difference b...
Trouble at Work? Bahamian Employment Laws May Protect You
Employees often face routine difficulties at work, but sometimes they deal with the kind of trouble that Bahamian employment laws address. If you are having issues at work and want to know if your employer's actions are legal, read on. Is It Legal for Your Employer to Treat You Differently? You...
How Long Can You Wait to Get a Lawyer? All About Statutes of Limitations
When you believe you have legal claims, it is vital that you do not wait too long to present them in court due to statutory limitation periods. Unfortunately, some people wait too long only to have their legal claims dismissed or denied because of their delay in finding a lawyer or going to court...
What Is a Business Succession Plan and How Do You Make One?
When you run your own business, you need a succession plan to help your business thrive even in your absence. Small business owners often invest everything into their companies, but they do not always plan for the future. Take the time to prepare. What Is a Business Succession Plan? A business ...
Will Making Investments Abroad Change Your Bahamian Estate Plan?
If you decide to make investments abroad, you should consider whether this strategy will change your Bahamian estate plan. Owning assets in more than one country can complicate your estate planning, so make an informed decision. Practical Difficulties First, realize that having assets in more t...
How to Become Adoptive or Foster Parents in The Bahamas
If you are interested in becoming adoptive or foster parents in The Bahamas, be prepared for completing the paperwork and meeting many requirements. Despite all the time and trouble, being an adoptive or foster parent can be very rewarding in the end. The Bahamian Department of Social Services e...
Reasons for Contesting a Will in Court
If your relative has passed away and you just learned what the will says, you may wonder if you have reasons for contesting the will in court. Sometimes, a will has problems that mean it should not be followed when distributing the deceased person's estate. Mere Dislike of Gifts Made in the Will...
Getting Started with Investment Funds in The Bahamas
If you are interested in establishing investment funds in The Bahamas, learn about the different types of funds and how they work. Whether you are an investor or someone who wants to establish an investment fund, there are many options that may fit your needs. Different Types of Investment Funds...
2018 Financial Transactions Reporting Regulations: What’s New?
The Financial Transactions Reporting Act, 2018 expands on Bahamian financial due diligence and enforcement laws that were already in place. Anyone involved in the banking, financial, or business sectors in The Bahamas should read up on how the new laws will affect them. The Act Replaces Old Law ...
What Will Happen to My Job When the Company Is Sold?
Employees facing a sale of the company where they work have an uncertain future. You may not know if you will still have a job at the new company, if you will be laid off, or if your pay and benefits will change. In The Bahamas, employees have certain rights if their company is being sold. Trans...
Anticipating a Lawsuit? What You Need to Know
If you anticipate that someone will file a claim or lawsuit against you in court, or if you plan to file suit yourself, there is some important information that you need to know first. Do Not Destroy Documents When a legal claim against you is expected, do not give in to the impulse to destroy ...
A Trust Beneficiary’s Rights When the Trustee Makes a Mistake
If you are the beneficiary of a trust and you believe the trustee has made a mistake, you may have questions about your rights in these circumstances. You may think that you have not received money to which you are entitled, or that the trustee is mishandling trust assets, or you may think that t...
Should We Have a Written Employment Contract?
When you start a new job in The Bahamas or when you hire a new employee for your business, it is recommended that you have a written employment contract. Written employment contracts protect employees and employers by setting forth the terms that both must follow during the employment relationshi...
Can an Arbitration Award Ever Be Overturned?
If you went to an arbitration proceeding and the arbitrator ruled against you, you may wonder if you can get the arbitration award overturned. There are a few specific circumstances when Bahamian courts will consider overturning arbitration awards. When an arbitrator makes an award at the end of...
Inspections and Audits of Banks Under Bahamian Law
Bahamian law provides for specific inspections and audits of banks located in The Bahamas. If you work in the banking industry, it is helpful to become familiar with the rules for inspections so you know what to expect. What Happens During a Bank Inspection? An inspection involves checking the ...
Receiverships in The Bahamas: What You Need to Know
When companies become insolvent in The Bahamas, the court may create receiverships to handle the companies' business as they are wound up. A receiver is one of several possible court appointees who could help manage a company during an insolvency proceeding. Companies become insolvent when they ...
Will an International Move Affect Your Estate Plan?
If you are considering an international move, you should consider whether it will affect your estate plan. Moving across borders is a major decision, and it can have a major impact on everything from your power of attorney to taxes. Estate, Probate, and Inheritance Laws Differ Among Countries C...
How to Prepare for Your First Court Appearance or Mediation
If you are appearing in court with your lawyer or going to mediation for the first time, you may not be sure what to expect. Depending on the nature of your case, attending court or a mediation could sound stressful or intimidating. With a little information, you can make your appearance less str...
Thinking about Getting a Divorce? The First Steps
If you are thinking about getting a divorce, now is the time to figure out your first steps. Some advance planning and legal advice can go far in making your divorce proceeding smoother and less contentious. Get a Lawyer Now Do not wait until after you tell your spouse that you want a divor...
Why Lawyers Use Expert Witnesses in Civil Lawsuits
For people new to filing civil lawsuits, the concept of expert witnesses could be completely unfamiliar. Your lawyer may tell you that you need to hire an expert witness to testify about a particular element of your case. Of course, you want to understand why you need this expert witness and why ...
Dismissal from Employment After an Injury on the Job
Employees unfortunately may face dismissal from employment after suffering injuries on the job in The Bahamas. If you have just lost your job, you may be dismayed, confused, and wondering about your rights. Under Bahamian law, you have the right not to be unfairly or wrongfully dismissed from yo...