In The Bahamas, the Employment Act and Minimum Wages Act explain how and when employers must pay employees their wages for hours worked. Bahamian law establishes a minimum wage and overtime wages for workers. The minimum wage in The Bahamas is $5.25 per hour. All employers must pay their employe...
Blog Posts
How to Protect Your Business from Litigation
Although no business is truly judgment proof, you can take steps to protect your business from litigation. Staying out of court involves balancing risk. There will always be some risk of having a lawsuit filed against the business, but you can take practical and legal steps to mitigate your risk....
Dividing Property in a Divorce
When a married couple divorces, they need to consider how to divide their marital property. The court will make the ultimate decision about dividing property, but the couple or their attorneys can discuss an amicable way to accomplish the division. It can be the most emotionally difficult part of...
Can My Employees Form a Trade Union?
The Bahamas recognizes trade unions for employees. To form a trade union, employees or union officials must register the union with the Department of Labour. Trade unions must meet various requirements for operation, but employees who join a union do attain certain highly beneficial rights. Trad...
Is It Too Late to Engage in Mediation?
While many people resolve their legal disputes through early mediation, often settlement discussions happen very late in the progress of a court case. Sometimes the parties have not considered settlement until right before trial because they have many disputes about the facts of the case or the d...
We Want to Adopt a Child. Where Do We Start?
If you would like to adopt a child in The Bahamas, you have an exciting but potentially difficult road ahead. First, you should determine whether you are eligible under Bahamian law to adopt. Second, you will need to follow all steps of the adoption process. Eligibility The Adoption of Children...
When and Why to Form a Trust
There are many reasons to form a trust. A trust is a legal device that requires a settlor, the person creating the trust, to transfer assets to another person who acts as the trustee. The trustee has legal ownership but holds the assets for the benefit of beneficiaries. The beneficiaries may rece...
Unfair Dismissal from Employment in The Bahamas
In The Bahamas, every employee has the right not to be unfairly dismissed from employment. Bahamian law contains specific descriptions of possible reasons for dismissal that are unfair. Employees who feel that they have been dismissed unfairly should contact an attorney to discuss their rights. ...
Battles over Jurisdiction in International Insolvency Proceedings
When battles over jurisdiction arise in international insolvency proceedings, which country's laws will take priority? Two recent insolvency cases begun under similar circumstances led to two very different results. In the first, the Baha Mar group of companies filed for Chapter 11 bankruptcy pr...
How Do I Seek Sole Custody of My Bahamian Minor Child?
You can seek sole custody of your Bahamian child. It can be difficult, however, to convince a court that the other parent should not have some access to the child. In general, Bahamian law permits both parents to a child born in wedlock to have a right of access to their child and considers both...
Directors’ Liability for Wrongful Trading in The Bahamas
Directors may become liable for wrongful trading if they engaged in fraudulent trading or trading while the company is insolvent. One defense to a charge of wrongful trading is that the directors took “every step” to minimize losses to creditors or contributories of the company. In a recent case ...
Taking Leave from Work: How Much and How Often?
Planning to take leave from work? Know your rights and be informed when you speak to your employer about your plans. Under Bahamian law, employees are entitled to various types of leave. See Employment Act. Sick Leave If you have been working for an employer for at least six months, you may tak...
Force Majeure Clauses in Contracts
To account for emergencies that prevent performance, many contracts include force majeure clauses. When the parties to a contract do not perform their obligations under the contract, they could breach or violate the terms of the contract. A problem arises when an emergency or catastrophe prevents...
What Are Floating and Fixed Charges?
Charges are a type of security interest frequently used by businesses that have changing inventory and need funding. In common with other security interests such as mortgages and liens, charges allow a business to obtain credit while using the items pledged as security in the business. A security...
Getting Divorced in The Bahamas: The Basics
If you are considering whether to file for divorce in The Bahamas, learn the basics about the divorce process first. Separating and ending a marriage can be extremely painful for the whole family. Going through an unfamiliar court proceeding could make it worse, unless you know what to expect. I...
Help! My Business Has Been Sued
When your business has been sued, you may not know what to do. This article summarizes the basic first steps you should take. Note that there is no substitute for seeking competent legal advice from a qualified attorney. Don't Delay There is a very short timeline to respond to a lawsuit aft...
Which Licenses and Approvals Do I Need to Launch My Investment Project?
Starting an investment project in The Bahamas? Figure out which licenses and approvals you need so that you can include the time and steps to obtain them in your business plan. Depending on what type of investment project you are planning, you may need different types of approvals. For instance,...
Background on Tax Information Exchange Agreements
Tax Information Exchange Agreements establish a means for countries to exchange information concerning taxes with each other. The agreements are treaties jointly negotiated and signed by two countries. The Bahamas has entered into a number of tax information exchange agreements, or TIEAs, with ot...
What Is a Bahamian Foundation?
Individuals seeking an alternative to trusts for wealth management and estate planning purposes turn to foundations. A foundation in The Bahamas is a little bit like a trust and a little bit like a company, but foundations have different advantages that make them attractive to high-net-worth indi...
What Is a Bahamian Exempted Limited Partnership?
Bahamian law permits the formation of exempted limited partnerships, which are a type of limited liability company. The Exempted Limited Partnership Act, 1995 sets forth the law on formation and operation of exempted limited partnerships, or ELPs. Exempted limited partnerships must have at least...
What Is a Bahamian Limited Liability Company?
In The Bahamas, many business owners choose to form limited liability companies instead of another type of business entity. Limited liability companies have several advantages that make this type of entity popular. First, as the name indicates limited liability companies provide some protection ...
Cross-Border Recognition for Liquidation Proceedings
Companies that hold assets in several different countries and that are beginning liquidation proceedings should investigate cross-border recognition for the liquidation. Different countries have different laws concerning companies that go out of business. Not every country will cooperate with a l...
Finding an Estate Planning Attorney in The Bahamas
If you recently experienced a major life change or are thinking about the future, now is a great time to develop an estate plan by working with an estate planning attorney. This article explains the basics of finding an estate planning attorney and making an estate plan in The Bahamas, including:...
Does The Bahamas Have Anti-Trust Laws?
Companies considering The Bahamas as a business base may be attracted here because of the lack of anti-trust laws. The terms “anti-trust” or “antitrust” refer to specific laws or regulations enacted with the goal of protecting commerce from unfair business practices, monopolies, and other anti-co...
Securities Offerings: What You Need to Know
You have decided to “go public” and offer your company's shares on the open market. Companies that decide to make a securities offering may be seeking capital to finance expansion or may be transitioning away from individual or family ownership. Whatever your reason for going public, ensure that ...