Within the past two decades, it is to be noted that the global tax policy has been continually evolving. Current global standards seek to mandate that international business structures are engaged not only in legitimate business activity in the jurisdiction of incorporation but that the business activity being undertaken is consistent with and reasonably aligned to the revenue reported.
This, therefore, creates an opportunity for outsourcing some business activity by the parent company to the new entity which could not only reduce operating costs but also legitimately enhance the parent company’s overall tax efficiencies.
As legal and corporate service providers, our role goes beyond merely ensuring that an “off-the-shelf” solution is created. At Court Caribbean Law Practice, we strive to establish and nurture a relationship that is long-term in nature, and provide the appropriate guidance to the entity, from incorporation and early-stage setup through to its various developmental stages.
Against this background, we strive at all times to ensure that:
- The proposed international business entity is legitimately structured and buttressed by sound int’l. tax advice.
- There is a demonstrable business activity in the jurisdiction of incorporation.
- The business activity and governance infrastructure are clearly defined and appropriately executed, and
- Most importantly, the documentation is capable of withstanding all applicable audit, compliance and regulatory requirements in the future.
Estates And Probates
The complexities of modern life, coupled with the inevitability of death often result in varying legal challenges that impact on the structure of family relations. At Court Caribbean Law Practice, we have acted for clients in a range of diverse personal circumstances.
Probate Law – Applications have been made to the Supreme Court for Grants, where the deceased died with and without having made a Will.
Trusts – Enabling trust legislation exists to facilitate the creation of domestic & international trusts. Consequently, a number of planning structures have been created to enable asset protection and creditor protection trusts as well as trusts to mitigate against forced heirship rules.
While the range of estate and trusts issues is innumerable and increasingly complex, we at Court Caribbean can craft appropriate legal solutions to your individual circumstances being mindful at all times of our obligations under the Anti-Money Laundering regulations.
- Wills – Drafting, interpretation and contesting wills
- Probates And Estates – Grants of Probate, Letters of Administration & Letters of Administration De Bonis Non
- Resealing Foreign Grants
- Estates – Administration and Settlement of estates
- International and Domestic Trusts – Purpose trusts, APT’s, CPT’s
Corporate And Commercial
We provide legal assistance in the following sectors:
- IBC’s, domestic & non-profit companies – Incorporation, maintenance, and dissolution of companies.
- JV’s & partnership relationships – Negotiation, due diligence, and contract documentation.
- General & commercial transactions
- Reinsurance Law – Life Reinsurance, retrocession, and XL agreements.
- Aviation Law – Registration and leasing of aircraft, and related mortgage security financing.
Employment Law – Collective agreements, employment contract negotiations, general employment law, and wrongful dismissal.
- Banking Law – Regulatory compliance, AML, application and licensing of domestic and Class III Banks (formerly Int’l. banks) and Part III institutions, mortgage security documentation and debt recovery.
Corporate Secretarial Practice
Executing all corporate secretarial functions on behalf of a portfolio of companies including RDC’s, Public companies, IBC’s, EIC’s & Int’l. insur. companies:
- Corporate secretarial – Incorporation, amalgamation, organization, registration, continuation, licensing & dissolution of all companies.
- Regulatory filings – Interfacing with, facilitating periodic statutory reporting and filing appeals to financial services regulatory authorities including the CBB, FSC, BSE and IBU on behalf of applicable licensees.
- Meeting management – Preparation, attendance and coordination of quarterly, annual and other Board, sub-Committee and Shareholder meetings including minute taking and meeting management to Meeting Chairmen and Board members.
- CG Training – Provide CG training to directors of regional FI’s on behalf of a regional multilateral FI.
- Advisory – Rendering advice on general corporate law, practice and procedure and CG best practice and procedure.
- Agreements – Drafting, amending and advising on Company by-laws, shareholder, amalgamation and other corporate agreements.
- AML – Rendering advice on AML policies and procedures.
Conveyancing and Mortgages
Over the past two decades, we have acted for clients in varying types of property transactions. These include but are not limited to the following:
(i) Individuals – Single parcels of land or dwellings valued under $100,000.00.
(ii) Small Developers – Companies seeking to purchase land or property for further development, planning and resale.
(iii) High-end Developers – Large scale, high-end developments (both beach front and inland) involving multiple planning permissions with transactions valued in excess of US$2.5M per unit.
(vi) Dispute Resolution – Occasionally, we have also been instructed to resolve disputes by way of mediation or court proceedings.
(v) Land Title Proceedings (“LTP”) Applications – LTP applications are required where there is a defective title or no title deeds exist for parcel of land.
In this regard, we have acted for Vendors, Purchasers, Credit Unions and other financial institutions.
The renewable energy (“RE”) industry in Barbados & the Caribbean is in its nascent stages. The high cost of electricity, the extensive natural resources of sun, water and wind coupled with the volatile nature of oil prices worldwide has created a prime opportunity for investment in the green economy. The Gov’t. of Barbados has put in place a suite of fiscal incentives to engender the development of the RE industry. At Court Caribbean Law Practice, we have partnered with int’l. law firms in Canada and the U.K. that have developed specialized expertise in the RE industry locally and internationally. Consequently, we are well placed not only to advise on legal and regulatory issues affecting the green economy but we are also called upon to introduce int’l. investors to local and regional developers that are interested in partnering on green projects.
- Industry representation – Acted as secretary to Barbados Renewable Energy Association (“BREA”). BREA is the local industry body that represents the varying interests of the RE sector including investors, financiers, developers and service providers.
- Solar farms – Acted for developers in relation to leasing a solar farm in excess of 20 years.
- Solar lighting – Acted for a Canadian investor in relation to a solar lighting project in Barbados and the E. Caribbean.