Following on from my article “A Word To The Wise… Director”, I have received several questions about a related and very important issue. These questions surround the duties and obligations of a Company Secretary. Many people accept the position of a Company Secretary not knowing what it entails. Some accept it, thinking it will be […]
When a person dies without leaving a Will, what happens next? It is important to dispel the misconception that anyone can claim a right to the deceased’s possessions based on being the first to assert such claim, or due to close kinship. In Jamaica, the law concerning intestacy is set out by the Intestates’ Estates […]
Transferring gifts and establishing joint ownership of assets by adding intended beneficiaries to property titles, while you’re still alive, are effective, and proactive estate planning tools. Why not give gifts while the appreciation for the gift can still be expressed? Through proactive estate planning, gifts may be given while alive or inter vivos, and by […]
Directors who are appointed to a company at incorporation, or at any other time duringthe life of the company, are appointed to oversee, and in some cases, manage theaffairs of the company. This does not mean, however, that directors have carte blancheauthority to enter into transactions and run the company in any way they feelappropriate.Too […]
As of April 25, 2023, the Trust and Corporate Services Providers Act (the Act) mandates that individuals and entities must be licensed to offer certain specified trust and corporate services. Only those who are licensed, or those who were already providing such services before April 25, 2022, and have applied to be licensed, can continue […]
There has been much said on the doctrine of Adverse Possession from the perspective of the person who is asserting or applying for adverse possession, and not necessarily from that of the registered proprietor or landowner. The landowners who have been at the receiving end of this doctrine, have always spoken to the “should-a, could-a, […]
If you plan to incorporate a company, have already incorporated a company, or wish to register a branch of an overseas company, in Jamaica, ready or not, there have been some changes you need to know about. In discussing these updates, we will look at changes to the Companies Act of Jamaica and look briefly […]
Addressing the matter of writing, and securing your Last Will & Testament can undoubtedly be an uncomfortable topic, but even more uncomfortable, is a contentious “dead leff” horror story. A well drafted Will can give you the peace of mind of knowing your affairs can be wrapped up as smoothly as possible, so you do […]
There has been an explosion in high rise apartment buildings and townhome complexes, not only in the corporate area, but throughout the country. The increased popularity of apartment living has also spawned an increase in disputes and issues associated with this type of communal living. Owners and potential buyers into these developments can look to […]
The Real Estate Case You Need to Know About In the recent decision of the Court of Appeal (“COA”), Caribbean Real Estate Investment Fund v Valrine King [2023] JMCA Civ 18, the COA had to review the Supreme Court judgment in favour of Mrs. King that a joint venture agreement (“JV Agreement”) between her and […]
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