Practice areas
Banking and Finance
For reasons stated above, Bermuda companies are found to be effective vehicles through which banking and finance transactions may be effected. Most commonly on behalf of overseas banks, we are instructed in all types of banking and finance transactions. Our roles include advice on credit agreements and security documents, drafting of such documents where they are to be governed by the laws of Bermuda, certifying compliance with conditions precedent, production of ancillary documents and opining on enforceability of banking documents and status of counterparties. We also have particular experience in structuring, documenting and advising in relation to derivatives and other financial products.
Capital Markets and Structured Finance
Securitisation and structured finance transactions are increasingly being used by businesses all over the world. Where Bermuda is chosen as the jurisdiction in which an SPV is incorporated to hold title to an asset or to act as a conduit for payment of receivables, we can advise on both the SPV and the wider transaction.
Corporate and Commercial
Given the stability and sophistication of the jurisdiction, Bermuda is an increasingly popular choice for the incorporation of offshore companies. We provide a full incorporate and corporate administration service for companies undertaking any type of business throughout the world.
Whether on behalf of companies we have incorporated or others doing business with Bermuda companies, our attorneys have considerable experience in a broad range of corporate and commercial transactions including mergers, company acquisitions, joint ventures and partnership, corporate financial, international IPO’s, property, financial services and securities, IT and telecommunications. TOP OF PAGE
E-Commerce
Bermuda was among the first countries to enact legislation enabling electronic transactions. The Electronic Transactions Act 1999 has created an environment in which e-commerce companies can thrive and prosper by providing for the legal recognition of electronic signatures and by removing any uncertainty in relation to conducting transactions electronically. We can provide advice on e-commerce issues - from structuring and financing of e-commerce companies and joint ventures to advising on a range of IT related contracts, such as service agreements and marketing, distribution and agency arrangements. TOP OF PAGE
Insolvency and Corporate Recovery
The Companies Act 1981 of Bermuda and regulations made thereunder provide a framework for the dissolution of companies and protection of creditors’ rights on insolvency. The attorneys in our corporate department have advised clients on their rights in insolvencies in relation to recovery and protection of assets. We work closely with the firm’s litigation department if recourse to court proceedings is necessary. TOP OF PAGE
Insurance
Bermuda has grown to become the third largest insurance centre after London and New York. Our practice is geared to offering a comprehensive service to clients engaged in the insurance industry. We are able to assist and advise clients seeking to establish in Bermuda an insurance company (whether captive or otherwise), brokerage or agency. As well as providing advice to clients on all aspects of insurance legislation and regulations prevailing in Bermuda, we advise on and review policy wording and language and the form and substance of insurance certificates and cover notes.
TOP OF PAGE
Intellectual Property
With the increase in importance over recent years of intellectual property to all types of business, Bermuda is recognised as an effective jurisdiction to protect such property. Rights in the form of trademarks, service marks, copyrights, patents and designs are protected under the laws of Bermuda. Our attorneys have experience in acting for our clients in both protecting and enforcing such rights. TOP OF PAGE
Leasehold Agreements
We deal mainly with commercial property although we will handle residential property for clients upon request. Leasehold agreements can, at times, be extremely cumbersome. We are in a position to take away the frustration in dealing with the legal issues that are necessary in such agreements.
TOP OF PAGE
Litigation Services
Wakefield Quin Limited is in a position to assist its international and local clients in the Bermuda courts or by way of arbitration by providing the personalized attention so vital in litigation. We are able to service all forms of commercial and civil litigation cases including, copyright, directors and officers, insurance and reinsurance and intellectual property issues. The service extends to all aspects of liquidation and insolvency work. TOP OF PAGE
Mutual Funds and Hedge Funds
Over the last few years, Bermuda has developed a regulatory scheme for collective investment schemes designed to give it a commercial advantage over its competing offshore jurisdictions. The incorporation procedure has been streamlined with the effect that a fund, meeting the requirements of the Investment Funds Act 2006 can generally be incorporated within a few business days. Our firm is widely recognised as having one of Bermuda’s leading mutual and hedge fund practices. We can advise on the structure, service providers and documentation for the establishment of a mutual or hedge fund and through our fund administration/listing sponsor company, Harbour Financial Services Limited, can provide ongoing fund administration services and can arrange the listing of the shares of a fund on the Bermuda Stock Exchange. TOP OF PAGE
Probate
Probate or the Grant of Probate is a very sensitive issue for most people. With the amount of formal documentation required, having legal representation that is totally devoted to the interest of a client is paramount. We have a great deal of experience in the administering of Wills. TOP OF PAGE
Real Estate
Being such a small island, Bermuda’s real estate is a scarce resource. It is therefore vital that correct and proper attention be given to all private and commercial property issues and transactions. Non-Bermudians are restricted to properties with in a specific financial value and/or pre-determined condominium developments. As this will also require permission from the Bermuda Government, Wakefield Quin Limited will provide the personal attention needed to make the transaction happen, quickly and efficiently.
TOP OF PAGE
Shipping and Aircraft
Numerous companies have been incorporated in Bermuda to own or operate commercial ships and aircraft. We are able to provide a wide range of advice on the registration of vessels in Bermuda, financing structures and agreements for the purchase, sale and/or operation of ships or aircraft.
TOP OF PAGE
Trusts and Financial Structures
Bermuda is a leading jurisdiction in which to establish and administer a trust. Whilst largely based upon English law, Bermuda has developed an effective legislative framework for Bermuda trusts. Trusts are most commonly utilized to achieve objectives such as asset protection, tax planning, as well as other business and commercial objectives. Our attorneys have experience of trusts in commercial structures such as insurance trusts, purpose trusts, pension and employee benefit trusts. Through Church Bay Trust Co. Ltd., a licensed Bermuda trust company owned and operated by our firm, we are able to provide trustee services and trust administration services.TOP OF PAGE
Partnerships
As a result of their tax transparency, partnerships are often chosen as the vehicle through which a commercial structure is established. Whilst partnerships are not subject to taxation in Bermuda, this transparency can ensure that taxes are levied at the partner level rather than the partnership level with the result that the taxation position of any one partner will not impact on the others. Limited partnerships are often chosen as a means through which to establish a collective investment scheme. TOP OF PAGE
|
