The Bahamian Government has ordered the mandatory closure of all non-essential businesses and a national stay-at-home order will take effect from August 5, 2020. In accordance with the Emergency Powers (COVID-19 Pandemic) (Lockdown Order) 2020, our physical office in Nassau will be temporarily closed until further notice. During the office closure, we will continue to work remotely and we will be available to assist with your legal needs as usual.
The Bahamian Government has implemented several emergency orders in response to COVID-19 and we wish to highlight the key legal developments. We will continue to provide updates on any further legal developments.
WHAT YOU SHOULD KNOW
Exempt Businesses and Undertakings
The Bahamian Government has gradually expanded the list of exempt businesses and undertakings which are authorized to operate during the state of emergency. For your reference, we have provided the links below to the approved list of exempt businesses and undertakings.
Suspension of Transition Period under Register of Beneficial Ownership Act
Suspension of the period of transition to meet the requirements under the Register of Beneficial Ownership Act from 17th March, 2020 for the duration of the state of emergency and for 60 days thereafter.
Suspension of government fees/filings
Suspension of the obligation to pay any government fee, file a document with any government entity or renew a license, visa or permit from 17th March, 2020 for the duration of the state of emergency and for 30 days thereafter.
Suspension of fees/filings under Companies Act/International Business Companies Act
Suspension of the obligation to pay any fee or file any document from 17th March, 2020 for the duration of the state of emergency and for 14 days thereafter.
Suspension of limitation periods
Suspension of limitation periods under the Limitation Act from 17th March, 2020 for the duration of the state of emergency and for 30 days thereafter.
Suspension of insurance premiums
Suspension of the obligation to pay any insurance premium under any health, medical and life insurance policy from 17th March, 2020 for the duration of the state of emergency and for 60 days thereafter.
Penalties for non-compliance
Any person, company or organization who contravenes any emergency order will be liable to a fine of up to $10,000 and/or a term of imprisonment of up to 18 months.
USEFUL LINKS
For your reference, we have provided the links below to the key emergency orders and regulations implemented by the Bahamian Government.
- Principal Order: Emergency-Powers (Covid-19) (No.2) Order, 2020
- Regulations: Emergency Powers (Covid-19) Regulations,2020
- Amendment No. 2 of Principal Order: Emergency Powers (COVID-19) (No. 2) (Amendment) Order 2020
- Amendment No. 3 of Principal Order: Emergency Powers (COVID19) (No. 3) (Amendment) Order, 2020
- Special Provisions Order: Emergency Powers (COVID-19) (Special Provisions) Order, 2020
- Exempted Businesses and Undertakings (No. 1) (20th March 2020)
- Exempted Businesses and Undertakings (No. 2) (20th March 2020)
- Exempted Business and Undertakings (no number) (25th March 2020)
- Exempted Businesses and Undertakings (No. 3) (27th March 2020
- Exempted Businesses and Undertakings (No. 4) (30th March 2020)
- Exempted Businesses and Undertakings (No. 5) (30th March 2020)
- Securities Commission Guidance to Registrants and Licensees (1st April 2020): Exemption To Emergency Order (3)(1)
- Amended and Consolidated Exempted Businesses and Undertakings Covid-19 Resolution (6th April 2020)
- Emergency Powers (COVID-19) (No. 4) Order 2020 (29th May 2020)
- FAQs: To view FAQs on the Bahamian Government's website, please refer to the following link: COVID-19 FAQs
- 2020/2021 Budget Communication: https://www.bahamas.gov.bs/wps/wcm/connect/09671b37-4aed-4601-87bd-5fd970e7aeb3/2020-21+Budget+Communication+-+Final+%281%29-compressed.pdf?MOD=AJPERES
- Emergency Powers (COVID-19 Pandemic) (Lockdown Order) 2020 (4th August 2020)
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
