The HSM Group is thrilled to welcome Shelly Perryman-Pollard to their law firm. Shelly joins HSM Partners Kerrie Cox and Linda DaCosta in their family law practice and will help people navigate through divorce and separation, financial considerations, custody matters, Read more +
Data breaches have made recent headlines in the Cayman Islands and you may have wondered what they were all about, and why they matter. Their significance in Cayman’s legal landscape is briefly explained below by Cory Martinson (HSM Paralegal). The Read more +
The Coronavirus pandemic, and subsequent lockdowns, required timely amendments to many Cayman laws and regulations to enable the business community to continue to function. One such innovative change was the passing of the Notaries Public (Virtual Conduct of Notarial Acts) Read more +
HSM is proud to be recognised again as a Chamber Champion Advocate at the Cayman Islands Chamber of Commerce Annual General Meeting on 21 February 2022 at The Westin Resort. For the second year in a row, HSM’s recognition highlights Read more +
Cayman’s Virtual Notary Regulations Due To Expire 16 April 2022
The Coronavirus pandemic, and subsequent lockdowns, required timely amendments to many Cayman laws and regulations to enable the business community to continue to function. One such innovative change was the passing of the Notaries Public (Virtual Conduct of Notarial Acts) Regulations, 2020 which when combined with The Property (Miscellaneous Provisions) (Amendment Act), 2020 enabled persons to sign property related deeds or instruments remotely and removed the need for their physical presence before the notary.
HSM Property Partner Linda DaCosta explains that through video conferencing (Zoom, Teams etc.), lawyers in the Cayman Islands were for the first time permitted to meet virtually with clients to present passports and sign documents without compromising public health and safety. The amended law allowed unprecedented continuity and facilitated transactions effectively ensuring business generally and property transactions were still taking place during lockdown.
Unfortunately as of 13 April 2022, the Notaries Public (Virtual Conduct of Notarial Acts) Regulations, 2020 were stated to only be in effect for a period of 2 years and will expire on 16 April 2022. Whilst COVID related issues continue, it can only be hoped that the Regulations will be extended. Even in a post-COVID world the need for such a provision to assist the elderly and disabled is obvious. Further in a Green Cayman it cuts down on at least a few otherwise unnecessary car trips to the lawyer’s office.
There is still opportunity for further improvements. The amendments did not effectively allow for statutory documents to be executed remotely by a person located outside Cayman, we would like to see the scope extended to at least cover Caymanians overseas.
HSM stands ready to assist any clients with any appropriate notarial assistance and count five notaries amongst our team members. Notarial acts can be done either at our offices or remotely if the Regulations are extended. In cases of urgency or where clients are unable to attend our offices, we can also notarise documents at our client’s homes or at a hospital.
HSM hope that the Government will extend the Regulations and make the change a permanent one, embracing the electronic world we now live in.