HSM LAW
History and Culture Test for Permanent Residence in the Cayman Islands: Is it Fit for Purpose?
It is again the subject of much discourse in the press. HSM Partner Nick Joseph shares his thoughts on the matter. For many years persons seeking to obtain Permanent Residence in the Cayman Islands have taken a History and Culture Read more +
Groundbreaking Decision in Court of Appeal Regarding Cayman’s PR Points System
On 30 March 2023, The Court of Appeal declared that Section 37 (3) Immigration (Transition) Act (2022 Revision) is incompatible with the constitution namely Section 9 of the Bill of Rights, which provides rights to family life and/or private life Read more +
Senior Associate Promotions at HSM
The HSM Group is delighted to announce the promotion of two lawyers, Hilary Brooks and Alastair David, to the position of Senior Associate within its Cayman Islands law firm. Hilary specialises in employment and private client law. Hilary has exclusively practiced Read more +
Cayman’s Demographic Growth, Shifts and Opportunities
As at 16 January 2023, 34,067 foreign nationals are recorded by the Department of WORC as having a work permit (or Government contract) in the Cayman Islands. HSM Partner, Nick Joseph, has reviewed this data and notes that this number 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.
