HSM LAW
HSM Recognised as a Chamber Champion for 2023 Sponsorship
HSM is proud to be recognised again as a Chamber Champion at the Cayman Islands Chamber of Commerce Annual General Meeting on 28 February 2024 at The Marriott Resort, Grand Cayman. For the fourth year in a row, HSM’s recognition Read more +
HSM’s 2023-24 Internship Programme Nearing Completion
The HSM Group is proud to continue its internship programme in partnership with the Cayman Islands Further Education Centre (CIFEC) by offering 13 placements for the 2023/24 academic year. As part of the CIFEC curriculum, the internship began in October Read more +
Chambers and Partners Features HSM Group in Global Legal Guide 2024
The HSM Group is pleased to be featured by Chambers & Partners in their 2024 Global Legal Guide. Our Intellectual property practice, HSM IP, has once again been ranked as a top tier law firm in their Global (Caribbean-Wide) Intellectual Read more +
Legal Challenges and Potential Conflicts in Serving Both Insurance Companies and Insured Parties
In the myriad varieties of insurance claims, attorneys can find themselves walking a tightrope when representing both insurance companies and insured parties concurrently. While this dual representation often provides a practical and cost-effective solution, it introduces challenges that require meticulous 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.