CORPORATE
COMMERCIAL
Practice Areas:
- Local and International Financing
- Capital Markets
- Mergers and Acquisitions
- Business Reorganisations
- Oil and Gas
- Electricity and Renewable Energy
- Telecommunications and Media
- Securities, Fund Investments and Other Financial Services
- Sports and Entertainment
- Bankruptcy and Insolvency
- Pensions
- Taxation
- Franchising and Distribution
- Competition
- International Commercial Arbitration
- Anti-Money Laundering
- Transport
- Trusts
INTELLECTUAL PROPERTY
PROPERTY
Our Property Department offers a legacy of experience with all aspects of conveyancing transactions. We guide local and international clients and prepare the documentation necessary to take the transactions from start to finish whether it be for residential or commercial properties.
Attorneys
Stephen W. Farmer, QC
Savitri C.B.C. St. John
Rosalind K. Smith Millar
Annette Y. Linton
Laverne O. Ochoa-Clarke
Anya J. Harrison
Jaina O. Colucci
Dario A. Welch
Kimberly Lewis
The firm has worked on a number of the larger resorts in the Island from both the development/ sales side and the purchasing side. We can assist with purchasing of lands for hotels/ resort / condominiums, new construction as well as the purchase or sale of existing real estate, plant and fixtures. We also maintain a relationship with many of the owners of resorts and hotels in Barbados to provide any legal support where necessary.
We advise on franchising agreements, applying for concessions and other planning applications to various governmental agencies.
We offer the full suite of condominium development services including preparation of building contracts, offer documents, sale agreements, preparation and filing of condominium declarations, advice on administration and management of condominium rights and obligations. Our litigation department can assist the PUP with enforcing the payment of levies and termination and winding up of the PUP.
Our range of services covers both traditional hotels and condominium hotels.
Attorneys
Stephen W. Farmer, QC
Savitri C.B.C. St. John
Rosalind K. Smith Millar
Annette Y. Linton
Anya J. Harrison
Dario A. Welch
We provide advice and prepare the necessary documentation for setting up joint ventures and partnerships created to engage in property investment. Where necessary, we liaise with our corporate department to create the legal structures and ensure regulatory compliance.
Attorneys
The firm advises local, regional and international clients on Barbadian estate law from the first stages of estate planning, preparation of wills, setting up testamentary trusts, obtaining grants of probate and letters of administration and the resealing of grants issued outside of Barbados, to settling and administration of trusts and estates. We have handled large complex estates and provide advice to executors/administrators of the estate as well as to beneficiaries of estates.
Attorneys
Stephen W. Farmer, QC
Rosalind K. Smith Millar
Annette Y. Linton
Laverne O. Ochoa-Clarke
Jaina O. Colucci
Our property department also handles the transfer of businesses whether such transfer is by way of the transfer of the assets involving shares in a company, particularly where the company is a property owning company, transfer and assignment of contracts and leases, transfers of movable property, plant, fixtures, equipment, inventory and stock, and goodwill of the target company or by way of the sale of the shares in the target company particularly where it owns real estate.
Attorneys
Stephen W. Farmer, QC
Savitri C.B.C. St. John
Annette Y. Linton
Dario A. Welch
We offer efficient and practical secured lending advice in connection with the structuring, negotiation and documentation of loan facilities in real estate and commercial secured lending projects. Our clients include local and international financial institutions, as well as individual borrowers, developers, property managers and other interested parties. We understand financing from all such perspectives and are therefore equipped to anticipate and understand the issues that are likely to arise. We have experience in several aspects of secured lending including loan agreements, project financing, mortgages, debentures, share charges, guarantees, deeds of priority between lenders, security and title reviews and forbearance agreements.
Attorneys
Stephen W. Farmer, QC
Savitri C.B.C. St. John
Rosalind K. Smith Millar
Annette Y. Linton
Anya J. Harrison
Jaina O. Colucci
Dario A. Welch
Ramon O. Alleyne
Kimberly Lewis
Our firm has negotiated and advised on leases ranging from leases of dwelling-houses to those pertaining to large-scale properties including commercial leases of shopping complexes and office buildings. Our expertise also encompasses agricultural leases and the leasing of properties for renewable energy projects. Whether we are acting for a prospective landlord or tenant, we can advise on the legislative and documentary requirements we ensure that our client’s interests are fully and successfully represented.
Attorneys
Stephen W. Farmer, QC
Savitri C.B.C. St. John
Rosalind K. Smith Millar
Annette Y. Linton
Anya J. Harrison
Dario A. Welch
At Clarke Gittens Farmer we have a team experienced in the relatively new procedures to resolve issues of title through the Supreme Court or the Land Registry to restore title deeds destroyed or damaged, lost or stolen. Where title documents are inadequate or there are no title documents or ownership is based on inheritance, devise, purchase, adverse possession, prescription or otherwise, we can assist with obtaining a declaration of ownership to a property and a certificate of title
Attorneys
Stephen W. Farmer, QC
Laverne O. Ochoa-Clarke
Anya J. Harrison
Jaina O. Colucci
Dario A. Welch
We have been involved in many of the largest developments on island advising developers, lenders and purchasers on the various stages of the transactions involved. Whether it is a small or large scale residential or commercial development, we have the expertise to advise on and prepare the full suite of documents required. This includes the documentation and advice necessary to get the development on stream including liaising with our corporate department on the incorporation and setting up of special purpose vehicles, shareholder agreements and the issuance of shares.
Attorneys
Stephen W. Farmer, QC
Savitri C.B.C. St. John
Rosalind K. Smith Millar
Annette Y. Linton
Anya J. Harrison
Dario A. Welch
Kimberly Lewis
Our Commercial Department provides advice on local and international financing to clients in diverse business sectors such as electricity and renewable energy, oil and gas, telecommunications and tourism and hospitality.
We have also represented lenders in financing arrangements involving the Government of Barbados and various statutory entities.
Attorneys
We act on behalf of issuers and traders of securities and entities seeking to make initial public offerings and apply for a listing on the Barbados Stock Exchange Inc. We also provide support to trustees for bondholders and assist in offerings of both secure and unsecured securities.
Additionally, the Commercial Department routinely provides advice to entities engaged in private placements, limited offerings and offerings to sophisticated purchasers.
Attorneys
We provide advice to local and international clients on transactions which may be subject to merger regulation in Barbados or which may trigger our take-over bid rules and regulations.
We have assisted with major mergers and acquisitions on the Island and have represented both acquirers and target companies and vendors and purchasers in share and asset acquisitions. We also provide support in the diligence aspects of the transaction.
We are pleased to guide clients through the myriad of corporate, securities and competition law issues applicable to a particular transaction and other regulatory considerations.
Attorneys
We assist and advise multinational organizations in business reorganizations and restructuring in a manner that seeks to harmonize with the financial advice received by those organizations. We also liaise with the relevant regulators on Island to ensure that our client’s undertake reorganizations which are seamless and promote the smooth transition of all entities involved.
Attorneys
We advise both local and international clients on operating oil and gas businesses in Barbados. We have substantial experience in the preparation of oil and gas supply agreements and advising on related matters.
Attorneys
The Commercial Department has on-going relationships with a number of local and international clients who operate businesses in the electricity and renewable energy sectors. The firm has represented clients in these sectors in hearings before regulators and has been involved in various electricity development projects on island. We also advise clients on the various tax benefits that may attend to the renewable energy businesses in Barbados and prepare agreements with respect to the electricity and renewable energy sector including power purchase agreements and contracts concerning the business of electric vehicles.
Attorneys
Our firm regularly provides advice to clients on matters concerning information technology (including maintenance contracts and software development), data privacy and protection, broadcasting, telecommunications and e-commerce among others. We are also adept in preparing or reviewing and revising agreements for information technology services agreements and terms and conditions for website use, among other things.
Attorneys
Our attorneys routinely provide both general and specific advice to local and international issuers and market actors on registrations with the Financial Services Commission, Barbados. We also provide support to clients when making applications for various registrations under the securities and mutual fund legislation.
Furthermore, we advise on registrations in the insurance industry and drafting documents in compliance with the legislation and regulatory framework.
Attorneys
Our firm acts for local cricket teams and professional and amateur sportspersons and clubs. We have advised on sponsorship contracts, agent contracts, venue contracts and a number of other commercial contracts with respect to sports and entertainment. One of our associates is also a member of the Athletic Association of Barbados Inc.
The Commercial Department also provides clients with advice on the laws and regulations with respect to gaming and prize draws and lotteries in Barbados.
Attorneys
The Commercial Department often provides advice to local and international clients on the legal and practical issues that may arise in bankruptcy or insolvency situations and their impact on commercial transactions.
Attorneys
We provide general advice to a number of local defined contributions and defined benefit pensions schemes with respect to their operations and we also advise on specific transactions such as the merger and transfer of pension plans. Further, we prepare, review and revise trust deeds that constitute pension funds and other related documentation to ensure compliance with pension legislation. Further, we are always pleased to liaise with the regulator on behalf of clients with respect to certain transactions involving pension funds which require the approval of the regulator.
Attorneys
We provide clients with advice on the legislative requirements with respect to tax which may be relevant to their transactions and business operations. We also provide tailored advice on tax efficient business structures and the various benefits which may arise from Barbados’ network of double taxation agreement and bilateral investment treaties. In addition, we advise on tax information exchange agreements and the implications of FATCA on individuals and local financial institutions. Our work is complimented by one of our associates, Ms. Sabrina Maynard, who is also a Chartered Accountant.
Attorneys
Our attorneys advise local companies and branches in Barbados in relation to contracts with respect to sale and distribution of various goods such as beverages, pharmaceuticals etc. We also provide related advice on consumer protections, product registrations, product labelling and standards, customs categorization and product distribution within the CARICOM context. The Commercial Department also advises on franchising arrangements and registrations and prepare documentation with respect to the same.
Attorneys
We are pleased to assist clients in navigating through their commercial arrangements and agreements from a competition law perspective. We regularly provide clients with advice on restraint of trade, disruption and distortion of the market, joint ventures and the like. Our attorneys also assist clients in their interactions with the Fair Trading Commission, Barbados and making applications for various clearances prescribed in the legislation.
Attorneys
We provide clients with advice on and representation in international commercial arbitrations.
Attorneys
The Commercial Department advises clients on the provisions and effect of the anti-money laundering legislation and guidelines.
Attorneys
Our attorneys advise clients on shipping and aviation matters including financing, registrations, mortgaging, leases and sale and transfer. In addition, we advise clients on specific issues related to unmanned aircrafts and drones and transport of dangerous goods via land, sea or air.
Attorneys
We provide clients with advice relevant to the establishment and maintenance of various trust structures. Our services include the preparation of trust deeds and ancillary documents as well as advising on a range of tax and other issues that may affect the operation and administration of trusts.
Attorneys
At Clarke Gittens Farmer, we have a skilled and dedicated team that works with a wide variety of clients to ensure the protection of their trademarks. In today’s increasingly global markets a trademark is a highly valued asset that can set a business apart from its competitors and should be protected.
We assist our clients in a wide range of services including, general advice on trademark matters, clearance searches, registration of marks, renewals, portfolio management, trademark audits, licensing disputes and litigation.
Our trademark clients include several major well-known international brands, especially in the fields of food and beverage, pharmaceuticals, technology, clothing and luxury goods.
Attorneys
Patent applications can appear to be a daunting process but our IP team is dedicated to providing our clients with range of services including registration of local patents, entry of the National Phase of applications under the Patent Cooperation Treaty and payment of annuities throughout the life of the patent.
Attorneys
Protecting how an object or product looks is as important as protecting how it works. Our firm provides advice and services in all stages of the process including design registration and maintenance.
Attorneys
Protecting original work such as paintings, photographs, music, a performance or a piece of writing has never been more important. We can advise on the protection of such creations, assist with the preparation of licensing and management contracts.
Attorneys
A number of our corporate clients rely on the firm for advice on due diligence and transfer of IP assets ancillary to larger business transactions, or as stand-alone IP transfers. Our services include the negotiation and preparation of licensing agreements and transfer agreements.
Attorneys
Attorneys
Ramon O. Alleyne
Kevin J. Boyce
Michael J. Koeiman
Richelle M. Nichols
R. Omari Drakes
Shena-Ann Y. Ince
Rene Butcher
Codie Hinds
Attorneys
Ramon O. Alleyne
Kevin J. Boyce
Michael J. Koeiman
Richelle M. Nichols
R. Omari Drakes
Shena-Ann Y. Ince
Rene Butcher
Codie Hinds
Attorneys
Ramon O. Alleyne
Kevin J. Boyce
Michael J. Koeiman
Richelle M. Nichols
R. Omari Drakes
Shena-Ann Y. Ince
Rene Butcher
Codie Hinds
Attorneys
Ramon O. Alleyne
Kevin J. Boyce
Michael J. Koeiman
Richelle M. Nichols
R. Omari Drakes
Rene Butcher
Codie Hinds
Attorneys
Attorneys
Ramon O. Alleyne
Kevin J. Boyce
Michael J. Koeiman
R. Omari Drakes
Rene Butcher
Attorneys
Ramon O. Alleyne
Kevin J. Boyce
Michael J. Koeiman
R. Omari Drakes
Shena-Ann Y. Ince
Rene Butcher
Our practice group specializes in the enforcement of securities of all levels of complexity. We have standardized this recovery process in order to ensure the speediest realization possible in each case.
Attorneys
Ramon O. Alleyne
Kevin J. Boyce
Michael J. Koeiman
Richelle M. Nichols
R. Omari Drakes
Shena-Ann Y. Ince
Rene Butcher
Our Litigation Department has received specialized training on major forms of construction contracts, as well as arbitral regimes governing construction contracts.
Therefore, our Department is well poised to provide specialized litigation advice to commence and defend claims of relating to construction law. We have successfully represented owners, developers, general contractors, construction managers, architects, engineers, subcontractors, material suppliers and sureties in all aspects of the construction industry.
Attorneys
Ramon O. Alleyne
Kevin J. Boyce
Michael J. Koeiman
Richelle M. Nichols
R. Omari Drakes
Shena-Ann Y. Ince
Rene Butcher
Attorneys
Ramon O. Alleyne
Kevin J. Boyce
Michael J. Koeiman
Richelle M. Nichols
R. Omari Drakes
Shena-Ann Y. Ince
Rene Butcher
Codie Hinds
Attorneys
Ramon O. Alleyne
Kevin J. Boyce
Michael J. Koeiman
R. Omari Drakes
Rene Butcher