General

In addition to providing intellectual property advice, the firm specializes in TCI Trademark registration and administration. A Trademark must be registered with the Register of Trademarks in TCI to be protected within TCI. In regard to Patents, a Patent must have already been registered in the UK prior to the registration of the Patent being sought in TCI. Copyright is recognized in TCI and generally, protection exists automatically without the need for registration and provided …

Special trusts of company shares (STOCS trusts), purpose trusts, and enhanced creditor protection provisions all included in a wholesale and exciting revamp of TCI’s trusts statute Owen Foley of Misick & Stanbrook looks at TCI’s new Trusts Ordinance. Background As a British Overseas Territory with no direct taxes, the Turks and Caicos Islands (TCI) has been an attractive domicile for trust establishment by high-net-worth individuals and their advisers for many years. However, in the recent …

Now that we are in election season here in TCI, many clients are being asked for political contributions. In light of TCI’s recent history, that causes concern as to what, if anything, is permissible, hence this brief legal summary: The matter is now regulated by the Political Activities Ordinance 2012. Part IV of the Ordinance deals with donations to political parties, but the aspects referred to below apply likewise to donations to independent candidates. We …

Sam Nicholls and Dominique Rolle recently hosted a very successful employment law seminar on “How to Conduct a Successful Disciplinary”. The two hosts discussed the key aspects of disciplinary proceedings. The talk was extremely well attended by leading HR officers from the major employers in Providenciales. If you are interested in attending a talk hosted by Misick & Stanbrook, please contact: info@misickstanbrook.tc.

Clients are first directed to our client memo on the general principles regarding fractional ownership of real estate in the Turks and Caicos Islands on our website (www.misickstanbrook.tc/fractional-ownership-TCI/). So, you have read that and you have a property that you would like to submit for fractional registration: what happens next? 1. Application for Registration of your Scheme An application for registration of a fractional interest scheme with respect to a particular villa or strata lot …

How do I get status in the Turks and Caicos Islands? Obtaining status in the Turks and Caicos Islands (“TCIs”) is governed by the new Turks and Caicos Islander Status Ordinance 2015, which obtained assent on 30th September 2015. The Ordinance has not yet come into force, but shall do so once announced in the Gazette. In essence, a person entering into the TCIs to live or to partake in gainful occupation[1] is required to …

The TCI Government has just passed the Tobacco Control Ordinance 2015, to regulate tobacco use, and to protect individuals from the exposure to tobacco smoke. The Ordinance, though passed, has not yet come into force. It will come into force on a date to be announced in the Government Gazette. Of primary interest is:- A prohibition on smoking or holding lighted tobacco products in an enclosed public place, an enclosed workplace, on public transport or …

I am not originally from TCI but I live here. Can I get divorced here? Divorce in TCI is dealt with by the Matrimonial Causes Ordinance 2012. In that respect:- The court has jurisdiction if, and only if, either of the parties to the marriage (i) is domiciled in the islands on the date when the proceedings are begun or (ii) was ordinarily resident in the islands throughout the period of one year ending with …

Ariel Misick QC and Jahmal Misick of Misick & Stanbrook successfully defend the Acting Deputy Commissioner of Police of the Turks and Caicos Islands, who, in a unanimous verdict was acquitted of recklessly allowing his private interest to improperly influence his conduct in the performance of this duty as a public official, on 17th November 2014. The Acting Deputy Commissioner was originally charged with five counts of corruption, but after successful legal arguments put forward …

Aside from a passing reference to data protection in the Electronic Transactions Ordinance (see below), TCI has no data protection statute. However, a number of other areas of local law are applicable or, in the context of the advice sought, ought to be considered in relation to data protection, confidentiality, and privacy matters. In that respect:- a. Data protection, privacy, and confidentiality at common law TCI is a British Overseas Territory and is a common …