Alexiou Knowles & Co

The Bahamian judicial system is based on English common law. Actions are brought on the criminal side or the civil side before either the Magistrates Court or the Supreme Court, with recourse to the local Court of Appeal. The highest appeal is to the Privy Council in London, for which special permission must be granted.

AKC offers a broad range of services in civil litigation in the areas of banking, insolvency, insurance, maritime, labour, family law, as well as negligence and personal injury claims.

Terry North and Luther McDonald, KC head the litigation practice of the firm, and represent some of the leading commercial banks and insurance companies in the Bahamas. Our litigation team is qualified to appear in all courts in The Commonwealth of The Bahamas.

The following are some examples of our representation:

• Ongoing representation of a leading insurance company in claims brought by policy holders
• Representing lending institutions in contested debt recovery, mortgage repossession cases, and advising on pre-emptive remedies
• Corporate insolvency and liquidations
• Appearing before the Industrial Tribunal on behalf of employers / employees
• Negotiating and litigating maritime claims, obtaining or challenging ship arrests; exercising maritime liens on cargo to secure freight or demurrage claims
• Family law matters including dissolution of marriage and settlement negotiation
• Enforcement of foreign judgments, obtaining evidence in the Bahamas for foreign proceedings and service of foreign process in The Bahamas
• Negligence and personal injury matters

We foster strong relationships with our clients with an emphasis on confidentiality and trust, which is essential during the adversarial experience of litigation.

The real estate practice of the firm includes all aspects of local real estate investing, financing, and development.

Our real estate attorneys guide clients through all of the stages of a property sale or investment, from the initial regulatory approvals, through the title search and completion process, and the post-closing attendances with the relevant Government departments.

We have a loyal base of both local and foreign clients ranging from first time home purchasers, to large-scale developers and lenders.

Our expertise includes:

• Conveyancing (sale and purchases) of residential, private islands, and commercial property
• Financing secured by real estate (mortgages, debentures, owner-financing)
• Master planning for resort, mixed-use and residential communities
• Lender remedies (workouts, restructuring, power of sale)
• Condominiums
• Subdivision and Severance
• Fractional ownership
• Private and commercial leases
• Government regulatory approvals and licencing
• Opinions on Title
• Title Insurance
• Quieting Title

We are one of the few firms in The Bahamas who have an in-house microfiche library, which is a real advantage in searching and reviewing title.

Real estate transactions in The Bahamas are subject to certain regulatory approvals, stamp tax, value added tax, and realtor commissions, as well as real property tax. We work closely with our clients at the outset of each transaction to manage expectations on the timeframe involved and advise on the hidden costs inherent in the sale and purchase of real estate.

Please click here for an overview of a real estate transaction in The Bahamas.

Our commercial practice is one of the core services of the firm. We represent institutions in large-scale mergers, restructurings and management buy-outs, and we represent many foreign investors and local business owners in the legal and advisory aspects of establishing and maintaining a business in the Bahamas.

Our areas of representation include the following:

• Company formation and maintenance by Lex Management
• Shareholders’ and partnership agreements
• Business and share sales
• Corporate restructuring, mergers, management buy-outs/buy-ins
• Providing Bahamian legal opinions to non-Bahamian clients
• Obtaining regulatory approvals from the Bahamas Investment Authority, business licences, opening bank accounts
• Immigration applications for work permits
• Employee contracts
• Agency, distribution, funding, and other commercial agreements
• Drafting commercial contracts, aviation leasing and mortgaging
• Bankruptcy, insolvency, receivership and corporate winding-up
• Formation of insurance companies in The Bahamas, insurance advisory work.
• Trademark, copyright and patent registration and protection; including but not limited to internet domain name and information technology protection.

Investment in The Bahamas by non-Bahamians is an area which is closely regulated by the Ministry of Finance, and which requires legal assistance. The following guideline provides an overview of what to expect.