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WEDNESDAY, APRIL 28, 2021
$4.86 New association to tackle demand for $2m coverage By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net A NEW association of shore excursion/experience providers will tackle the cruise industry’s $2m liability insurance requirement as a key priority, a tourism executive has revealed. Janet Johnson, the Tourism Development Corporation’s chief executive, told Tribune Business that all the legal documents to facilitate the Bahamas Association of Shore Experiences’ creation are in place ahead of a formal annual general meeting (AGM) that will be held “within the next month”. That will formally launch the association following the election of its officers, with Ms Johnson revealing that its creation has been driven by the industry’s belief that it is not attracting sufficient attention and support from the government and others. “We’ve got all the legal documents done, and are ready to put on an annual general meeting,” she said. “It’s really for the entrepreneurs. We found that, during the pandemic, prior to July 1 last year the water sports operators didn’t feel they were getting the necessary attention they ought to have. “They didn’t have a voice. This was already in the works. This will be the umbrella organisation for the experiences. On the various chats I manage on What’s App, people said we need this, we need to organise it. I said it’s done. The Tourism Development Corporation has done all the legal work, and they’ve got the Articles of Association. “We’re about to have the AGM and select the officers. We’ve put together a letter to go out to everyone asking them to stand for leadership if they feel so inclined and to determine the date. It’s coming out within the next month.” It is unclear whether the new association will have any relationship with the recently-formed Bahamas Excursion Operators Association, which appears to be focused on representing companies from a similar - if not the same - market. Ms Johnson, meanwhile, said the Tourism Development Corporation will follow the Small Business Development Centre (SBDC) in exploring how it can make general liability insurance more affordable for Bahamian tour, shore and experience providers and thus enable them to meet the $2m benchmark set by the likes of Royal Caribbean. Elisa Shen, Royal Caribbean’s vice-president of onboard revenue and gaming, conceded during Monday’s webinar with local firms on the contracts potentially on offer from its Nassau home porting that there are concerns among Bahamian small and medium-sized enterprises that the cruise line sets the threshold too high in terms of its requirements for companies to do business with it. In particular, Royal Caribbean requires tour providers to obtain $2m in general liability insurance. Ms Shen conceded: “We have our requirements. We do have challenges with engaging smaller operators because of our requirements. I wouldn’t say our requirements are too high; we know that’s one way to look at it..... It is a barrier to small businesses and we are committed to resolving it. It won’t be resolved overnight.” She urged all parties to come up with “a better way
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Super Value to ‘terminate’ if COVID rules disobeyed By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net
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UPER Value has warned its 1,000strong workforce they “will face termination” if caught disobeying COVID-19 protocols, its principal warning yesterday: “We cannot go back into lockdown.” Rupert Roberts told Tribune Business that “business is bad enough without any further hiccups” as he and other private sector leaders voiced growing alarm about a surge in COVID-19 cases they fear is reaching levels where it is “out of control”. While all agreed that health, and saving lives, comes before the economy, Mr Roberts warned that the potential reimposition of restrictive measures employed last year to suppress the pandemic will only result in “further unemployment” among a workforce where a
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significant percentage - possibly 20-30 percent or even higher - are still jobless or on furlough. He spoke out after the Ministry of Health yesterday disclosed that a further 63 new COVID-19 cases have been confirmed, including 51 in New Providence and 11 in Grand Bahama. This added to the 50 cases detected on
Monday, and another 158 recorded between Friday last week and Sunday, taking the total for the fiveday period to 271. With 613 COVID-19 cases said to be active, the so-called “third wave” as described by public health officials is again slowly but steadily increasing the pressure on The Bahamas’ hospital system. However,
TWIN sisters have been given permission by the Supreme Court to enter a default judgment against a Bahamian attorney whose “negligence” cost them their Harmony Hill condominium. Justice Indra Charles, deftly describing the dispute involving Petrona and Petula Russell as “an unfortunate case”, found that Anthony Thompson who they hired to represent them in selling the property - had no “genuine answer” or defence to their claims for breach of contract and breach of fiduciary duty. In a scathing April 26, 2021, verdict, she struck out Mr Thompson’s draft defence as “scandalous, frivolous and vexatious”, finding that it was “no more than a vexatious and oppressive attempt by him to use the court’s machinery
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• Judge blasts ‘scandalous’ draft defence • Never disclosed representing buyer too • Sisters get default judgment go-ahead for an improper purpose”. And, for good measure, Justice Charles made a similar finding against Cleopatra Thompson, the buyer of the Russells’ condominium, who defaulted on both the purchase price and mortgage repayments to FirstCaribbean International Bank (Bahamas) despite having taken possession of the property in May 2017. Justice Charles’ judgment did not say if Mr Thompson and the purchaser are related by family, even though they share the exact same surname, and Tribune Business inquiries on the issue yesterday proved fruitless. However, Ms Thompson’s draft defence did admit that the attorney who
shared her name failed to inform the Russell sisters that he was also acting for the buyer, meaning that he was representing both parties in the same transaction and opening up the possibility for conflicts of interest to arrive. The sisters, who had acquired their condo at Harmony Hill’s Country Club Estates in 2011 via a 25-year FirstCaribbean mortgage, hired Mr Thompson to represent them in selling the property after they were both accepted to attend Saint Mary’s University in Halifax, Canada, in November 2015. Justice Charles noted that they discussed with Mr Thompson, whose law firm bears his name, “the prospects of selling the Property
By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net
prior to their relocation”. In particular, the twins sought legal advice as to whether they would be able to recover the equity value they had “injected into the mortgage”. After agreeing to help with the sale, there was a “verbal retainer agreement” that Mr Thompson would market the condo, deal with all buyer inquiries, liaise with the bank and also sell the sisters’ furniture. To ensure the mortgage remained in good standing after they left for Canada in August 2016, the Russells’ made several months worth of payments to cover the rest of that year. Mr Thompson, on April
while 52 patients are hospitalised, just three of those are in intensive care. The outbreak prompted Super Value to do its part to head-off new health-related restrictions. In an “urgent warning to staff”, dated April 22 and bearing the name of Debra Symonette, Super Value’s president, the 13-store chain - which also trades under the Quality Supermarkets brand - warned workers about the penalty for “deliberately” failing to follow the mandated health protocols. Listing these as social distancing, mask wearing, washing hands and avoiding unnecessary travel, the note told staff: “We are in the third wave of the pandemic,
Attorney’s ‘negligence’ cost twins their home By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net
BPC dismisses investor’s exit as old news THE Bahamas Petroleum Company (BPC) yesterday dismissed environmental activist joy over an investor’s divestment of an £11.25m stake in the firm as old news. The oil explorer, in a statement to Tribune Business responding to reports that Lombard Odier has exited its holdings in the company, said the move will not impact the financing for its development and exploration plans in Trinidad & Tobago and elsewhere. “BPC is not reliant on funding from Lombard Odier for any part of its forward investment programme in activities anywhere in its portfolio, spanning not only exploration in The Bahamas but onshore production, appraisal, development and exploration in Trinidad, an extended well test and subsequent production onshore Suriname and exploration offshore Uruguay,” BPC said. “The Lombard Odier facility provided capital that contributed to BPC operating, drilling and safely completing the Perseverance One project nearly three months ago. As part of that facility, Lombard Odier temporarily owned BPC shares. At no time were Lombard Odier a part of the ‘project’. As far as BPC is aware, Lombard Odier has already disposed of its entire interest in the company.” Oil exploration opponents, though, were elated at developments. Casuarina McKinney-Lambert, executive director of the Bahamas Reef Environment Educational Foundation (BREEF), told Tribune Business: “It’s very clear that the world is shifting away from fossil fuels so it’s not surprising that funding for this industry is drying up. “Renewable energy is a future for The Bahamas that actually creates jobs. Financing for fossil fuel exploration is becoming increasingly difficult to find, especially in new pristine locations around the world such as The Bahamas. Oil
• Supermarket chief: ‘We can’t go back to lockdown’ • Bahamas ‘at risk of losing last 12 months’ progress’ • Infection ‘explosion’ follows ‘very brutal’ early 2021
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‘Nothing to fear for compliant licensees’ By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net BAHAMAS-based securities dealers that meet existing requirements will all meet the Securities Commission’s enhanced capital adequacy rules, regulators revealed yesterday. Christina Rolle, the Securities Commission’s executive director, told an industry briefing that developing regulatory capital rules for the financial services industry’s broker/ dealer and investment advisory sector had been “a long outstanding matter” that had failed to keep pace with its increasing complexity. With base or “fixed floor” capital requirements set to double for some elements of this segment, Ms Rolle said the regulator had sought to combine the existing “net capital rule” - which dates back to 1999 and the last century with the Basel capital rules employed by the banking and trust company segment. As a result, the Securities Commission is proposing that all its broker/dealer
• Broker/dealers under-capitalised may be ‘more exposed’ • Commission: Rules to address ‘long outstanding matter’ • Plans to expand concept to funds, corporate services
CHRISTINA ROLLE and investment advisory registrants ensure their adjusted net liquid assets be “no less” than 120 percent of their so-called financial resources requirements “at all times”. This 120 percent ratio will act as the so-called “trigger”, with 110 percent acting as the “minimum” licensees cannot slip below. Breaching these benchmarks will trigger potential Securities Commission enforcement action, which will increase in severity
according to the depth and length of the violation. Ms Rolle added that the regulatory capital rules concept, once finalised and implemented, will also be extended to other sectors it regulates such as investment funds and financial and corporate services providers. Acknowledging that upgrading the regulatory capital rules had been discussed prior to her appointment, and ever since the Securities Industries Act was reformed in 2011, the Securities Commission chief said regulators had first explored adapting the banking industry’s Basel rules to suit broker/dealers and investment advisers. “We found those rules too complex for our registrants and licensees,” she explained. “In the 1999 Act, the solvency rules were based on the net capital rule. But since 1999 and
2011, our market has grown in size and complexity, and a firm’s capital requirements are not aligned with a firm’s risk. “That does not necessarily mean there’s a capital inadequacy as a result. It means we cannot be confident that a firm’s measure of risk is appropriate, and all liabilities are included. The commission is empowered to monitor the solvency of licensees and take action to protect clients where solvency is in doubt.” Besides consulting local industry practitioners, Ms Rolle said the Securities Commission also benchmarked the proposed Securities Industry (Financial Resources) Rules 2021 against capital requirements imposed by other international financial centres (IFCs) such as the Cayman Islands, Jersey, the Isle of Man, Hong Kong,
Cyprus, Ireland, Dubai and Singapore. Explaining that these were chosen because of their similarities to The Bahamas’ financial services industry, and the interaction between regulator and private sector, Ms Rolle said broker/dealers and investment advisors already compliant with existing regulatory capital requirements will have nothing to fear from the new proposals. Referring to a survey analysis performed by the Securities Commission, she said: “We found all the licensees currently meeting their regulatory capital will continue to meet their regulatory capital under these rules. Those licensees that are deficient in regulatory capital, these rules will expose that and possibly to a greater extent than the net capital rule.” Ms Rolle added that the Securities Industry (Financial Resources) Rules 2021 are “a hybrid” between the old “net capital rule”, dating from 1999,
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