07302019 BUSINESS

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business@tribunemedia.net

TUESDAY, JULY 30, 2019

$4.80 ‘Eagerly awaited’ $13m claw back verdict upheld By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

A BAHAMIAN liquidator’s bid to “claw back” a $13.148m pay-out by serving the recipient outside this jurisdiction was yesterday upheld by the London-based Privy Council. The highest court in the Bahamian judicial system found that Alan Bates, court-appointed liquidator for the AWH Fund investment fund, was able to use legal channels provided in law to serve ZCM Asset Holding Company (Bermuda) Ltd with proceedings that aimed to recover the allegedly “undue or fraudulent preference” it had received. The verdict is likely to be greeted with relief by some Bahamian insolvency practitioners given that it clears up an area of legal uncertainty, and seemingly means that existing laws will not have to be changed to enable the service of “claw back” proceedings on parties outside this nation. Tara Cooper-Burnside, the Higgs & Johnson attorney who represented Mr Bates in the case before the Supreme Court, wrote in the June edition of the law firm’s Focus magazine that the Privy Council verdict was being “anxiously awaited” by the local insolvency industry. She wrote: “The [Privy Council] appeal was heard on 4 February, 2019, and judgment was reserved. Needless to say, insolvency practitioners in The Bahamas are anxiously awaiting the decision of the Privy Council on this important issue. “If the appeal is successful, legislative amendments would be required to permit a liquidator’s voidable preference ‘claw back’ claim to be served on persons who are outside the jurisdiction of The Bahamas and prosecuted thereafter.” The Privy Council had been asked to determine whether Bahamian law enabled Mr Bates to serve ZCM outside this jurisdiction at the time he did so, and if his claim “satisfies the merits threshold” for this to be permitted. ZCM, a subsidiary of Zurich Bank, acts as custodian of funds in agreements between its parent and other parties. The latter included American Express Offshore Alternative Investment Fund (AMEX), which deposited a significant amount of shares in

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New Abaco port needs ‘free trade zone’ status

By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

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BACO’S Chamber of Commerce president yesterday called for the island’s Chinese-constructed new port to be designated as a “free trade zone” to make its $39m price tag “pay off”. Ken Hutton told Tribune Business that the north Abaco port, built by China Harbour Engineering Company (CHEC), would likely require more investment - possibly as much as $8m if the facility was to exploit multiple commercial opportunities that could turn that part of the island into “a viable commercial hub”. He was speaking after Desmond Bannister, minister of works, yesterday confirmed to this newspaper that the Ministry of Works had turned the north Abaco port over to the Port

• Would make $39m price tag ‘pay off’ • Chamber chief says further $8m needed • Minister confirms hand over to Port Dept

NORTH ABACO PORT Department after certifying that all previously-identified construction defects had been satisfactorily addressed by the Chinese state-owned contractor.

Asked how important an economic asset it will prove to be for Abaco, Mr Bannister said it was “going to be critical for the port to be managed in a way”

SMALL Bahamian credit unions will be forced to merge and consolidate as a result of intensified regulation, the Central Bank is predicting. The regulator, in its justreleased 2018 Financial Stability Report, said it was increasing oversight of the second-largest deposit-taking sector in The Bahamas behind the commercial banks because there was “scope for further strengthening” their ability to withstand shocks. Noting that credit unions’ “prudential buffers remained below that of banks”, the report said: “Accordingly, the Central Bank decided to increase its target for the financial performance of credit unions, with heightened risk-based oversight.

that attracts the necessary volume of commercial business to sustain it. “The ministry has turned

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Private sector demands WTO ‘sense of direction’ By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

THE private sector yesterday urged the government to give it “a sense of direction” over its WTO accession plans since the June 2020 target date was clearly “not achievable”. Darron Pickstock, who heads the Chamber of Commerce’s trade and investment division, told Tribune Business it wants to gain an understanding of the government’s “intent” and likely next steps in advancing The Bahamas to full World Trade Organisation (WTO) membership when it next meets with the Cabinet minister overseeing the process. Disclosing that the chamber hopes to meet with Elsworth Johnson, newlyappointed minister of financial services, trade and industry and Immigration, within the next fortnight, Mr Pickstock agreed that the June 2020 accession target was unattainable “from a practical viewpoint” given the sheer scale of the remaining reforms The Bahamas has to implement. While noting that the government had not changed its policy objective of taking The Bahamas into full WTO

• Seeking govt’s ‘intent’ and next steps • Agrees June 2020 is ‘not achievable’ • Warns: ‘Don’t lose impetus for reforms’

DARRON PICKSTOCK membership, even though the pace of accession may have slowed, the chamber executive reiterated previously-expressed concerns that it could lose “the impetus for reform” without such deadline pressure to drive it. Mr Pickstock added that proceeding rapidly with reforms to improve the ease and cost of doing business was essential regardless of whether The Bahamas joined the WTO or not, as this was key to improving the economy’s long-term competitiveness and growth prospects.

Speaking after Mr Johnson last week confirmed that the June 2020 accession target was “purely aspirational”, and not set in stone, Mr Pickstock said the minister’s comments reflected the reality of where The Bahamas stands in the process to join world trade’s governing body. “I guess the minister’s comment was made in that it’s apparent we’re not going to make the June 2020 deadline,” he told Tribune Business. “Based on the amount of stuff that has to be done, and with this

Credit union consolidation predicted by Central Bank By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

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• Heightened regulation to drive mergers • Sector to come under deposit insurance • Foreign exchange can handle bank surplus “In a number of instances, institutions will require greater economies of scale in their operations to satisfy financial and governance standards that are becoming more demanding at the domestic and international levels. “Strategically, this will require some consolidation and mergers of smaller entities with other cooperatives. An important safety net for the sector is the proposed near to medium-term enrollment of credit unions in the Deposit Insurance Fund.” The Central Bank said total assets controlled by Bahamian credit unions increased by 7.3 percent or $30.6m last year to end 2018

at $450.9m. This followed a 5.9 percent expansion in 2017, and the report said: “This development was led by an expansion in the league’s deposits, by 10.4 percent to $85.4m, exceeding the 7.4 percent gain in 2017. “Similarly, loans to members - which represented 51.9 percent of total assets - rose by 1.5 percent ($3.4m) to $234.2m, higher than the 1.3 percent growth recorded a year earlier. A breakdown of the loan portfolio, showed that the majority of credit was extended for smallscale consumer purchases (75.9 percent), followed by mortgages/land (21.7 percent), revolving lines of

credit (1.4 percent), SME development (0.8 percent) and education (0.1 percent).” Total credit union deposits grew by 6.6 percent or $24m to $386.2m, while total capital and surplus resources to cover unexpected losses rose by 9.4 percent or $1.7m to $19.2m at year-end 2018 following the prior year’s contraction. Elsewhere, the Central Bank reiterated the need for Bahamian commercial banks to gradually reduce their levels of surplus capital over the medium-term to ensure they were not tempted to seek greater returns by riskier lending.

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minister just recently being appointed and even before him, when Mr Symonette was there, it appears that date will not be achievable from a practical viewpoint. “It is nothing more than that. The minister will have to sit down with his technical team and, based on the government’s strategy, determine and decide what happens. From what I recall from the previous minister, the government was in full support of The Bahamas joining the WTO and setting a deadline.” Mr Symonette told this newspaper in late 2017 that the Minnis administration had taken a policy decision to complete The Bahamas’ now-18 year bid to become a full WTO member, and was seeking to complete the negotiation process by December 2019. This would allow the country’s accession to be ratified at the next full WTO meeting in June 2020. While this timeline may now be impossible to hit,

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$4.83 MasterCard eyes Out Island tie-up with credit unions By NATARIO MCKENZIE

Tribune Business Reporter

nmckenzie@tribunemedia.net MASTERCARD wants to introduce its payment technology in the Family Islands via partnerships with Bahamian credit unions, its executives said yesterday, targeting unbanked and under-served communities. Juan Zavala Aleman, MasterCard’s manager of account management, confirmed it is meeting with the heads of local credit unions at this week’s World Credit Union Conference (WCUC) at Atlantis to discuss the opportunity. “In the Bahamas today we don’t work with any credit unions. As part of the plan we have, we have a key player in Fidelity Bank, where we are trying to develop the aggregator model,” he said. “We will have Fidelity sponsoring the credit unions with our products so they can issue those products. We know that credit unions issue a debit card, and we see potential on the credit side and I’m meeting with some of the CEOs to discuss that.” Marcus Carmo, MasterCard’s director of communications, said of the aggregator model: “As an international franchise MasterCard has a lot of standards and rules, and we need to abide with anti-money laundering and payment card industry compliance. “Sometimes for a small player is not that easy to comply with all those things. They need to comply but sometimes it’s expensive to have them preparing everything. With the aggregator model it becomes easier for them to go through the right process. We streamline it and it’s less costly. That’s why this model is so important.” Mr Aleman added: “It’s a faster time to market. The aggregator is already in place working with MasterCard, complying with everything we have, and it’s just like kind of a plug-andplay for the credit union. They are lacking expertise and don’t have the operational infrastructure to operate on their own. A part of what we want to push is we want to work with the credit unions on the Family Islands.” He pointed to efforts already under way to reach the unbanked, particularly in the Family Islands. NZIA Ltd has already been selected as the

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