Bermuda Bar (Professional Companies) Rules 2009
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BERMUDA

BERMUDA BAR (PROFESSIONAL COMPANIES) RULES 2009

BR 68/2009

The Bar Council, in exercise of the powers conferred by section 9

of the Bermuda Bar Act 1974, makes the following Rules:

Citation

1 These Rules may be cited as the Bermuda Bar (Professional

Companies) Rules 2009.

Form of application

2 An application by a company under section 16C of the Act for a

certificate of recognition as a professional company shall be in

accordance with Form 1 of the Schedule, and shall be accompanied by

the fee and documents listed in paragraph 2 of Form 1.

Form of certificate

3 A certificate of recognition as a professional company shall be in

accordance with Form 2 of the Schedule.

Fees

4 The application fee for a certificate of recognition is $750 for the

first application and $250 for each subsequent application by a

company.

Suspension and revocation

5 (1) If the Council is of the opinion that a professional company

does not meet the conditions set out in the Act, or is otherwise not in

compliance with the Act or rules made under the Act, the Council shall

give notice in writing (a “notice of non-compliance”) to the company—

(a) specifying in what respect the company is not in

compliance;

(b) requiring the company to bring itself into compliance

within such period as the Council determines; and

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(c) stating that the company has a period of 14 days from

the date the notice is given to respond to the notice.

(2) After considering any response from a professional

company, the Council shall confirm, vary or withdraw the notice of

compliance by a further notice in writing (a “further notice”) to the

company.

(3) If a professional company fails to bring itself into

compliance as required by a notice of compliance, or further notice, the

Council may take such action as it considers appropriate, including—

(a) suspending the company’s certificate of

recognition for a period to be determined by the

Council or until compliance; or

(b) revoking the company’s certificate of recognition.

(4) The Council shall publish in the Gazette a notice of

suspension or revocation of a certificate immediately following the period

for appeal referred to in section 16E of the Act unless—

(a) an appeal against the suspension or revocation is

made; and

(b) the court grants a stay of the suspension or

revocation pending the appeal.

(5) Where a stay has been granted in an appeal and the appeal

is subsequently dismissed, the Council shall publish in the Gazette a

notice of suspension or revocation of a certificate immediately following a

final decision on the appeal.

(6) If a professional company whose certificate of recognition

has been suspended or revoked subsequently brings itself into

compliance, the Council shall reinstate the company’s certificate of

recognition and publish notice of the reinstatement in the Gazette.

Deemed revocation

6 (1) The certificate of recognition of a professional company is

deemed to have been revoked from the date of—

(a) commencement of a voluntary winding-up of the

company under the Companies Act 1981; or

(b) the making of a winding-up order in respect of the

company by the Supreme Court under the Companies

Act 1981.

(2) If the sole shareholder of a professional company dies or

ceases to hold a valid practising certificate, the company’s certificate of

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recognition is deemed to have been revoked on the date when the

shareholder dies or ceases to hold a valid practising certificate.

(3) As soon as the Council becomes aware that a certificate of

recognition is deemed to have been revoked under paragraph (1) or (2),

the Council shall publish notice of the deemed revocation in the Gazette.

Register of Professional Companies

7 (1) The Register of Professional Companies established under

section 16F of the Act shall contain the information referred to in

paragraph (2).

(2) Every professional company shall provide the Council with

the following information and documents in relation to the company—

(a) the name of the company;

(b) a copy of the company’s certificate of incorporation and

memorandum of association;

(c) the address of the principal office of the company;

(d) the name of all shareholders and directors of the

company; and

(e) the name of all barristers who are members or

employees of the company and all registered associates

who are employees of the company.

(3) Every professional company shall, within 30 days after any

change in the information or documents referred to in paragraph (2),

notify the Council of that change.

(4) If the certificate of recognition of a professional company

has been revoked or is deemed to have been revoked, the name of the

company shall be removed from the Register.



SCHEDULE

FORM 1 (Rule 2)

THE BERMUDA BAR ACT 1974

APPLICATION

for a

CERTIFICATE OF RECOGNITION



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To: The Bermuda Bar Council.

I, [name of applicant] hereby apply on behalf of [name of company] (the

“Company”) for a Certificate of Recognition under section 16C of the

Bermuda Bar Act 1974 (the “Act”).

I hereby state that the following particulars are true—

1 I was admitted as a Barrister and Attorney under section 51 of

the Supreme Court Act 1905 and I am not now suspended under section

57 of that Act and my name is not now removed from or struck off the

Roll.

2 The Company was incorporated on [date] and the following items

accompany this application—

(a) a copy of the certificate of incorporation of the Company

(b) a copy of the memorandum of association of the

Company certified by the secretary of the Company;

(c) a list of shareholders and directors of the Company

certified by the secretary of the Company;

(d) a list of all barristers who are members or employees of

the company and all registered associates who are

employees of the company;

(e) a certificate of insurance confirming that the Company

has professional liability insurance under section

16B(1)(h) of the Act that meets the requirements of

paragraph 4 of the Bermuda Bar (Insurance) Rules

2009;

(f) a declaration under section 16C(6)(b) of the Act, signed

by a director of the Company, confirming that the

conditions set out in section 16B of the Act are met in

respect of the Company;

(g) fee of $750 (for a first application) or fee of $250 (for a

subsequent application)*

*delete whichever is inapplicable..





___________________________________________

Signature of applicant

Director of [name of company]



BERMUDA BAR (PROFESSIONAL COMPANIES) RULES 2009



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Dated this day of 20

(*delete whichever is inapplicable)

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FORM 2 (Rule 4)

THE BERMUDA BAR ASSOCIATION

THE BERMUDA BAR ACT 1974

CERTIFICATE OF RECOGNITION AS A PROFESSIONAL COMPANY

The Bermuda Bar Council hereby certifies that [name of company],

having complied with the requirements of section 16B of the Bermuda

Bar Act 1974 and paid the prescribed fee, is recognized as a professional

company under Part IVA of that Act, and as such is entitled to provide

professional services of the sort provided by individuals who practise as

barristers and attorneys in Bermuda, or act as registered associates in

Bermuda, for the period from the date of issue of this certificate to the

31st day of December, 20 .



Issued this day of , 20



_______________________________

Signature of President



_______________________________

Signature of Secretary

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Made by the Bar Council this 19th day of October, 2009





_____________________________________________

President







_____________________________________________

Secretary



Confirmed by the Chief Justice this 21st day of October, 2009





_____________________________________________

Chief Justice