The firm offers legal expertise to insurers and the insured alike, both at home and abroad. The firm practice covers primarily Title Insurance, International Variable Life Insurance and Annuities. With its expertise in asset protection, the firm utilizes the latter products for sophisticated asset protection and tax minimization planning as well. Captive Insurance Taking control of risk and risk financing are of primary importance to modern corporations, but also offers certain advantages to smaller closely-held businesses as well. Through proper risk management, risk-financing costs can be curtailed to give companies a competitive edge. The global captive insurance market has continued to thrive in the past few years, both in terms of new captive formations and new captive domiciles, and offers tremendous benefits when structuring efficient risk financing vehicles. New captive insurers generally provide a range of coverage options for a number of industries. Most were established to provide coverage where insurance was unavailable or unreasonably priced. These insurance subsidiaries or affiliates were often domiciled international financial, generally in Bermuda or the Cayman Islands. Recognizing this trend, Belize passed the International Insurance Act Chapter 269, found under the Laws of Belize. This legislation has worldwide appeal among clients and agents who seek the risk management benefits of these captives but also see tax advantages in their application. Advantages of Captives in Belize What Glenn D. Godfrey & Company Law Firm Can Provide Allow Godfrey Law Firm utilize their expertise in assisting you with the formation of a captive insurance company and the acquisition of the insurance license in Belize. Our experienced management and accounting staff can utilize our global network of specialists to accommodate all your needs, and even offer consultation in other jurisdictions as well. To learn more about Belize International Insurance Act and Glenn D. Godfrey Law Firmservices feel free to view the documentation below. You can also contact us and speak with one of our specialists, contact form or by email at attorneys@godfreylaw.net You can also fax us your inquiries at: 011+501-223-3501 or speak to our main office at: +011 501.223.3530
Probate
As the leading law firm in Belize, Glenn. D. Godfrey & Co. LLP, is well placed to help you with wills, probate and succession matters. Probate in Belize is the legal process of administering a deceased person’s estate, settling all claims made against the estate, and distributing the property of the deceased person’s. The assets belonging to the deceased at their time of death is subject to probate. Exceptions may apply to any assets placed in a form that allows it to bypass the process of probate, for example a trust or foundation. As the executor of an estate containing assets in Belize, such as a vacation home or a trust, it is prudent to seek the assistance of a Belize probate lawyer. If a person dies with a will, these are referred to as testamentary probate proceedings. If a person dies without a will, they are said to died intestate. Our team of experienced Belize probate attorneys regularly handle matters of Succession in the Supreme Court of Belize for both those that have died Intestate and those who have left Wills. The Wills Act, Chapter 203 of the Laws of Belize states for a will to be valid, it should be in writing and signed by the Testator plus two witnesses. We handle the preparation of wills and trust documents, the Administration of Estates and provide guidance on matters of estate planning. Upon the Testator’s death, a Grant of Probate should be applied for with the Probate Registry. At the time of applying for the Grant of Probate, the following items should be annexed – an affidavit authenticating the petition; an affidavit by the attesting witness to the will; an oath; an appraisal of the estate’s value; a bond; inventory of the estate’s assets; and a statutory declaration. After receiving a Grant of Probate, a notice to creditors will be printed in the government gazette and a local newspaper for two consecutive publications. The executor is then able to proceed with administering the estate in accordance with the will. Also, if the executor is not resident in Belize, we will help with nominating somebody to file for the Grant on their behalf. Should the deceased die without creating a Will (i.e. died intestate), the Administration of Estates Act lays out the process of distributing the estate. In such circumstances, the rights of the surviving spouse and children are given first priority, then parents, then siblings, with whole blood preceding before half-blood. For intestate proceedings, the administrator may submit a request to the court to grant them administration powers of the estate of the deceased by providing letters of administration including an administration petition, an affidavit authenticating said petition, an oath, a valuation of the estate’s assets, a bond supported by an affidavit, inventory of assets and a statutory declaration. Furthermore, notice must be given in the government gazette for three successive issues reflecting. Within two weeks of the last published notification, grant of administration is awarded, provided it is not contested by a third-party, and creditors are notified in the government gazette and in one newspaper for two consecutive editions. The administrator then has the green-light to dispense the estate’s assets in accordance with the succession laws of Belize. There are no estate taxes in Belize. As such, beneficiaries are not liable to pay any taxes on the properties (assets) they receive from the deceased’s estate. The probate process in Belize takes six to twelve months on average.
Business Development
Business Development Our attorneys provide legal support to corporations which, as a result of their desire to establish new commercial operations in Belize, need to negotiate contracts with governments for public bids, obtain permits to operate in the commercial free zone and export processing zones, acquire commercial and industrial licenses, secure radio and telecommunications licenses, or to conduct any other administrative transaction before the Belizean Government. Special emphasis must be placed on the vast experience our firm has acquired in assisting export – processing industries to become firmly established in Belize. The firm assists in obtaining all the required operation permits and licenses, as well as by having clients work in close cooperation with our Labour Department to draft specialized employment contracts and other related documents necessary for a successful operation. Legal Compliance Solutions With a global mindset, our global reach and domestic legal experience, we can meet compliance needs, wherever you do business. We can assist you with your global compliance needs by delivering integrated co-sourcing and outsourcing solutions for corporate income tax, indirect tax, statutory financial statements and corporate secretarial services.
Banking & Finance
Banking & Finance Glenn D. Godfrey & Company LLP has a very strong and disciplined team of Attorneys highly skilled in the areas of Banking and Finance. Belize is one of the new banking centers of the Caribbean with five operating international banks. This has allowed us to grow with the sector. Our international presence and reputation has contributed to our continuous expansion and success in this very dynamic field. Our services cover the entire spectrum of needs any client may encounter in its process of establishing and developing a banking operation in Belize. They range from the application for banking licenses drafting loan and security documentation associated with complex financing transactions, providing legal advice for operational activities to debt collection and other contentious matters.
Immigration Law & Retiring in Belize
Immigration Law Practice Our firm offers clear, practical guidance across all areas of immigration law. We help clientsnavigate immigration applications, understand compliance requirements, and make sense ofBelize’s immigration laws, procedures, and common practices.We work with both local and international clients on a wide range of immigration matters. Ourfocus is on providing responsive, client-centered service with straightforward advice andefficient solutions that get results.Our Immigration Services Include advising on: Our law firm provides legal assistance on processing of resident visa and work permits for foreign individuals wishing to work in Belize. The same service is provided to executives and technical employees of companies that require foreign personnel due to the nature of their commercial activities. Whether looking for your permanent residency or the Qualified Retirement Persons program, Glenn D. Godfrey & Company LLP helps you to understand the process of retiring in Belize, so you can call Belize home in your retirement years.
Admiralty & Shipping
Admiralty & Shipping Belize offers an extremely efficient and cost-effective Registry, The International Merchant Marine Registry of Belize (IMMARBE), with an excellent reputation for integrity and reliability. Complementing this quality service, the firm offers efficient legal services in the drafting, preparation and registration of all documents necessary for ship registration and for matters connected therewith. The firm also provides offshore, fiduciary, registered office/agent and shipping agent services as well as practical advice to shipping companies in all matters of shipping/admiralty law including, but not limited to, Ship Registration, Ship Financing, Ship Mortgage Registration and Ship owner’s Liability. Belize Ship Registration Our Firm acts as an Agent assisting clients with the compilation and preparation of required documents and information for registration. IMMARBE facilitates Provisional Registration, Permanent Registration, Dual Registration and Special Registration of vessels. Provisional Registration may be processed and granted using copies of required documentation. This type of registration is temporary and valid for six months during which time the shipowner or his representative is expected to gather all documents necessary for permanent registration. Provisional Registration is applied for in cases where the shipowner requires registration but is not yet able to supply all required documentation for permanent registration. Vessels under construction may also apply for and be granted provisional registration under special conditions. Permanent Registration is valid for five years and is effected immediately upon submission of all required documentation. All documents submitted must be in the English language, and if otherwise must be accompanied by an official English translation thereof. Original documents submitted must be certified by a notary public or other recognized and authorized public official who must certify the authenticity of the signature(s) appearing on the document as well as the authority of the person executing the document. Documents submitted in copy form must be certified by a notary public or other recognized and authorized public official who must certify the authenticity of the signature(s) appearing on the document as well as the authority of the person executing the document and must certify that the document is a true copy of its original. IMMARBE also allows for Bareboat Charter Registration. Vessels may be registered as a second flag (“Charter-in”) under the terms of a Bareboat Charter Party provided that the original Registry grants its written consent. Vessels may also apply for a parallel registration in another country’s registry without affecting its status in Belize (“Charter-out”). Charter-in and Charter-out registrations may be authorized for a period of up to two years. Vessels may also apply for Special Registration under certain circumstances such as on delivery voyage for scrap. Applying for and being granted Special Registration allows for documents to be issued with a validity of three months and automatic expiration when this period elapses. This special status does not entitle the vessel to a Deletion Certificate. The Merchant Ships (Registration) Act, 2010 also provides for the registration of ship mortgages and maritime liens. Applications
Real Estate
Real Estate The firm provides comprehensive legal services in all matters concerning real estate law. Our team of attorneys and support staff have amassed decades of experience and expertise in real estate transactions including, but not limited to, Leasing, Mortgaging, Purchasing, and Selling of Property. This encompasses land for residential, commercial or industrial purposes. The firm also provides legal counsel and advice on obtaining subdivision approval, strata (condominium) titles and all other matters relating to land development and housing schemes. Buying Land in Belize Looking to buy land in Belize? Glenn D. Godfrey & Company LLP can help with that too. Whether you are buying land in Belize as part of your retirement plan or looking to add investment properties to your portfolio, we can help you navigate the process. You do not have to be a citizen to do so, but you do need to ensure you meet certain legal requirements. With our years of experience, the firm can help with it all, including title searches, past purchase agreements, and adhering to any local laws. Make buying land in Belize easy with the expertise you get from our highly qualified team. If retiring in Belize to your very own property is part of your dream, start the process today with Glenn D. Godfrey & Company LLP.
Intellectual Property
50 Years Of Local & International Law Experience Glenn D. Godfrey & Company LLP Trademarks and Patents in Belize Intellectual Property Belize has recently enacted excellent laws for the protection of intellectual property including copyright trademarks, patents, layout designs (topographies) of integrated circuits, industrial designs, and new plant varieties. Belize is also a member of the World Intellectual Property Organization and is a signatory to numerous international intellectual property conventions. The attorneys of Glenn D. Godfrey & Company Co LLP offers complete and thorough counsel and assistance in the registration (if available) and protection of all types of intellectual properties in Belize. In addition, the firm provides representation associated with the protection of intellectual property rights in administrative or judicial proceedings. Individual corporations in High-Tax jurisdictions may realize significant tax advantages by selling their Ownership of Copyrights, Patents, Trademarks, Licenses of Franchises to an offshore company usually in a single-payment purchase. Read More about Trademarks and Patents in Belize. What is Intellectual Property? Intellectual Property is an entitlement to enforce incorporeal rights in mental creations such as inventions, literary and artistic works, symbols, names, and images used in commercial or social-networking forums. Intellectual Property is divided into two categories – Industrial Property and Copyright. Industrial Property includes Trademarks and Patents. A Trademark is a graphic design or emblem used to distinguish the goods or services of a business or professional undertaking from the goods or services of other businesses or professional undertakings. A patent is the legal entitlement granted to protect an invention. The other main area of Intellectual Property is Copyright. Copyright is the legal protection granted to the creator of an original literary or artistic work. This is the exclusive right granted to perform, authorize, or prohibit certain acts in relation to the Copyrighted work. Trademark Fees SEARCHES Professional Fee Government Fees (a) Search where the search is to be followed by application for registration $50.00 $10.00 (b) Where search alone is conducted $150.00 $10.00 REGISTRATION & ASSIGNMENTS (a) Application for registration(in one international class) $300.00 $212.50 (b) Each Additional Class (up to five classes total) $100.00 $37.50 (c) Recordal of Assignment $300.00 $87.50 RENEWAL & CHANGES (a) Renewal (prior to expiration) $250.00 $162.50 (b) Renewal (after expiration) $250.00 $187.50 (c) Recordal of Changes $150.00 $87.50 CONTENTIOUS MATTERS (a) Opposition to Registration of Mark ** $62.50 (b) Answer to opposition ** $62.50 OTHER MATTERS (a) Application to record/cancel record/record transfer of licence-contract $250.00 $87.50 (b) Surrender of registration $200.00 $100.00 **Courier, Bank charges, and other disbursements are billed to the client. Intellectual Property in Belize In 2000 Belize joined the World Intellectual Property Organization (www.wipo.org) and signed onto the Patent Cooperation Treaty (articles) and has since enacted a comprehensive set of modern TRIPS compliant Intellectual Property registration and protection laws. All IP matters in Belize are dealt with by the Belize Intellectual Property Office (BELIPO) (www.belipo.bz) which also acts as the National Intellectual Property Registry. Trademarks Background Prior to the enactment of the June 22, 2000 Trademarks Act, most Trademarks in Belize could only be protected through a system of so-called “Cautionary Notices”. Only trademarks that had been registered in the UK could be registered in Belize. The new Trademarks Act repealed the United Kingdom Trademarks Act and the Merchandise Marks Act. Any marks previously registered under the United Kingdom Trademark Act upon expiry required re-registered under the new Act. All marks previously “protected” by Cautionary Notices now required registration with BELIPO. Nice Classification Belize is a party to the International Classification of Goods and Services for the Purposes of the Registration Agreement (NICE). The NICE Classification was incorporated into local Trade Mark Law by Direction issue under Rule 59 of the Trademark Rules as set out in BELIPO Intellectual Property Journal Vol. 6- No. 4. Each country which is a party to the Nice Classification Agreement is obliged to apply the Nice Classification in connection with the registration of marks, either as the principal classification or as a subsidiary classification, and has to include in the official documents and publications relating to its registrations of marks the numbers of the classes of the Classification to which the goods or services for which the marks are registered belong. The NICE classification is available at: http://www.wipo.int/classifications/nivilo/nice/index.htm Use of the Nice Classification is mandatory not only for the national registration of marks in countries party to the Nice Agreement, but also for the international registration of marks effected by the International Bureau of WIPO, under the Madrid Agreement Concerning the International Registration of Marks and under the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, and for the registration of marks by the African Intellectual Property Organization (OAPI), by the African Regional Intellectual Property Organization (ARIPO), by the Benelux Trademark Office (BBM) and by the Office for Harmonization in the Internal Market (Trade Marks and Designs) (OHIM). Application for Registration An application for registration of a trademark must be made to the Registrar of Intellectual Property.4 The application shall be in the form set out in Schedule II (FORM NO. 3) to the Trade Marks Rules (the Rules), and shall contain a request for registration of a trademark, the name, and address of the applicant, a statement of the goods or services featured in the application and a representation of the trademark. The application must also contain a statement that the trademark is being used by the applicant or a licensee or that he has a bona fide intention to use the trademark. The applicant must demonstrate a definite and present intention to deal in the goods or services for which the trademark is registered. The application is subject to payment of the application fee and other appropriate class fees prescribed in Schedule I to the Rules. Such payments shall be made in Belizean currency or in an equivalent amount in a convertible foreign currency. The filing date of the application is the date on which all the requirements highlighted earlier are furnished to the
Corporate & Commercial Law
Corporate & Commercial Law The firm offers advice on a wide range of issues affecting corporate and industrial clients, many of which are foreign corporations and transnationals doing business in Belize. Our work includes preincorporation matters, company formation, corporate finance, joint ventures, mergers and acquisitions, as well as complex matters that may arise during the life of a corporation, such as shareholders’ actions, enforcement of shareholders’ agreements, etc. The close relationship which we usually develop and maintain with our clients also enables us to effectively advise them on legal issues that may affect overall company strategy and the conduct of business activities. Besides our traditional corporate work, our offshore practice has sustained tremendous growth in the last decade. Our main services in this area are comprised of company formation and management, opening and managing bank accounts, commercial representation of companies and trustee services.