Rules on immigration governing who may enter and stay in a country exist so that countries can control who crosses their borders. A country may well want to encourage certain categories of people to come and live there in order to benefit their economy. Often therefore immigration systems will have mechanisms in place to permit people [...]
Why have a shareholder agreement? Many limited companies are started by friends or former colleagues who have come up with a great business idea who have a desire to create a successful business. Whilst trying to focus on making the business a success many overlook the potential problems they are storing up for themselves by not [...]
I Insolvency Law, Policy & Procedure i Statutory Framework and Substantive Law Insolvency law on the Isle of Man is governed primarily by the following legislation: The Fraudulent Assignments Act 1736 Preferential Payments Act 1908 Preferential Payments and Other Acts (Financial Adjustments) Act 1973 Companies Act 1931-2004 Companies Act 2006 The primary legislation [...]
When a company is considering entering into a particular business venture considerable time is taken in discussing, negotiating and reviewing the contractual terms in the proposed agreement between the parties. Whilst focusing on key contractual terms of the proposed agreement, often the signing provisions to the agreement to bind the company are overlooked. Failure by a [...]
The Petition of Doleance The procedure on the Isle of Man for challenging or seeking judicial review of an administrative action is by way of a Petition of Doleance. “A petition of doleance is the process by which the High Court exercises its supervisory jurisdiction over the proceedings and decisions of inferior courts, tribunals and other [...]
At MannBenham we focus on providing a fast, high quality professional conveyancing service. Our team, which provides a full range of services including both domestic and commercial conveyancing, is Advocate led. Before we undertake any work, we will agree a fixed fee with you, so that you know what you will be paying. Our team will [...]
What is a Foundation? A foundation is an incorporated legal entity, which whilst sharing some similar aspects with limited companies and trusts, has some distinguishing features. A foundation has a separate legal personality and as such is capable of holding assets for its objects, and is capable of suing and being sued and prosecuted. However, by [...]
1 Relevant Authorities and Legislation 1.1 Which entities regulate what type of gambling activity in your jurisdiction? The Isle of Man regulator of all gambling activity is the Gambling Supervision Commission (“GSC”), which is an independent statutory board established in 1962. The GSC comprises the Inspectorate and the Commission. The Inspectorate is managed by its Chief [...]
Each case will be decided on its merits, however, the following set out the general principals. Any reference to the Act is a reference to the Matrimonial Proceedings Act 2003. Case law The House of Lords’ decision in the case of White v White significantly changed the general principles on which ancillary relief cases are settled. [...]
There is no statutory definition of a non-matrimonial asset, but the distinction between such assets and those that form part of the marital assets has been considered at length in case law. The court will have regard to any argument that property in non-matrimonial in nature as part of its consideration (in particular as to the [...]
