FAQs

PROCEEDS OF CRIME ACT

What is an Account Monitoring Order?

This is an Order, made in accordance with Section 126 of the Proceeds of Crime Act, for the financial institution specified in the application for that Order to be required, for the period specified in that Order (which initially shall not be for longer than ninety days unless a further application for an extension of time is then made), to provide account information of the description specified in the Order, to an appropriate officer, in the manner and at the time or times specified in the Order. Such account information may include:- information as to all accounts held or transactions conducted within the specified period, by the person specified in the application for the Order; and/or a particular description of accounts held; and/or a particular account or transaction held or conducted.

Can the Court prevent a person's use of his properties whilst Court proceedings are pending regarding an application for forfeiture of those properties, under and in accordance with the provisions of the Proceeds of Crime Act?

Yes the Supreme Court can do so, upon application having been made to it for a restraint order and can do so without giving prior notice to any person or persons who would likely be directly affected by the making of such order.

However, once such an order has been made, a copy of the same shall be served on a person affected by that Order, in such manner as is prescribed by rules of Court. It is important to note though, that in order for a Court to lawfully be able to make such an Order, there are four specified bases in the Act and in the most likely to be often utilized of such, the Court must first be satisfied that one or the other of the following conditions is satisfied:-

There is reasonable cause to believe that an alleged offender has benefited from his criminal conduct and - i) a criminal investigation has been started in Jamaica with regard to the offence; or ii) proceedings for the offence have been commenced in Jamaica, but not concluded; or iii) the enforcing authority has made an application under Sections 5, 20, 21, 26 or 27, which had not been determined, or the Court believes that such an application is to be made.

INTELLECTUAL PROPERTY

What is a trademark?
A trademark includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name.

What is a service mark?
A service mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce, to identify and distinguish the services of one provider from services provided by others, and to indicate the source of the services.

Do I need to register my trademark?
No. However, federal registration has several advantages including notice to the public of the registrant's claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with the goods or services set forth in the registration.

What are the benefits of federal trademark registration?
1. Constructive notice nationwide of the trademark owner's claim.
2. Evidence of ownership of the trademark.
3. Jurisdiction of federal courts may be invoked.
4. Registration can be used as a basis for obtaining registration in foreign countries.
5. Registration may be filed with U.S. Customs Service to prevent importation of infringing foreign goods.

Do I need an attorney to file a trademark application?
No, although it may be desirable to employ an attorney who is familiar with trademark matters.

REAL ESTATE

When is a person purchasing a property entitled to possession?
The Agreement For Sale usually provides that the Purchaser is entitled to possession on payment of all the purchase money.

Who pays the Real Estate Agent's commission?
This is paid by the Vendor and is usually 5% of the sale price.

Who pays the Transfer Tax?
The Vendor pays this Tax.

ESTATE PLANNING

Why is making a Will important?
It gives the person making the Will the opportunity to decide how he wishes to dispose of his properties and to name the beneficiaries who he wishes to inherit his estate.

When is a Will valid?
A Will is valid if it is in writing, and is signed by the Testator (the person making the Will) in the presence of two or more witnesses who must sign in the presence of the Testator (Section 6 of the Wills Act).

Does property owned jointly by the deceased and at least one other person attract estate duties?
No. This property would not form part of the estate of the deceased, as the property would pass directly to the surviving owner(s).