Immigration Update 2024

Introduction 1. The Fiji Government has introduced certain changes to Immigration process and requirements over the last year. These include: a new streamlined path for “priority work permit applications” the introduction of the Immigration (Amendment) Act 2023 (“Amendment Act”) and Immigration (Exemption by Descent) Order 2023 (“Order”) effective 10 October 2023; and allowing citizenship applications… Read more »

Announcement

  Munro Leys is excited to announce the promotion of Tamiana Low to the role of Associate, effective 1 January 2024.  This promotion reflects Tamiana’s contribution to the firm. Tamiana graduated with a Bachelor of Laws and a Bachelor of Commerce, specializing in finance, from the University of the South Pacific in September 2018. He… Read more »

“No Jab No Job” ends

Introduction 1. On 17 March 2023 the Health and Safety at Work (General Workplace Conditions) (Amendment) Regulations 2023 (2023 Regulations) were published in the Gazette, giving effect to the new Government’s promise to eliminate the July 2021 “No Jab, No Job” policy. 2. The 2023 Regulations delete Part 14A of the Health and Safety at… Read more »

Charitable Trusts Act 1945 – Annual Return reminder

Introduction The Charitable Trusts Act 1945 (Act) requires charitable trusts registered in Fiji to file a return with the Registrar of Titles (Registrar) at least once a year[1]. Requirements The annual return should contain the following details: names and addresses of all trustees names and addresses of current board members names, addresses and designations of… Read more »

Annual Solvency Resolution Reminder

This is our annual reminder to all Fiji companies about passing annual solvency resolutions. These are due within two months after the end of each financial year. Most Fiji companies use the calendar year as their financial year, meaning that annual solvency resolutions must be passed by 28 February in the following year. A company… Read more »

Announcement

  Two Munro Leys lawyers begin the year with promotions, effective 1 February 2023. Bhumika Khatri becomes a Senior Associate. Bhumika who joined Munro Leys in 2017, holds a first degree in Law from the University of the South Pacific and a Master of Laws degree from Victoria University, Wellington. Nishrat Bano, our new Associate,… Read more »

Investment (Reserved and Restricted Activities) (Amendment) Regulations 2022

Further to our legal alert of 23 June 2022, amendments have been made to the Investment (Reserved and Restricted Activities) Regulations 2022 (IRRAR). These amendments: provide that a foreign investor must bring, into Fiji, “at least FJD $300,000” within 3 months from the date of incorporation. Previously this referred to the “investment amount” which in… Read more »

Investment Act 2021 – more harm than help?

Poor legal drafting leaves us more confused (and slightly alarmed) Introduction 1. On 1 August 2022, Fiji moves to a new regime of foreign investment regulation. The old Foreign Investment Act 1999 (FI Act) ends and the new Investment Act 2021 (Investment Act) takes effect. The Investment Act is meant to eliminate the process of… Read more »

The 2022 minimum wage increases and the law

Introduction 1. During the 24 March 2022 ‘mini-budget,’ the Government announced it would incrementally raise the national minimum wage from the existing $2.68 to $4.00 an hour by 1 January 2023.  What does the law allow? National Minimum Wage increase 2. The Employment (National Minimum Wage) (Amendment) Regulations 2022 were gazetted on 7 April 2022,… Read more »

Announcement

Wen Fi Chen Jovilisi Liganivai Neelraj Sharma Daniel Naidu With a promotion and three new hires, Munro Leys is adding more lawyers to its team. Wen Fi Chen, the firm’s newest Associate, recently re-joined the Munro Leys Litigation Group after gaining a Master of Laws in International Dispute Resolution from King’s College, London as a… Read more »

Entities deemed deregistered

The Ministry of Justice has published on its website the names of businesses, locally incorporated companies and foreign companies deemed deregistered from “31 December 2021”. These are available at https://www.justice.gov.fj/deemed-dereg-listing/ The purported date of deregistration i.e. 31 December 2021 is wrong and should instead refer to 1 January 2022. The Companies Act 2015 in section… Read more »

Friendly Reminder – Annual Solvency Resolution

Directors of Fiji incorporated companies must pass a solvency resolution within two months of a company’s financial year-end. This resolution is not required to be passed by directors of a company that have lodged an annual report with the Registrar of Companies within the last financial year. As most companies’ financial year coincides with calendar… Read more »

Ready, steady – er, no Companies and business name re-registration extended until 31 December 2021

The deadline for digital re-registration for Fiji incorporated companies, foreign companies registered in Fiji and business names has been extended a fourth time. The new deadline is 31 December 2021, an extension of five months from 31 July 2021. This latest extension was perhaps inevitable given the ongoing disruption to workplaces, including the Companies Registry,… Read more »

Jabs, jobs and (maybe) judges

The new vaccination regulations are not straightforward Introduction 1. The Government’s radical new “no jab no job” Regulations may be a short-term fix for employers struggling with vaccine hesitancy in their workforce. But the Regulations may create other legal challenges. 2. Officially, the new rules are the Health and Safety at Work (HSW) (General Workplace… Read more »

Commerce under containment – Part 2

Some changes have been made overnight to the MCTTT Guidelines. Principally they are: (a) the inclusion of “primary produce and municipal markets” and “insurance companies” as essential businesses, (b) some clarity that businesses identified as “essential or supporting industries” do not require the “permit to operate”, and (c) that “approved manufacturing and businesses outside of… Read more »

Commerce under containment

Introduction 1. The Ministry of Commerce, Trade, Tourism and Transport (MCTTT) on 19 May 2021 released guidelines on how “essential” businesses and those supporting “essential” businesses can operate within the Government-declared containment areas at this time. These are available at the MCTTT website. 2. The guidelines suggest that Government thinks “containment” will be with us… Read more »

Covid-19

Following a renewed community outbreak of Covid-19 in mid-April 2021 and the restrictions announced by the Ministry of Health on 25 April regarding containment/lockdown zones effective in Suva and surrounding areas, our offices are closed. To the extent possible most staff are working remotely and can be contacted by email or phone. You may reach… Read more »

Our friendly 2021 solvency resolution reminder

Every Fiji-incorporated company must pass an annual solvency resolution (or a different form of resolution if its directors do not consider the company to be solvent on the usual tests) within two months of its financial year-end. Most Fiji-incorporated companies’ financial years coincide with calendar years. That means their solvency resolutions must be passed no… Read more »

Companies and business name re-registration extended (again) New expiry date is 31 March 2021

The Fiji Ministry of Justice has issued a public notice further extending the deadline for digital re-registration for Fiji incorporated companies, foreign companies registered in Fiji and other businesses required to register their business names. The (brief) announcement can be found here: https://www.justice.gov.fj/2020/12/31/public-notice-digital-registration-deadline-extended-to-31-march-2021 . The extension was necessary – and inevitable – given issues in… Read more »

Fiji – COVID-19 Update

Introduction 1. On 21 June 2020, the Hon. Prime Minister announced a range of new COVID19 related measures. These included the easing of restrictions and introduced “Phase 2” of Fiji’s COVID Safe Economic Recovery Framework. Fiji’s COVID Safe Economic Recovery Framework 2. This framework can be found at the Ministry of Commerce, Trade, Tourism and… Read more »

Fiji – Contracts and The Coronavirus

Introduction COVID-19 has hit hard and unexpectedly, drastically reducing our mobility and economic activity. Many of our businesses are built on key contracts with customers and suppliers. Some of these contracts cross national borders. What happens to contracts in a pandemic? Fiji’s economic response to this crisis is likely to be slower and weaker than… Read more »

Corona and Fiji Employers – Get the Law Right

Introduction Few employment laws, including Fiji’s Employment Relations Act 2007 (ERA), could foresee the COVID-19 crisis. Fiji employers, beginning with the flattened tourism industry, have had to move fast to conserve cash, including pay cuts and temporary layoffs. Now comes the paperwork. What’s legal? And how should these urgent arrangements be kept within the law?… Read more »

Change to Exchange Control Limits

Introduction 1. The Reserve Bank of Fiji (RBF) regulates external currency movements under the Exchange Control Act 1950. Thus RBF consent is needed for all external remittances over trading bank delegated limits, including capital and dividend repatriation. 2. As of 2 April 2020, due to the continuing adverse impact of COVID19 on the Fiji economy,… Read more »

Your friendly February Solvency Resolution Reminder

Attention company directors and secretaries: Under the Companies Act 2015 every Fiji company must pass an annual solvency resolution (or a different form of resolution if you do not consider the company to be solvent on the usual tests). This must be done within two months of a company’s financial year-end. For those companies who… Read more »

Companies and business name re-registration – ready, steady, go!

Time-frame for re-registrations 1. In our 15 July 2019 alert we advised of pending company and business name re-registration requirements. Re-registration starts on Wednesday, 15 January 2020 and: companies (including foreign companies) must be re-registered by 15 July 2020 business names must be re-registered by 15 October 2020. New companies and businesses can relax 2…. Read more »

PPSA – the transition period ends soon!

Introduction Earlier this year, we issued a legal alert on the Personal Property Securities Act 2017 (PPSA) available at https://www.munroleyslaw.com/the-ppsa-is-here/. Under the PPSA, 180 days was provided to secured parties to register “prior transactions” on the Personal Properties Securities Registry (PPSR). Prior transactions mean those concluded before 31 May 2019 (the date that the Act… Read more »

Companies and business name owners – re-registration is coming

Introduction 1. Most companies and business name owners will soon be required to re-register at the Companies Office[1]. Official sources expect this measure to be announced in the fourth quarter of this year. Companies and businesses which do not re-register will apparently be de-registered altogether. 2. These requirements, part of the Companies (Budget Amendment) Act… Read more »

The PPSA is here

Update – with effect from 1 August 2020 stamp duty in Fiji was abolished. Please review the references to stamp duty in this alert as subject to this development. Introduction A new law comes into effect on 31 May 2019 that will affect nearly everybody who lends borrows leases vehicles and equipment supplies goods on… Read more »

The Companies Act 2015 – Solvency Resolution Reminder

Introduction The Companies Act 2015 requires directors of companies to pass an annual solvency resolution[1]. A solvency resolution is defined in the Act[2] as a resolution by the directors of the company as to whether or not, in their opinion, there are reasonable grounds to believe the company will be able to pay its debts… Read more »

FRCS grows more teeth

New changes to penalty provisions are now even more challenging Introduction 1. National Budgets come and go. Most of us focus on changes in taxation or duty rates, new taxes or new tax breaks. But Budget changes also include administrative changes in laws. Those changes may have serious consequences for taxpayers. The most recent Budget… Read more »

Employment Relations (Budget Amendment) Act 2018

Introduction 1. In the 2018-2019 National Budget, the Government announced new leave entitlements which affect all employers and workers in Fiji. The new entitlements have been approved by Parliament in the Employment Relations (Budget Amendment) Act 2018 (“2018 Act”). 2. The 2018 Act amends the Employment Relations Act 2007 (“Act”) and introduces: (a) 5 days’… Read more »

NEW LAND SALES REGULATIONS 2016

In our 22 July 2016 alert we referred to the intention of the Government of Fiji to enact Regulations to govern offences, penalties and extensions of time on the construction deadline of 31 December 2016. These Regulations have now been issued (including, at the back of the Regulations, the six-page application form to be used… Read more »

Changes to Land Sales Act allow non-residents to apply to extend December deadline for building on residential land

Introduction 1. Earlier this month the Fiji Parliament enacted the Land Sales (Budget Amendment) Act 2016 (“Amendment Act”). The Amendment Act is aimed at non-resident owners of Fiji land caught by the 2014 law changes. They will now be able to apply for additional time beyond the existing December 2016 deadline to complete building on… Read more »

Employment taxation incentives

1. Introduction The Minister of Finance presented the 2016-17 National Budget to Parliament on Wednesday 23 June 2016 and introduced a number of budget amendment bills to the House. These bills were debated and enacted by Parliament on Friday 8 July 2016. 2. Employment The 2016-17 Budget is designed to focus on rehabilitation of public… Read more »

The Companies Act – Annual Registration Fees

Introduction The Companies Act 2015 requires a company to pay prescribed annual registration fees to the Registrar of Companies within 28 days of the anniversary of its registration date. This means, for example, that if a company (including a company formed before 2016) was registered on 1 April, registration fees must be paid not later… Read more »

Fair Reporting of Credit Act 2016

The Fair Reporting of Credit Bill, No 27 of 2016 was passed under urgency by the Fiji Parliament on Wednesday 27 April 2016. The Bill is expected to be enacted shortly and published in the Fiji Government Gazette. On commencement of the Fair Reporting of Credit Act, (on a date to be appointed by the… Read more »

Changes to the law for employees of “essential industries” Employment Relations Promulgation (Amendment) Act 2015

Introduction 1. A new Employment Relations Promulgation (Amendment) Act 2015 has been passed by the Fiji Parliament and published in the Gazette. It came into effect on 11 September 2015. 2. The Amendment Act makes a few changes to the Employment Relations Promulgation 2007 (“ERP”) which apply generally, but its main purpose is to repeal… Read more »

Income Tax Bill – No 22 of 2015

The Income Tax Bill is now in circulation, intended to repeal Fiji’s 41-year old Income Tax Act. It is understood that it will be debated in the November 2015 Parliamentary session with a view to it taking effect on 1 January 2016. That is less than four months away for those persons with year-ends which… Read more »

Workmen’s Compensation Amendments

Attached is a copy of the Workmen’s Compensation (Amendment) Act 2015 which was tabled, debated and passed by Parliament all on the same day – 8 July 2015. It came into force on 17 July 2015, the date it was officially published in the Gazette. Under the Workmen’s Compensation Act, an employer is liable to pay… Read more »

The New Government Regulations on Wages

Introduction 1. A number of Regulations governing wages (including the new National Minimum Wage) have just been published in the Gazette and were stated to come into effect, on 1 July 2015. We have some doubt about their validity. The uncertainty arising from these issues has the potential to be bad for everybody – employers,… Read more »

New Employment Relations Regulations 2015

LN 51 of 2015 – Employment Relations (National Minimum Wage) Regulations 2015 LN 52 of 2015 – Wages (Building and Civil and Electrical Engineering Trades) Regulations 2015 LN 53 of 2015 – Wages (Hotel and Catering Trades) Regulations 2015 LN 54 of 2015 – Wages (Manufacturing Industry) Regulations 2015 LN 55 of 2015 – Wages… Read more »

Fiji Immigration policy changes – short-term work permits

Introduction 1. People intending to work in Fiji have previously been able to apply for and obtain a Short Term (Work) Permit (STP) (enabling them to work for up to six months) while in Fiji on a four-month tourist visa.  As of 15 December 2014, the Fiji Immigration Department has advised us that this policy no… Read more »