Portia J. Nicholson

Corporate and Commercial Partner, Portia J. Nicholson, is Chair of the Firm’s Tax practice group. She also serves as Deputy-Chair of the Commercial Transactions and Securities & Investment practices groups. With over 30 years’ experience, she has acted as lead counsel to, or been involved in, many domestic and cross border commercial transactions, including Mergers and Acquisitions, high value structured finance transactions, Initial Public Offerings and Private Placements of Securities, as well as Commercial Real Estate developments.

Prior to joining the firm in 2005, Portia was Director, Portfolio Management at the National Investment Bank of Jamaica (now the National Development Bank), where she had previously served in the capacities of Legal Officer and Coordinator of the Jamaican Government’s Employee Share Ownership Programme.

Portia is a Director of the Bahamas Financial Services Board. She is ranked as a ‘leading individual’ by Legal 500 Caribbean (2018-2024).

Portia earned an LL.B. degree (Honours, Upper Second Class Division) from the University of the West Indies and a Legal Education Certificate from the Norman Manley Law School. She obtained an MBA from Nova Southeastern University, where she was nominated to the Dean’s Honors List. Portia’s continuing executive training has included Harvard Business School’s Focused Financial Management Series and courses in Investment Management at the Jamaica Institute of Bankers. She is a member of the Jamaica Bar Association and an Advanced Toastmaster, Silver category. She is a former adjunct lecturer at the University College of the Caribbean and a past president of Nova Southeastern University Alumni Association. She was also a director of the Association of Women’s Organisations of Jamaica and chaired its legal team.

Education

• University of the West Indies (LL.B.) (Hons.), Kingston, Jamaica and Cave Hill, Barbados
• Norman Manley Law School, Kingston, Jamaica
• Nova Southeastern University (M.B.A.), Ft. Lauderdale, Florida

Executive training

• Harvard University, (Financial Management), Boston Massachusetts
• Jamaica Institute of Bankers (Investment Management), Kingston Jamaica

Bar admissions

Jamaica, 1986

Professional memberships

• Jamaica Bar Association
• Bahamas Financial Services Board (Director)

Community

Toastmasters International (Advanced Toastmaster, Silver)

Experience

• Acted in respect of private placement of bonds, including structuring bond transactions and drafting bond documents.
• Provided advise on Taxation, especially Bahamian Stamp Duties and Value Added Tax; FATCA and the Automatic Exchange of Information under CRS.
• Acted in relation to numerous corporate mergers, acquisitions, restructurings, insolvencies, resolution planning, re-domiciliation, liquidation, and shareholder’s agreements, and advised in respect of shareholder disputes.
• Advised local financial institutions in respect of regulatory matters and assisted in resolving regulatory defaults with the Central Bank of The Bahamas.
• Acted in the development of a commercial container port as a joint venture between the Government of The Bahamas and a consortium of shipping industry concerns; and the subsequent initial public offering in respect of same.
• Represented a major international enterprise in relation to a joint venture with, and subsequent acquisition of, a local brewery followed by an initial public offering of shares to the Bahamian public.
• Provided advice in respect of several international franchising agreements.
• Acted in the acquisition, sale, lease and development of resort hotel properties in several Islands of The Bahamas including New Providence, Grand Bahama, Abaco, Eleuthera and Bimini.
• Acted as local counsel to international banks in relation to financing transactions with the Government of The Bahamas.
• Acted as Special Counsel in respect of numerous cross border financing transactions and corporate restructure projects and provided advice in respect of the agreements of the Loan Market Association, International Swaps and Derivatives Association, Securities Industry and Financial Markets Association and International Capital Market Association.
• Acted as local counsel to several international business entities in their negotiations with Government, including with respect to the generation and distribution of energy, and services related to national health insurance.

Publications

• Loans & Secured Financing, Lexology GTDT – Bahamas (2023)
• International Comparative Legal Guide, Fintech – Bahamas (2022)
• Cybercrime under Bahamian Law, Volume 61 Issue 1, Focus (2017)
• Under Whose Influence? Enhancing Central Bank Oversight of Controlling Persons, Volume 59, Issue 3 Focus (2015)
• How will FATCA affect your Trust? Volume 581, Issue 2, Focus (2014)
• Clawbacks, Shadows and Other Curiosities – the Coming Insolvency Regime, Volume 56, Issue 2, Focus (2012)
• The Bahamas & the World Trade Organisation (with Darren Pickstock), Volume 51, Issue 2, Focus (2007)
• Case Report: Attorney General v Rivkin, Kennedy, Richardson et al, Volume 51, Issue 2, Focus (2007)
• Digital Dealings – The Status of Electronic Transactions under the Electronic Communications Transactions Act, Volume 44, Issue 3, Focus (2006)

Recognition

The Legal 500 Caribbean, Leading Individual (2019-2024)