8 June 2012 Government Notices

TAKE NOTICE of a Special Session of The Liquor Licensing Authority for the Central District on the 2nd day of July, 2012 at 9:15 a.m. at Hamilton Magistrates’ Court No. 1, to hear the application of Brian W. Billings for the grant of a Tour Boat Licence in respect of Bright Star II.

The Manager of the Business is Brian W. Billings.

Any person ordinarily resident in the Parish or any owner or occupier of any property lying within three hundred yards of the premises in respect of which this application is made may object to the grant of the license provided written notice containing, in general terms, the grounds of the objection is served on The Chairman of The Liquor Licensing Authority, The Commissioner of Police and The Applicant not less than three days before the hearing.

His Excellency The Governor, after consultation with the Chief Justice, has approved the appointment of Mr. Justin Williams, Barrister & Attorney to act as Magistrate & Coroner for the period 6th – 8th June 2012.

Dated this 4th day of June 2012

No. 485

BOARD OF TOURISM 

Bermuda Constitution Order 1968, Section 61

Mr. Maxwell Burgess – Chair

Mr. John Jefferis – Deputy Chair

Mr. Kevin Bean 

Mrs. Michelle Cox 

The Hon. David Dodwell, JP

Mr. Chris Furbert

The Hon. Randolph Horton

Senator Vincent Ingham 

Ms. Selena A. Fields Lambert 

Mrs. Joanne MacPhee

Mrs. Isabelle Ramsey-Brackstone 

Mr. Daniel Reece 

Mrs. Muriel Richardson 

Mr. Edward Shapard 

Mr. George Terpilowski

The Hon. Mr. Michael Winfield, JP 

Ex Officio Members 

The Director of Tourism - Mr. William Griffith 

The Director of Global Operations - Mrs. Ann Shutte

The Airport General Manager - Mr. Aaron Adderley 

The Chief Executive Officer of the Bermuda Hotel Association - Mr. John Harvey 

NO. 486

Notice is hereby given that application has been made to the Minister of National Security, by the following person for the grant of Bermudian status under the provisions of section 19A of the Bermuda Immigration and Protection Act, 1956, (viz: has been married to the same Bermudian for ten [10] continuous years, during that marriage has been ordinarily resident in Bermuda for seven [7] years, the last two [2] years of which must be continuous to the date of application; has been living together with his/her Bermudian spouse as husband and wife continuously for the two [2] years immediately preceding his/her application; and is of good character and conduct.)

CLORAN-STUBBS, Elisa Louise, 9 Lemon Grove Road, Hamilton Parish CR01

N.B. Any person, who knows if any of the above provisions have not been fulfilled, or why Bermudian status should not be granted to the applicant, should send a written statement to the Chief Immigration Officer, Department of Immigration, P.O. Box HM 1364, Hamilton HMFX no later than 25 June, 2012. 

NO. 487

Notice is hereby given that application has been made to the Minister of National Security, by the following person for the grant of Bermudian status under the provisions of section 19 of the Bermuda Immigration and Protection Act, 1956, (viz: are at least eighteen years old; have been ordinarily resident in Bermuda for ten [10] continuous years immediately preceding application; have a qualifying Bermudian connection and is of good character and conduct.)

MILLER-BUSBY, Kai Netifnet, 76 Robert’s Avenue, Devonshire Parish HM16

PACHECO, Luciana Stasha, 75 Radnor Road, Hamilton Parish CR01

N.B.  Any person who knows if any of the above provisions have not been fulfilled, or why Bermudian status should not be granted to the applicants, should send a written statement to the Chief Immigration Officer, P.O. Box 1364, Hamilton HMFX, no later than 25 June, 2012.

Ms. Rosemary Tyrrell has been appointed to act as Permanent Secretary for the Ministry of Business Development and Tourism for the following period of 1st – 30th June 2012

TAKE NOTICE of a Special Session of The Liquor Licensing Authority for the Eastern District on the 2nd day of July, 2012 at 9:15 a.m. at Hamilton Magistrates’ Court No. 1, to hear the application of Benjamin Lee Smith for the grant of a Night Club Licence in respect of Club Minaj located at #50 Water Street in the Town of St. George’s.

The Manager of the Business is Benjamin Lee Smith.

Any person ordinarily resident in the Parish or any owner or occupier of any property lying within three hundred yards of the premises in respect of which this application is made may object to the grant of the license provided written notice containing, in general terms, the grounds of the objection is served on The Chairman of The Liquor Licensing Authority, The Commissioner of Police and The Applicant not less than three days before the hearing.

Ms. Lisa Lister, Executive Officer of the Human Right Commission, has been appointed to act as Director of the Department of Human Affairs from 4 June, 2012 to 15th June, 2012. (inclusive) 

During the absence of the Commissioner of Police Mr. Michael A. DeSilva CPM, FCMI, The Governor, Mr. George Fergusson has appointed Deputy Commissioner of Police Mr. Michael A. Jackman BSc (Hons), FCMI as Acting Commissioner of Police for the period 4th June 2012 to 13th June 2012.

Dated this 4th day of June, 2012

Pursuant to the requirements of Subsection (2) of Section 7 of The Professional Surveyors Registration Act, 1997, notice is hereby given that the following name has been entered in the Register of Professional Surveyors:-

SIMPSON, Philip JamesQuantity Surveying

Mrs. Judith Welch, Business Manager, has been appointed to act as Director of Energy from 6th – 15th June 2012 (inclusive).

The Director of Civil Aviation for the Overseas Territory of Bermuda (“the Territory”), pursuant to a designation by His Excellency the Governor under article 153 and in exercise of his powers under article 146 of the Air Navigation (Overseas Territories) Order 2007 (“the Order”) hereby exempts Oger Aviation Holdings Ltd. (“the Applicant”) from full compliance with the provisions of article 4(3)(d) of the Order insofar as it requires an applicant for registration of an aircraft on the aircraft register of the Territory to have a principal place of business in any part of the Commonwealth, subject to the conditions below.

Conditions:

1.The Applicant shall be incorporated in the Territory in accordance with The Companies Act 1981.

2.The Applicant shall at all times whilst the aircraft concerned remains on the register of aircraft in the Territory maintain a registered office in the Territory in accordance with The Companies Act 1981 and comply with all relevant requirements as to the filing of returns and other documents at all times.

3.The Applicant shall immediately notify the registry of any changes in its circumstances or legal status.

4.The Applicant shall provide full details of their principal place of business and of their management and of any change therein.

This exemption is valid until 31st May 2013 unless previously suspended or revoked either generally or in relation to a specific case.

Dated: May 31st 2012

His Excellency the Governor has been pleased to reappoint Mr Andrew Bermingham, CPM(G), QPM, JP to the Police Complaints Authority for a period of three years with effect from 1 May 2012.

•The applications shown below are available for review during normal working hours at the Department of Planning, 3rd Floor, Dame Lois Browne Evans Building, 58 Court Street, Hamilton HM12.

•Any person wishing to object must do so within 14 days of the date of this publication (June 22, 2012).

•Letters of objection should state any interest which the objector(s) may have in property nearby, supply an address at which notice may be served on the objector(s) and provide a concise statement of the grounds of objection.

•For further information on the objection procedure see the Development and Planning (Applications Procedure) Rules 1997.

ApplicationApplication #

City of Hamilton

ASW House Ltd. c/o Barclay SimmonsP0197/12

4 Wesley Street, City of Hamilton

Proposed Change of Use to Interior Fit-Out on the First Floor of Building #4 to Create a New Café.

(Final)

Devonshire

Somerfield Academy c/o Dr. Jim ChristopherP0198/12

107 Middle Road, Devonshire

Proposed New Shade Structure on Existing Upper Balcony and Enclosure of Lower Open Terrace with Windows and Doors to Create New Common Room.

(Final)

Hamilton

Outerbridge, Mr./Mrs. Shawn & WendyP0201/12

Vacant Lot South of 29 Cottage Hill Road West,, Hamilton Proposed Revisions to Existing Approved Dwelling.

(Final)

Pembroke

William Frith Ltd.P0202/12

58 Pitts Bay Road, Pembroke

Proposed 2 Storey Extension to Existing Dwelling and New Car Turn Around.

(Final)

Smiths

Botelho Wood ArchitectsP0196/12

1 Watch Hill Road, Smiths

Proposed Addition of Master Bedroom Ensuite and Guest Suite, including New Tank and Cess Pit.

(Final)

Manzana, Mr. CesareP0200/12

57 Harrington Sound Road, Smiths

Proposed Second Storey Adding to Existing House Creating Additional Bedroom, Walk in Closet and Storage Room.

(Final)

Southampton

Mouchette, Mr. AnthonyP0199/12

22 Whaling Hill, Southampton

Proposed Internal Conversion to Create a Second (2nd) Dwelling Unit.

(Final)

St. George’s

Ridings, Mr./Mrs. B.P0203/12

24 Shore Lane, St. George’s

Proposed Demolition of Existing Premises and Construction of New Single Dwelling Unit (4 bedrooms) - Swimming Pool, New Driveway and Site Works.

(Final) 

Notice is hereby given that person who has grounds of Opposition to the registration of any of the Marks advertised herein according to the Classes under the heading “Trademark Applications advertised before Registration” may within two months from the date of this publication lodge with the Registrar Notice of Opposition in writing in duplicate accompanied by a fee of $155 payable either by cheque made payable to the Accountant General, by cash or by Revenue Stamp obtainable at the Office of the Accountant General.

N.B. All trademarks are published under the NICE CLASSIFICATION (Ninth Edition) NCL (9)

TRADEMARKS APPLICATIONS ADVERTISED BEFORE REGISTRATION

Applications for registration in Part A are shown with the Official Number unaccompanied by any Letter.

Applications for in Part B are distinguished by the Letter B prefixed to the Official Number.

Class 35

Application under Section 24 for a series of three marks. The third mark in the series is limited to the colours red, white and black as shown on the form of application.

50656. Retail services and computerized on-line retail services connected with the sale of pre-recorded videos and audio, video and audio-visual recordings and content; all included in Class 35. NETFLIX, INC., 100 Winchester Circle, Los Gatos, California 95032, United States of America - 05/04/2011. Address for service is CONYERS DILL & PEARMAN LIMITED, P.O. Box HM 666, Hamilton HM CX, Bermuda.

To be associated with mark no: 50655, 50657, 50658

Class 38

Application under Section 24 for a series of three marks.  The third mark in the series is limited to the colours red, white and black as shown on the form of application.

50657. Communications services; telecommunications services; telecommunications access services; streaming services via computer, the Internet and other communications networks, including audio, video, and audiovisual material; video-on-demand transmission services; video broadcasting; transmission of voice, data, images, signals, messages and information; communication by computer; telecommunications connections to electronic communications networks, broadcasting services; providing on-line bulletin boards for the transmission of messages; all included in Class 38. NETFLIX, INC., 100 Winchester Circle, Los Gatos, California 95032, United States of America - 05/04/2011. Address for service is CONYERS DILL & PEARMAN LIMITED, P.O. Box HM 666, Hamilton HM CX, Bermuda.

To be associated with mark no: 50655, 50656, 50658

Class 41

Application under Section 24 for a series of three marks.  The third mark in the series is limited to the colours red, white and black as shown on the form of application.

50658. Education; providing of training; entertainment; sporting and cultural activities; providing on-line educational and entertainment services; rental of video recordings, pre-recorded videotapes, digital video disks, multimedia recordings; rental of video recordings, pre-recorded videotapes, digital video disks by means of communications networks; providing information, reviews and personalized recommendations in the field of entertainment; providing information, reviews and personalized recommendations in the field of entertainment by means of communications network; all included in Class 41. NETFLIX, INC., 100 Winchester Circle, Los Gatos, California 95032, United States of America - 05/04/2011. Address for service is CONYERS DILL & PEARMAN LIMITED, P.O. Box HM 666, Hamilton HM CX, Bermuda.

To be associated with mark no: 50655, 50656, 50657

Class 9

CADILLAC CUE

50846. Electronic interlace module sold as an integral part of a motor land vehicle for wired and wireless interface of handheld electronic devices; software for mobile telephones that provides users the ability to remotely control features of a motor vehicle, including, locking and unlocking vehicle doors, starting or turning off the vehicle engine; remotely check status of motor vehicle operating systems, including, engine oil life, fuel level, tire pressure and battery charge, and connect to a call center for assistance; all included in Class 9. GENERAL MOTORS LLC, 300 Renaissance Center, City of Detroit, State of Michigan 48265-3000, United States of America - 09/06/2011. Address for service is FIRSTMARK LTD., Jardine House, 4th Floor, 33-35 Reid Street, Hamilton HM 12, Bermuda.

To be associated with mark no: 47354

Class 30

50897. Bread, biscuits, buns, rolls; cereals; cookies; flour, muffin mix, pancake mix, bakers mix; frozen waffles; English muffins, cakes, pastries and crackers; all included in Class 30. ROMAN MEAL COMPANY, 2101 South Tacoma Way, Tacoma, Washington, 98409, United States of America - 15/06/2011. Address for service is FIRSTMARK LTD., Jardine House, 4th Floor, 33-35 Reid Street, Hamilton HM 12, Bermuda.

To be associated with mark no: 8746, 8753

Class 3

CND SHELLAC

Registration of this mark shall give no right to the exclusive use of the letters, “C”, “N” and “D”

50924. Nail care preparations; nail enamel, nail hardeners, nail polish, nail varnish; all included in Class 3. CREATIVE NAIL DESIGN, INC., 1125 Joshua Way, Vista, CA 92083, United States of America - 04/07/2011. Address for service is SMITH & CO, P O Box HM 2893, Hamilton HM LX, Bermuda.

To be associated with mark no: 50922, 50926, 50928

Class 11

CND SHELLAC

Registration of this mark shall give no right to the exclusive use of the letters “C”, “N” and “D”

50925. Ultraviolet ray lamps (not for medical purposes); all included in Class 11. CREATIVE NAIL DESIGN, INC., 1125 Joshua Way, Vista, CA 92083, United States of America - 04/07/2011. Address for service is SMITH & CO, P O Box HM 2893, Hamilton HM LX, Bermuda.

To be associated with mark no: 50923, 50927

Class 10

The mark is limited to the colours blue (Pantone 7455), green (Pantone 397) and brown (Pantone 466) and white as shown on the form of the application.

50947. Medical, surgical, dental and veterinary apparatus and instruments; artificial limbs, eyes and teeth; orthopaedic articles; suture materials; imaging apparatus and X-ray apparatus for medical use; all included in class 10. SANOFI-AVENTIS, 174, avenue de France, 75013 Paris, France - 07/07/2011. Address for service is COX HALLETT WILKINSON LIMITED, P.O. Box HM 1561, Hamilton HM FX, Bermuda.

To be associated with mark no: 50935, 50942, 50954

Class 16

The mark is limited to the colours blue (Pantone 7455), green (Pantone 397), brown (Pantone 466) and white as shown on the form of the application.

50948. Printed matter on media of all kinds; newsletters, newspapers, magazines, periodicals, books, journals, posters distributed in relation to the field of healthcare; all included in class 16. SANOFI-AVENTIS, 174, avenue de France, 75013 Paris, France - 07/07/2011. Address for service is COX HALLETT WILKINSON LIMITED, P.O. Box HM 1561, Hamilton HM FX, Bermuda.

To be associated with mark no: 50933, 50936, 50937, 50940, 50942, 50945, 50949, 50952, 50954

Class 35

The mark is limited to the colours blue (Pantone 7455), green (Pantone 397), brown (Pantone 466) and white as shown on the form of application.

50949. Business consultation services; consultation services, namely, providing consumer information regarding products; advertising and marketing services; business administration and management in the fields of healthcare; promoting public awareness campaign regarding healthcare; all included in class 35. SANOFI-AVENTIS, 174, avenue de France, 75013 Paris, France - 07/07/2011. Address for service is COX HALLETT WILKINSON LIMITED, P.O. Box HM 1561, Hamilton HM FX, Bermuda.

To be associated with mark no: 50936, 50937, 50948

Class 38

The mark is limited to the colours blue (Pantone 7455), green (Pantone 397), brown (Pantone 466) and white as shown on the form of application.

50950. Telecommunications services and notably transmission of information via radio, telephone, televisions, and computer terminals through internet web sites regarding healthcare; transmission of information for others in the field of healthcare; communication of information addressed to patients or healthcare professionals via computer, internet, television, and radio; providing online chat rooms and electronic bulletin boards for the transmission of messages among computer users concerning healthcare, pharmaceuticals, pharmaceutical and medical developments; all included in class 38. SANOFI-AVENTIS, 174, avenue de France, 75013 Paris, France - 07/07/2011. Address for service is COX HALLETT WILKINSON LIMITED, P.O. Box HM 1561, Hamilton HM FX, Bermuda.

To be associated with mark no: 50938

Class 40

The mark is limited to the colours blue (Pantone 7455), green (Pantone 397), brown (Pantone 466) and white as shown on the form of application.

50951. Custom manufacture and storage in the field of healthcare; all included in class 40. SANOFI-AVENTIS, 174, avenue de France, 75013 Paris, France - 07/07/2011. Address for service is COX HALLETT WILKINSON LIMITED, P.O. Box HM 1561, Hamilton HM FX, Bermuda.

To be associated with mark no: 50939

Class 41

The mark is limited to the colours blue (Pantone 7455), green (Pantone 397), brown (Pantone 466) and white as shown on the form on the application.

50952. Education and training in the field of healthcare; arranging of seminars, conferences and congresses in the aforesaid field; publication of magazines, books and guides, digital and electronic tools for information and training in the health care field; all included in class 41. SANOFI-AVENTIS, 174, avenue de France, 75013 Paris, France - 07/07/2011. Address for service is COX HALLETT WILKINSON LIMITED, P.O. Box HM 1561, Hamilton HM FX, Bermuda.

To be associated with mark no: 50936, 50940, 50948

Class 42

The mark is limited to the colours blue (Pantone 7455), green (Pantone 397), brown (Pantone 466) and white as shown on the form of application.

50953. Scientific and technological services, namely chemical research, biological and pharmaceutical research; design and development of computer software and databases; clinical studies all in the field of healthcare; all included in class 42. SANOFI-AVENTIS, 174, avenue de France, 75013 Paris, France - 07/07/2011. Address for service is COX HALLETT WILKINSON LIMITED, P.O. Box HM 1561, Hamilton HM FX, Bermuda.

To be associated with mark no: 50931, 50934, 50941, 50943, 50946

Class 44

The mark is limited to the colours blue (Pantone 7455), green (Pantone 397), brown (Pantone 466) and white as shown on the form of application.

50954. Medical services; veterinary services; hygienic and beauty care; consulting in the field of pharmaceuticals and healthcare; providing medical information and awareness campaigns programs in the field of healthcare; all included in class 44. SANOFI-AVENTIS, 174, avenue de France, 75013 Paris, France - 07/07/2011. Address for service is COX HALLETT WILKINSON LIMITED, P.O. Box HM 1561, Hamilton HM FX, Bermuda.

To be associated with mark no: 50932, 50933, 50935, 50936, 50942, 50944, 50945, 50947, 50948

Class 35

50985. Advertising; business management; business administration; office functions; all included in Class 35. MARSH & MCLENNAN COMPANIES, INC., 1166 Avenue of the Americas, New York, NY 10036, United States of America - 20/07/2011. Address for service is CONYERS DILL & PEARMAN LIMITED, P.O. Box HM 666, Hamilton HM CX, Bermuda.

To be associated with mark no: 50983, 50984, 50986

Class 9

Registration of this mark shall give no right to the exclusive use, separately, of the letters “T”, “D” and “K”.

B51001. Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin operated apparatus cash registers; calculating machines, data processing equipment and computers; fire-extinguishing apparatus; electronic devices for the telecommunications, automotive electronics and industrial and/or consumer electronics industries; electric/electronic passive components; ceramic components; microwave ceramics; capacitors; ceramic capacitors; multilayer ceramic capacitors; assembled elements composed of capacitors; EMC (electromagnetic compatibility) components; ferrite beads; ceramic beads; chip beads; electrical/electronic filters; filters for electrical signals; filters to control signal frequencies; filters for radio interference suppression; EMC (electromagnetic compatibility) filters; 3-terminal filters; common mode filters; chokes; choke coils; common mode choke coils; differential mode choke coils; peaking coils; molded coils; varistors; clamp filters (ferrite core with case); ferrites; ferrite materials; ferrite cores; dielectric filters; ceramic filters; piezoelectric filters; ferrite beads filters; noise filters; inductors; coils; transformers; electrical/electronic transformers; pulse transformers; current transformers; noise suppressing sheets; magnetic sheets; electro-magnetic absorbing and shielding materials; micro wave absorbers; electromagnetic absorbers; radio wave absorbers; high frequency magnetic substances; anechoic chambers; equipments/devices for EMC (electro -magnetic compatibility) test system, sold individually or in units; sensors; temperature measurement sensors; thermistors; NTC (negative temperature coefficient) thermistors; PTC (positive temperature coefficient) thermistors; temperature responsive reed switches; humidity sensors; surface potential sensors; gear tooth sensors; gear tooth sensors for angle sensing; gear tooth sensors for speed sensing; mechanical sensors; toner concentration/residual volume sensors; powder level sensors; door open/shut sensors; switches for door latch; electromagnetic sensors; actuators; plungers; plungers[part of machines]; mechanical drive components; nebulizers; nebulizer units; ultrasonic nebulizer units; humidifier for mist generation system; pumps; piezoelectric components; piezoelectric products; piezoelectric ceramic filters; resonators; resonant circuits; ceramic resonators; sounding bodies; piezoelectric receivers; piezoelectric buzzers; electromagnetic buzzers; piezoelectric actuators; magnetostrictive resonators; discriminators; ceramic discriminators; thermal print heads; thin film thermal heads; recording/reproducing heads; magnetic heads; thin film magnetic heads; memory controllers; non-volatile memory controllers; flash memory controllers; NAND flash memory controllers; flash memory; memory cards; flash memory cards; non-volatile memory; non-volatile memory cards; CF (compact flash) cards; CF (compact flash) card for industrial applications; SSD (solid state drive); SSD (solid state drive) for industrial applications; semiconductor devices; semiconductor memories; memory card adopters; displays; organic light emitting displays; light emitting diodes; organic light emitting diodes; RF(radio frequency) components; antennas; ceramic patch antennas; ceramic chip antennas; multilayer chip antennas; band pass filters; dielectric band pass filters; circulators; circulators for base stations; isolators; isolators for base stations; multiplexers; diplexers; multilayer diplexers; multilayer band pass filters; thin-Film band pass filters; phase shifters; multilayer phase shifters; delay lines; strip lines; low pass filters; multilayer low pass filters; high pass filters; multilayer high pass filters; baluns; balun transformers; multilayer balun transformers; thin film balun transformers; couplers; directional couplers; multilayer directional couplers; LAN (local area network) components; wireless LAN (local area network) modules; devices for wireless radio transmission; wireless telephony apparatus; electric/electronic resisters; double balance mixers; terminators; transducers; accelerometers;  electrodes; magnets; ferrite magnets; plastic bonded magnets; rubber bonded magnets; magnets sheets; magnetic cores; magnetic materials; power supplies; AC (alternate current) input power supplies; DC (direct current) to DC (direct current) converters; DC (direct current) to AC (alternate current) inverters; switching power supplies; noise filters; UPS (uninterruptible power systems); solar cells; film solar cells; inverters; inverter ballasts; fluorescent lamp ballast for electric lights; converters; factory automation systems; wafer processing equipment; semiconductor manufacturing equipment; FOUP Load Port (station for supporting a semiconductor wafer transporting container where the cover of the transporting container is separated or separable from the transporting container); flip chip mounting machine; flip chip dispensers; component inserting machines; bulk feeding machines; components sequencing machines; laser marking systems; chip component mounting machines; IC (integrated circuits); circuit boards; IC (integrated circuits) boards; batteries; ITO (Indium-Tin-Oxide) film; Conductive Film; ITO Transparent Conductive Film; ITO (Indium-Tin-Oxide) plates; Conductive plates; ITO Transparent Conductive plates; blank magnetic tapes; blank magnetic discs; blank magnetic optical disks; blank optical disks; SAW (Surface Acoustic Wave) components; SAW (Surface Acoustic Wave) filters; SAW (Surface Acoustic Wave) resonators; duplexers; RF (radio frequency) modules; SAW (surface acoustic wave) modules; SAW (surface acoustic wave) fronted modules; diodes; arrestors; surge arrestors; surge voltage arrestors; ceramic switching components; ceramic heating components; switching spark gaps; conversion filters; power capacitors; tantalum chip capacitors; aluminum electrolytic capacitors; ultra capacitors; inductive ferrite components; film capacitors; polymer chip capacitors; accessories for ferrites; SMT (surface mount technology) inductive resistors; SMT (surface mount technology) power inductive resistors; repeating coils; filters for shielded rooms; EMC (electro magnetic compatibility) feedthrough components; metal oxide varistors; ceramic semiconductors; microwave band pass filters; microwave resonators; microwave ceramic components; dielectric ceramic filters; high-frequency modules; microwave modules; LTCC (low-temperature cofired ceramics) modules; surface wave components; volume wave components; dielectric materials; materials for electrodes; BAW (bulk acoustic wave) components; FBAR (film bulk acoustic wave)components; MEMS (micro electro mechanical Systems) components; MEMS (micro electro mechanical systems) sensors; RF (radio frequency) modules; electronic circuit modules; H-ML (high-frequency multilayer) devices; ESD (electro-static discharge) components; EMI (electromagnetic interference) components; optical components; PLC (planar lightwave circuits); TOSA (transmitter optical subassembly); ROSA (receiver optical subassembly); optical sensors; visible radiant optical sensors; optical attenuators; optical couplers; optical splitters; optical filters; optical switches; optical isolators; optical circulators; optical modulators; optical connectors; optical multiplexers; optical demultiplexers; optical transceivers; photo diodes; optical sensor modules; visible radiant optical sensor modules; optical attenuator modules; optical coupler modules; optical splitter modules; optical filter modules; optical switch modules; optical isolator modules; optical circulator modules; faraday rotator modules; optical modulator modules; optical connector modules; optical multiplexer modules; optical demultiplexer modules; optical transceiver modules; photo diode modules; optical sensor assemblies; visible radiant optical sensor assemblies; optical attenuator assemblies; optical coupler assemblies; optical splitter assemblies; optical filter assemblies; optical switch assemblies; optical isolator assemblies; optical circulator assemblies; faraday rotator assemblies; optical modulator assemblies; optical connector assemblies; optical multiplexer assemblies; optical demultiplexer assemblies; optical transceiver assemblies; photo diode assemblies; transmitter optical sub assemblies; receiver optical sub assemblies; faraday rotators; piezoelectric devices; multilayer varistors; multilayer NTC (negative temperature coefficient) thermistors; Magnetic heads and parts and components thereof, including, head sliders, head gimbal assemblies (HGA), head arm assemblies (HAA), head stack assemblies (HSA), and/or head coil assemblies(HCA); Magnetic sensors; magnetic encoders; magnetic scale; thin- Film Actuators; Thermal heads; VTR heads; Tape heads; Finger Navigation module; lightpeak; motors; spindle motors; voice coil motors; disk drives for computers; optical data media; disk drive components; electronic integrated circuits; semiconductor chips; semiconductors; MRAM (Magnetoresistive Random Access Memory); Non-Volatile Memory; biosensor; suspensions and parts and components thereof, including flexures, load beams, base plates, hinges, and/or traces; computer disk drive suspensions; magnetic disk drive suspensions; rechargeable batteries; Lithium-ion batteries; rechargeable lithium-ion polymer batteries; parts and fittings for all of the aforesaid goods; all included in Class 9. TDK KABUSHIKI KAISHA (TDK CORPORATION), No. 13-1, 1-chome, Nihonbashi, Chuo-ku, Tokyo, Japan - 04/08/2011. Address for service is CONYERS DILL & PEARMAN LIMITED, P.O. Box HM 666, Hamilton HM CX, Bermuda.

To be associated with mark no: 49343, 51002, 51003

Class 9

TDK

Registration of this mark shall give no right to the exclusive use, separately, of the letters “T”, “D” and “K”.

51003. Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin operated apparatus cash registers; calculating machines, data processing equipment and computers; fire-extinguishing apparatus; electric/electronic passive components; ceramic components; microwave ceramics; capacitors; ceramic capacitors; multilayer ceramic capacitors; assembled elements composed of capacitors; EMC (electromagnetic compatibility) components; ferrite beads; ceramic beads; chip beads; electrical/electronic filters; filters for electrical signals; filters to control signal frequencies; filters for radio interference suppression; EMC (electromagnetic compatibility) filters; 3-terminal filters; common mode filters; chokes; choke coils; common mode choke coils; differential mode choke coils; peaking coils; molded coils; varistors; clamp filters (ferrite core with case); ferrites; ferrite materials; ferrite cores; dielectric filters; ceramic filters; piezoelectric filters; ferrite beads filters; noise filters; inductors; coils; transformers; electrical/electronic transformers; pulse transformers; current transformers; noise suppressing sheets; magnetic sheets; electro-magnetic absorbing and shielding materials; micro wave absorbers; electromagnetic absorbers; radio wave absorbers; high frequency magnetic substances; anechoic chambers; equipments/devices for EMC (electro magnetic compatibility) test system, sold individually or in units; sensors; temperature measurement sensors; thermistors; NTC (negative temperature coefficient) thermistors; PTC (positive temperature coefficient) thermistors; temperature responsive reed switches; humidity sensors; surface potential sensors; gear tooth sensors; gear tooth sensors for angle sensing; gear tooth sensors for speed sensing; mechanical sensors; toner concentration/residual volume sensors; powder level sensors; door open/shut sensors; switches for door latch; electromagnetic sensors; actuators; plungers; plungers[part of machines]; mechanical drive components; nebulizers; nebulizer units; ultrasonic nebulizer units; humidifier for mist generation system; pumps; piezoelectric components; piezoelectric products; piezoelectric ceramic filters; resonators; resonant circuits; ceramic resonators; sounding bodies; piezoelectric receivers; piezoelectric buzzers; electromagnetic buzzers; piezoelectric actuators; magnetostrictive resonators; discriminators; ceramic discriminators; thermal print heads; thin film thermal heads; recording/reproducing heads; magnetic heads; thin film magnetic heads; memory controllers; non-volatile memory controllers; flash memory controllers; NAND flash memory controllers; flash memory; memory cards; flash memory cards; non-volatile memory; non-volatile memory cards; CF (compact flash) cards; CF (compact flash) card for industrial applications; SSD (solid state drive); SSD (solid state drive) for industrial applications; semiconductor devices; semiconductor memories; memory card adopters; displays; organic light emitting displays; light emitting diodes; organic light emitting diodes; RF(radio frequency) components; antennas; ceramic patch antennas; ceramic chip antennas; multilayer chip antennas; band pass filters; dielectric band pass filters; circulators; circulators for base stations; isolators; isolators for base stations; multiplexers; diplexers; multilayer diplexers; multilayer band pass filters; thin-Film band pass filters; phase shifters; multilayer phase shifters; delay lines; strip lines; low pass filters; multilayer low pass filters; high pass filters; multilayer high pass filters; baluns; balun transformers; multilayer balun transformers; thin film balun transformers; couplers; directional couplers; multilayer directional couplers; LAN (local area network) components; wireless LAN (local area network) modules; devices for wireless radio transmission; wireless telephony apparatus; electric/electronic resisters; double balance mixers; terminators; transducers; accelerometers;  electrodes; magnets; ferrite magnets; plastic bonded magnets; rubber bonded magnets; magnets sheets; magnetic cores; magnetic materials; power supplies; AC (alternate current) input power supplies; DC (direct current) to DC (direct current) converters; DC (direct current) to AC (alternate current) inverters; switching power supplies; noise filters; UPS (uninterruptible power systems); solar cells; film solar cells; inverters; inverter ballasts; fluorescent lamp ballast for electric lights; converters; factory automation systems; wafer processing equipment; semiconductor manufacturing equipment; FOUP Load Port (station for supporting a semiconductor wafer transporting container where the cover of the transporting container is separated or separable from the transporting container); flip chip mounting machine; flip chip dispensers; component inserting machines; bulk feeding machines; components sequencing machines; laser marking systems; chip component mounting machines; IC (integrated circuits); circuit boards; IC (integrated circuits) boards; batteries; ITO (Indium-Tin-Oxide) film; Conductive Film; ITO Transparent Conductive Film; ITO (Indium-Tin-Oxide) plates; Conductive plates; ITO Transparent Conductive plates; blank magnetic tapes; blank magnetic discs; blank magnetic optical disks; blank optical disks; SAW (Surface Acoustic Wave) components; SAW (Surface Acoustic Wave) filters; SAW (Surface Acoustic Wave) resonators; duplexers; RF (radio frequency) modules; SAW (surface acoustic wave) modules; SAW (surface acoustic wave) fronted modules; diodes; arrestors; surge arrestors; surge voltage arrestors; ceramic switching components; ceramic heating components; switching spark gaps; conversion filters; power capacitors; tantalum chip capacitors; aluminum electrolytic capacitors; ultra capacitors; inductive ferrite components; film capacitors; polymer chip capacitors; accessories for ferrites; SMT (surface mount technology) inductive resistors; SMT (surface mount technology) power inductive resistors; repeating coils; filters for shielded rooms; EMC (electromagnetic compatibility) feedthrough components; metal oxide varistors; ceramic semiconductors; microwave band pass filters; microwave resonators; microwave ceramic components; dielectric ceramic filters; high-frequency modules; microwave modules; LTCC (low-temperature cofired ceramics) modules; surface wave components; volume wave components; dielectric materials; materials for electrodes; BAW (bulk acoustic wave) components; FBAR (film bulk acoustic wave)components; MEMS (micro electro mechanical Systems) components; MEMS (micro electro mechanical systems) sensors; RF (radio frequency) modules; electronic circuit modules; H-ML (high-frequency multilayer) devices; ESD (electro-static discharge) components; EMI (electromagnetic interference) components; optical components; PLC (planar lightwave circuits); TOSA (transmitter optical subassembly); ROSA (receiver optical subassembly); optical sensors; visible radiant optical sensors; optical attenuators; optical couplers; optical splitters; optical filters; optical switches; optical isolators; optical circulators; optical modulators; optical connectors; optical multiplexers; optical demultiplexers; optical transceivers; photo diodes; optical sensor modules; visible radiant optical sensor modules; optical attenuator modules; optical coupler modules; optical splitter modules; optical filter modules; optical switch modules; optical isolator modules; optical circulator modules; faraday rotator modules; optical modulator modules; optical connector modules; optical multiplexer modules; optical demultiplexer modules; optical transceiver modules; photo diode modules; optical sensor assemblies; visible radiant optical sensor assemblies; optical attenuator assemblies; optical coupler assemblies; optical splitter assemblies; optical filter assemblies; optical switch assemblies; optical isolator assemblies; optical circulator assemblies; faraday rotator assemblies; optical modulator assemblies; optical connector assemblies; optical multiplexer assemblies; optical demultiplexer assemblies; optical transceiver assemblies; photo diode assemblies; transmitter optical sub assemblies; receiver optical sub assemblies; faraday rotators; piezoelectric devices; multilayer varistors; multilayer NTC (negative temperature coefficient) thermistors; Magnetic heads and parts and components thereof, including, head sliders, head gimbal assemblies (HGA), head arm assemblies (HAA), head stack assemblies (HSA), and/or head coil assemblies(HCA); Magnetic sensors; magnetic encoders; magnetic scale; thin- Film Actuators; Thermal heads; VTR heads; Tape heads; Finger Navigation module; lightpeak; motors; spindle motors; voice coil motors; disk drives for computers; optical data media; disk drive components; electronic integrated circuits; semiconductor chips; semiconductors; MRAM (Magnetoresistive Random Access Memory); Non-Volatile Memory; biosensor; suspensions and parts and components thereof, including flexures, load beams, base plates, hinges, and/or traces; computer disk drive suspensions; magnetic disk drive suspensions; rechargeable batteries; Lithium-ion batteries; rechargeable lithium-ion polymer batteries; parts and fittings for all of the aforesaid goods; all included in Class 9. TDK KABUSHIKI KAISHA (TDK CORPORATION), No. 13-1, 1-chome, Nihonbashi, Chuo-ku, Tokyo, Japan - 04/08/2011. Address for service is CONYERS DILL & PEARMAN LIMITED, P.O. Box HM 666, Hamilton HM CX, Bermuda.

To be associated with mark no: 49343, 51001, 51002

Class 9

AGENCYPORT

51122. Computer software for use in the insurance industry, namely, computer software for use in the management and automation of, and for deployment of a web-based platform to facilitate and automate insurance carrier operations; computer software for use in insurance policy claims submissions and processing, provision of and access to insurance quotes, and analysis and automation of book of business transfers from agents or other carriers; computer software for use in the provision of workflow, rules and a data schema that enables insurers to transact business with their agents via a global computer network; computer software that allows transmission and exchange of data in real time between and among businesses, and for conversion of digital content into other forms of digital content (all for use in the insurance industry); computer software to enable mobile users to access insurance provider websites and to obtain insurance quotes and purchase insurance products; computer software for use in insurance claims management and billing, aggregation of data and analysis of exposure and risk; computer software for management of underwriting, accounting and reinsurance (all for use in the insurance industry); all included in Class 9. AGENCYPORT INSURANCE SERVICES, INC., 51 Sleeper Street, Boston, MA 02210, United States of America - 30/09/2011. Address for service is CONYERS DILL & PEARMAN LIMITED, P.O. Box HM 666, Hamilton HM CX, Bermuda.

To be associated with mark no: 51123, 51124, 51125

Class 25

SAVILE ROW INSPIRED

51207. Clothing; footwear; headgear; all included in Class 25. Minterton Services Limited, Waterside House, 35 North Wharf Road, London W2 1NW, United Kingdom - 14/10/2011. Address for service is FIRSTMARK LTD., Jardine House, 4th Floor, 33-35 Reid Street, Hamilton HM 12, Bermuda.

Class 30

THE SECOND GENERATION

51229. Coffee; all included in class 30. NO LIMIT, LLC, 246 Post Road East, Westport, CT 06880, United States of America - 25/10/2011. Address for service is Appleby (Bermuda) Limited, Canon’s Court, 22 Victoria Street, Hamilton HM 12, Bermuda.

Class 30

NEWMAN’S OWN

51230. Coffee; all included in class 30. NO LIMIT, LLC, 246 Post Road East, Westport, CT 06880, United States of America - 25/10/2011. Address for service is Appleby (Bermuda) Limited, Canon’s Court, 22 Victoria Street, Hamilton HM 12, Bermuda.

Class 32

HARP

51231. Beers; ale, stout and porter; low alcoholic beverages; mineral and aerated waters and other non-alcoholic beverages; fruit drinks and fruit juices; syrups and other preparations for making beverages; all included in class 32. DIAGEO IRELAND, St. James’s Gate, Dublin 8, Ireland - 26/10/2011. Address for service is SMITH & CO, P O Box HM 2893, Hamilton HM LX, Bermuda.

Class 28

BODY-SOLID

51252. Exercise, sporting and fitness equipment; all included in class 28. BODY-SOLID, INC., 1900 South Des Plaines Avenue, Forest Park, Illinois 60130, United States of America - 09/11/2011. Address for service is CONYERS DILL & PEARMAN LIMITED, P.O. Box HM 666, Hamilton HM CX, Bermuda.

Class 3

LADY GAGA FAME

51253. Cosmetics; cosmetic preparations; make-up and make-up removers; lipstick; lip gloss; lip pomades; lipstick holders; non-medicated lip care preparations; lip cream; fragrances; perfumes; perfume oils; perfumery, colognes; eau de toilette; eau de parfum; eau de perfume; eau de cologne; face and body glitter; facial lotions, creams, moisturizers, cleansers, washes, scrubs, exfoliants, and toners; beauty milks; non-medicated facial treatments in the nature of facial emulsions and facial masks; skin lotions, skins creams, skin conditioners, skin moisturizers, skin moisturizer masks, and skin highlighters; hand moisturizers, creams and lotions; non-medicated foot lotions and creams; wrinkle removing skin care preparations; false eyelashes; non-medicated toiletries; body wash; body gels; body butters; body spray; body oils and mists; body scrubs; body powder; body moisturizers; body lotions; body creams; body scrubs; body exfoliants; body fragrances; body butter; body firming gels and lotions; body masks; bath gels; bath oils; bath powders; bath crystals; bath foam, bath beads; bath salts; shower gels; cosmetic preparations for baths; perfumed powders; soaps; perfumed soaps; liquid soaps; soap powder; toilet soap; toilet water; shaving preparations, shaving balm, shaving cream, shaving gel, after shave lotions, skin abrasive preparations, non-medicated skin creams, and skin lotion for relieving razor burns; sunscreen preparations, suntanning preparations, sun tan oils, after-sun lotions, self-tanning preparations and cosmetic sun-protecting preparations; sun block; non-medicated ointments for the treatment of sunburns; aromatherapy creams, aromatherapy lotions, and aromatherapy oils; decorative transfers for cosmetic purposes; preparations for the care and conditioning of the body, skin, scalp, and hair; essential oils for personal use; astringents for cosmetic purposes; massage oils; talcum powder, bubble bath; deodorants for personal use and body care; dentifrices; toothpaste; perfumed paper; make-up applicators in the nature of cotton swabs for cosmetic purposes; all purpose cotton swabs for personal use and cosmetic purposes; cosmetic pads; pre-moistened cosmetic wipes, pre-moistened cosmetic tissues and towelettes; baby wipes; nail care preparations; nail polishes, nail polish base coat, nail polish top coat, nail strengtheners, nail hardeners, nail varnishes, nail polish removers, nail creams, cuticle removing preparations, nail tips, and nail buffing preparations; hair care preparations; hair care products-in the-nature of shampoos, conditioners, rinses, mousse, gels, creams, lotions and sprays; hair color, hair waving lotion, permanent wave preparations, hair lighteners, hair dyes, hair emollients, hair mascara, hair pomades, hair color removers, hair relaxing preparations, and hair styling preparations; potpourri; aromatherapy pillows comprising potpourri in fabric containers; pomanders containing perfumed preparations, and mixtures; sachets; sachet- like eye pillows containing fragrances; scented ceramic stones; scented linen sprays and scented room sprays; scented oils used to produce aromas when heated; scented pine cones; incense; room fragrances; fragrance emitting wicks for room fragrances; all included in class 3. ATE MY HEART INC. a California (USA) Corporation, c/o Gelfand, Rennert and Feldman, L.L.P., 1880 Century Park East, Suite 1600, Los Angeles, CA 90067, United States of America - 09/11/2011. Address for service is SMITH & CO, P O Box HM 2893, Hamilton HM LX, Bermuda.

Class 25

CHARLOTTE TARANTOLA

51254. Clothing, namely, t-shirts, shirts, tops, blouses, sweaters, tank-tops, loungewear, lingerie, undergarments, underwear, pants, shorts, bottoms, dresses and skirts; all included in class 25. DAILY SPARKLE, LLC, 10459 W. Jefferson Blvd., Culver City, CA 90232, United States of America - 15/11/2011. Address for service is SMITH & CO, P O Box HM 2893, Hamilton HM LX, Bermuda.

Class 25

51261. Clothing, footwear, headgear, belts; all included in class 25. BROWN SHOE COMPANY INC., 8300 Maryland Avenue, St. Louis, Missouri, United States of America - 18/11/2011. Address for service is CONYERS DILL & PEARMAN LIMITED, P.O. Box HM 666, Hamilton HM CX, Bermuda.

Class 33

CORBANS

51259. Wines; all included in class 33. Lion Nathan Brands Company Limited, 111 Carlton Gore Road, Newmarket, Auckland 1023, New Zealand - 18/11/2011. Address for service is Appleby (Bermuda) Limited, Canon’s Court, 22 Victoria Street, Hamilton HM 12, Bermuda.

Class 33

LINDAUER

51260. Wines; all included in class 33. Lion Nathan Brands Company Limited, 111 Carlton Gore Road, Newmarket, Auckland 1023, New Zealand - 18/11/2011. Address for service is Appleby (Bermuda) Limited, Canon’s Court, 22 Victoria Street, Hamilton HM 12, Bermuda.

TABLE OF CONTENTS

1Citation

2Interpretation

3Recognition of jurisdiction of Japan

4Recognition of applicable law of Japan

5Qualification as specified jurisdiction fund for Japan

6Rules

7Savings for funds in operation in Japan

The Minister, acting on the advice of the Board of Directors of the Bermuda Monetary Authority, in exercise of the powers conferred upon him by section 11 (5)(a) of the Investment Funds Act 2006, makes the following Order:

Citation

1This Order may be cited as the Investment Funds (Specified Jurisdiction Fund) (Japan) Order 2012.

Interpretation

2In this Order, unless the context otherwise requires:

“Act” means the Investment Funds Act 2006;

“Authority” means The Bermuda Monetary Authority;

“authorise” means authorise under the Act.

Recognition of jurisdiction of Japan

3The jurisdiction of Japan is recognised for the purpose of the operations of a fund that qualifies as a specified jurisdiction fund for Japan under paragraph 5.

Recognition of applicable law of Japan

4The law of Japan—

(a)relating to units of a fund which have been or are intended to be offered to the public in Japan by way of a public offering of securities (referred to in Japan as “yukashoken-no-boshu”); and

(b)defined under the Financial Instruments and Exchange Law of Japan,

is recognised as the applicable law in Japan for the purpose of the operations of a fund that qualifies as a specified jurisdiction fund for Japan under paragraph 5.

Qualification as specified jurisdiction fund for Japan

5(1)Subject to subparagraph (2), the Authority may authorise and classify any investment fund established in Bermuda as a specified jurisdiction fund for Japan.

(2)A fund shall not qualify for classification as a specified jurisdiction fund for Japan under subsection (1) unless its units, which have been or are intended to be offered by way of a public offering of securities, are offered in compliance with the law of Japan referred to under paragraph 4.

Rules

6The Authority may, from time to time, specify in the fund rules additional criteria that a fund, classified as a specified jurisdiction fund for Japan under regulation 5, is to comply with.

Savings for funds in operation in Japan

7Notwithstanding paragraph 5, a fund which, before the coming into force of this Order, offered units to the public in Japan under the law of Japan referred to in paragraph 4 and that has been classified by the Authority, shall continue to operate as a fund in accordance with such classification unless it has made an irrevocable election in writing to the Authority specifying that the Act, this Order and, where relevant, the fund rules shall apply to it.

Made this 4th day of June 2012

Premier and Minister of Finance

The Minister responsible for education, in exercise of the power conferred by section 5 of the Bermuda Educators Council Act 2002, makes the following Order:

Citation

1This Order may be cited as the Bermuda Educators Council (Exemption) Amendment (No. 3) Order 2012.

Amends Schedule

2The Schedule to the Bermuda Educators Council (Exemption) Order 2011 is amended by inserting the following in proper alphabetical order—

Made this 28th day of May 2012

Minister of Education

In exercise of the powers conferred upon the Corporation of Hamilton by section 7(2A) and (2B) of the Road Traffic Act 1947, the following Order is hereby made:-

Citation and Application1.(1)This Order may be cited as the Road Traffic (Variation of Speed Limits) Order 2012.

(2) This Order applies only to the competitors in the Bermuda Triathlon Association and Tokio Millennium Re Ltd. on Sunday 10th June 2012.

Speed limit and roads2. (1) The speed limits fixed by section 7 (2) of the Traffic Act 1947 are hereby varied to the extent specified in the first column of the Schedule in respect of the Bermuda Triathlon Association and Tokio Millennium Re Ltd. on Sunday 10th June 2012.

(2)The roads or parts thereof specified in the second column of the Schedule are hereby declared to be subject at the times specified in the third column of the Schedule to the speed limit specified in the first column thereof.

SCHEDULE

Speed Limit Roads Times

75 kilometresVarious City Streets7:30 a.m. until 

per hour11:00 a.m.

Made this 4th day of June 2012 

TABLE OF CONTENTS

1Citation

2Application

3Interpretation

4Constitution of a fund

5Publication of unit prices

6Annual and periodical reports

7Submission of activity reports

8Functions of fund administrator

9Functions of custodian

10Custodian to supervise sub-custodian

11Functions of investment manager

12Investment manager may delegate

13Standards and principles of financial reports

14Minimum information for inclusion in financial statements

15Functions of auditor

16Concurrence with auditing standards by auditor

17Additional audit adherence

18Audited financial statements

19Consent of auditor to publish report

The Bermuda Monetary Authority, in exercise of the power conferred by section 37 of the Investment Funds Act 2006, as read with paragraph 6 of the Investment Funds (Specified Jurisdiction Fund) (Japan) Order 2012, makes the following Rules:

Citation

1These Rules may be cited as the Investment Funds (Specified Jurisdiction Fund) (Japan) Rules 2012.

Application

2These Rules apply to a fund authorised and classified in accordance with paragraph 5 of the Investment Funds (Specified Jurisdiction Fund) (Japan) Order 2012 as a specified jurisdiction fund for Japan.

Interpretation

3In these Rules, unless the context otherwise requires—

“accounting principles” or “GAAP” means generally accepted accounting principles;

“the Act” means the Investment Funds Act 2006;

“fund” means specified jurisdiction fund for Japan;

“registered or principal office” means the registered or principal office of the fund in Bermuda;

“reporting standards” or “IFRS” means International Financial Reporting Standards.

Constitution of a fund

4(1)The constitution of a fund shall provide for the following matters—

(a)the terms upon which units are issued, including the terms and circumstances, if any, upon which the rights and restrictions attaching to the units may be changed; and 

(b)the appointment of an auditor.

(2)The constitution of a fund shall be made available for inspection by a participant or prospective participant of the fund at the fund’s registered or principal office, or if the fund has a service provider in Bermuda, at the office of the service provider.

(3)Copies of the constitution shall be made available to a participant or prospective participant on payment of any reasonable costs associated with the making and forwarding of such copies.

Publication of unit prices

5A fund shall ensure that the issue and redemption or repurchase prices for its units at the most recent issue and redemption or repurchase date is made available on request without charge at the fund’s registered or principal office, or if the fund has a service provider in Bermuda, at the office of the service provider.

Annual and periodical reports

6(1)A fund shall, within six months of the end of its financial year or within such other period as may be specified in the fund’s prospectus, prepare and distribute, or cause to be prepared and distributed, an annual report to participants of the fund without charge, which shall include the audited financial statements of the fund.

(2)The operator of a fund may prepare periodical reports in accordance with the fund’s prospectus and distribute such reports, including interim financial statements, to participants of the fund.

Submission of activity reports

7(1)The operator of a fund shall submit to the Authority, no later than twenty business days from the last day of each month, a written report on the activities of the fund for the reporting period.

(2)A report shall contain the following information—

(a)the name of the fund together with all previous names;

(b)the net asset value of each unit held by participants of the fund;

(c)the percentage change in the net asset value of the fund and each unit from the previous reporting period;

(d)the value of the net assets of the fund;

(e)the number and value of new subscriptions for the reporting period;

(f)the number and value of redemptions or repurchases in the reporting period; and

(g)the total number of units in issue at the end of the reporting period.

(3)In this Rule, “reporting period” means reporting on a monthly basis.

Functions of fund administrator

8(1)The fund administrator shall administer the fund in accordance with—

(a)the Act and these Rules;

(b)the fund’s constitution;

(c)the fund’s prospectus;

(d)the specific contractual arrangements; and

(e)any proper directions given from time to time by the operator—

(i)pursuant to a power conferred on the operator by the fund’s constitution; and

(ii)which is consistent with the provisions of the documents referred to in subparagraphs (a), (b), (c) and (d).

(2)Where relevant, the fund administrator shall ensure—

(a)that the issue, transfer, conversion and redemption or repurchase of units of the fund are carried out in accordance with the fund’s constitution, prospectus, subscription agreement, and all applicable laws and these Rules;

(b)that the net asset value of the units and their issue, conversion and redemption or repurchase prices, are calculated in accordance with the fund’s constitution, prospectus, and subscription agreement, and that such prices are made available to participants or potential participants of the fund;

(c)that the following are available—

(i)the necessary office facilities, equipment, and personnel required to enable the fund administrator to carry out its functions; and

(ii)the general administrative services required by the fund to carry out its business affairs and to ensure compliance with all applicable laws and these Rules;

(d)that subject to the Act, these Rules, and the Companies Act 1981, periodical reports are prepared for participants of the fund in such form as the operator of a fund may determine;

(e)that the accounts of the fund and financial books and records are maintained in good order where such accounts, books and records are required—

(i)by the Act and these Rules;

(ii)by the Companies Act 1981;

(iii)by any other law; and

(iv)by the fund’s constitution, prospectus, and subscription agreement;

(f)except where a separate registrar is appointed, that the register required by the fund’s constitution is maintained;

(g)except where the fund administrator maintains the register, that the procedures of the registrar and the directions given to the registrar relating to the maintenance of the register are effectively monitored; and

(h)that the distribution to the participants of the fund of all dividends, or other distributions which may from time to time be declared, are paid by the fund on its units.

(3)A fund administrator shall—

(a)keep a copy of the register at its offices for inspection by participants of the fund during normal office hours;

(b)prepare, or where a registrar has been appointed, ensure that the registrar prepares and, if required, seals new certificates and balance certificates on behalf of the fund;

(c)ensure that certificates for units in the fund are issued or cancelled in accordance with the provisions, if any, of the fund’s constitution; and

(d)provide, or where a separate registrar is appointed, ensure that the registrar provides, such facilities as may from time to time be necessary with respect to the replacement of certificates or transfer of units of the fund.

Functions of custodian

9(1)A custodian shall, where relevant—

(a)provide for the safekeeping of the certificates and documents of title to investments of the fund; and

(b)carry out or cause to be carried out such directions of the fund administrator, investment manager, and the operator in relation to any investments as may be provided by contract, unless those directions conflict with the fund’s constitution, prospectus, the subscription agreement, or applicable laws and these Rules.

(2)A custodian shall be entitled to request from the fund administrator or from the fund, and the fund administrator or the fund shall provide upon such request, copies of records and information relating to the following—

(a)the receipt and application of subscription monies for units of the fund;

(b)the issue, conversion, and redemption or repurchase of units of the fund;

(c)the transfer of the net proceeds received on the sale of investments of the fund;

(d)the application of all capital and income of the fund; and

(e)the calculation in accordance with the fund’s constitution, prospectus, and subscription agreement, of the net asset value of the units thereof and their issue, conversion, and redemption or repurchase prices.

Custodian to supervise sub-custodian

10A custodian shall maintain an appropriate level of supervision over each subcustodian and make necessary periodic enquiries to confirm that each sub-custodian continues to competently discharge its obligations.

Functions of investment manager

11(1)The fund’s investment manager shall—

(a)ensure that the subscription monies received by the fund are applied in accordance with the fund’s constitution, prospectus, and subscription agreement;

(b)ensure that on the sale of any assets of the fund the net proceeds of the sale are remitted to the custodian within reasonable time limits;

(c)ensure that the income of the fund is applied in accordance with the fund’s constitution, prospectus, and subscription agreement;

(d)ensure that the investment of the assets of the fund is in accordance with the fund’s investment objectives and within any investment restrictions as stated in the fund’s constitution, prospectus, and subscription agreement; and

(e)provide within a reasonable time such information and directions as may be required to enable the custodian or any sub-custodian to perform its contractual obligations in respect of the fund.

(2)The investment manager shall deposit with or to the order of the custodian, or any sub-custodian, all certificates or documents of title to the investments of the fund.

(3)The investment manager shall establish or monitor procedures for the holding of investments of the fund by the custodian or any sub-custodian.

(4)Except as provided in paragraph (5), the investment manager of a fund shall not on behalf of such fund—

(a)sell any units short if, as a result of such short sale, the total value of all units sold short on behalf of such fund would immediately following such short sale exceed the value of its net assets;

(b)borrow money if, as a result of such borrowing, the aggregate amount of outstanding borrowings effected on behalf of such fund would immediately following such borrowing exceed ten per cent of the value of its net assets, except that—

(i)the limitation on borrowing may be temporarily exceeded in special situations including, without limitation, a merger of the fund with another investment fund, or other type of collective investment scheme;

(ii)the limitation on borrowing may be exceeded if—

(A)the objective of such fund is to invest all, or substantially all, of the proceeds of the issue of its units in real property, including interests in real property; and

(B)the investment manager considers that any borrowing in excess of such limitation is necessary to ensure the sound management of the assets of such fund or to protect the interests of the investors in such fund;

(c)acquire the shares of any one company which is not a fund if, as a result of such acquisition, the total number of shares of such company carrying voting rights held by all investment funds managed by the investment manager would exceed fifty per cent of the total number of all issued and outstanding shares of such company carrying voting rights;

(d)acquire any investment which is not listed on an appointed stock exchange or which is not readily realizable if, as a result thereof, the total value of all such investments held by such fund would immediately following such acquisition exceed fifteen per cent of the value of its net assets, provided that the investment manager shall not be restricted from acquiring any investment where the method of valuation of such investment is clearly disclosed in such fund’s prospectus; or

(e)enter into any transactions which are detrimental to the interests of the fund’s participants or which are contrary to the proper management of the assets of the fund including, without limitation, transactions which are intended to benefit the investment manager or third parties other than the participants in the fund.

(5)Nothing in paragraph (4) shall prevent an investment manager on behalf of a fund from acquiring all or any shares, units, interests or other investments in any company, unit trust, partnership or other person where such company, unit trust, partnership or other person—

(a)is an investment fund or other type of collective investment scheme;

(b)forms part of a master fund or feeder fund or other similar structure or group of companies or entities; or

(c)is a special purpose entity which directly facilitates the investment objective or strategy (in whole or in part) of the fund.

Investment manager may delegate

12An investment manager may appoint a sub-adviser, or sub-advisers, as it thinks fit to carry out on its behalf any and all of the obligations of the investment manager, but the investment manager shall remain responsible to the fund for the performance by such persons of any function so delegated.

Standards and principles of financial reports

13(1)Financial statements and other financial information distributed by or on behalf of the fund, and financial information used in the determination of net asset value, shall be prepared in accordance with reporting standards or accounting principles as specified in the fund’s prospectus.

(2)A fund shall adopt IFRS or appropriate GAAP in preparing its financial statements, and in making such a determination, the operator of the fund shall consider—

(a)the requirements of any securities authorities or other agencies or supervisory or regulatory bodies to which the fund is subject;

(b)the jurisdiction in which the majority of participants, or potential participants, in the fund reside;

(c)the jurisdictions in which the sponsor, promoter and investment manager are located; and

(d)the proposed business of the fund and the nature of its proposed investments.

Minimum information for inclusion in financial statements

14The financial statements of a fund shall disclose the following minimum information—

(a)in relation to the statement of net assets, balance sheet, or statement of assets and liabilities—

(i)cash and bank balances;

(ii)accrued investment income receivable;

(iii)amounts receivable on subscriptions for the fund’s units;

(iv)receivables in respect of sales of investments;

(v)unamortised organisation costs;

(vi)loans and other forms of borrowing;

(vii)the amounts payable on redemption or repurchase of the fund’s units;

(viii)the amounts payable on distribution; and

(ix)net asset value of each investment;

(b)in relation to the statement of operations, or statement of income and expenses—

(i)investment income by category;

(ii)other income;

(iii)such other expenses as are material, including amortisation of organisation costs, auditors’ fees, legal fees, and other professional fees;

(iv)taxes;

(v)net income;

(vi)realised gains or losses on investments and foreign currencies, unless separately disclosed in the statement of changes in net assets or in the financial position; and

(vii)unrealised gains or losses on investments and foreign currencies, unless separately disclosed in the statement of changes in net assets or in the financial position;

(c)a statement of material changes in net assets or in financial position of the fund; and

(d)in relation to the notes to financial statements—

(i)unless the reporting standards have been followed, the jurisdiction whose accounting principles has been followed in the preparation of the financial statements;

(ii)significant accounting policies, including—

(A)the basis of valuation of investments including the basis of valuation of unquoted and unlisted investments;

(B)the basis of recognition of investment income;

(C)foreign currency translation policies and disposition of gains or losses;

(D)the basis of amortisation of organisation costs, if material; and

(E)any other accounting policy adopted to deal with items which are judged material;

(iii)any changes to accounting policies made during the period; and

(iv)an analysis of the material contingent liabilities not provided for in the financial statements.

Functions of auditor

15(1)An auditor shall be responsible for determining which auditing standards shall be applied in his audit and, in making his selection, the auditor shall consider the reporting standards or accounting principles approved by the fund for the preparation of the financial statements to be audited.

(2)An auditor shall—

(a)audit the financial statements to be included in an annual report to the participants of the fund in accordance with the reporting standards or the applicable accounting principles; and

(b)make a report to the participants in accordance with the reporting standards or accounting principles, as the case may be.

Concurrence with auditing standards by auditor

16An auditor shall consider, in determining whether or not to accept the appointment as auditor, whether or not he concurs with the choice of reporting standards or applicable accounting principles to be applied in preparing the financial statements.

Additional audit adherence

17An auditor shall, in addition to the specific requirements of these Rules, adhere to the auditing requirements of any securities exchange or other supervisory or regulatory bodies to which the fund is subject.

Audited financial statements

18Subject to the requirements of the reporting standards or relevant accounting principles, as the case may be, and those of any relevant securities exchanges or other supervisory or regulatory bodies, audited financial statements of a fund shall include—

(a)a statement of net assets, a balance sheet, or a statement of assets and liabilities;

(b)a statement of operations, or a statement of income and expenses;

(c)a statement of changes in net assets or in the financial position;

(d)a statement of retained earnings or deficit, if appropriate; and

(e)notes to the financial statements containing disclosure as required by—

(i)the reporting standards or the relevant accounting principles;

(ii)any securities exchanges or other supervisory or regulatory bodies to which the fund is subject; and

(iii)such further information as is required by the Act, these Rules, the Companies Act 1981, and any relevant provisions of the fund’s constitution and prospectus.

Consent of auditor to publish report

19A fund shall not publish or distribute any report of the auditor in respect of the fund without receiving the written consent of the auditor.

Made this 4th day of June 2012

This Ministry wishes to inform motorists there will be a Lane Closures on Crow Lane, Spurling’s Hill, Gorham Road, Woodbourne Avenue, Pembroke, for the Tokio Triathlon Road race. The road race is to take place on Sunday, 10th June, 2012 starting at 9.00 am and completing at 10.30am.

The roads listed below will be closed to accommodate this road race:

LANES CLOSED

Crow LaneLane 2 that leads to Spurling Hill is closed to traffic

Spurling HillBoth lanes from Reid Street to Crow Lane 

Gorham RoadWest bound lane will be closed

Woodbourne AvenueSouth bound lane closed from Pitts’ Bay Rd to Gorham Road

Pitt’s Bay RoadEast bound lane from Bermudiana Road to Woodbourne Avenue

All traffic entering and exiting Hamilton will be controlled with traffic signs and motorists must avoid the close traffic lanes mentioned here, except for buses and ambulances.

BUS SERVICE

There will be no changes to the bus service while these lane closures take place.

DELAY DUE WEATHER

Should there be inclement weather, this road race will be postponed until the following week end on 17th June, 2012.

This Ministry would like to encourage the full cooperation of the motoring public and apologizes for any inconvenience that may result.

Dated:  4th June, 2012