Hughes, Fields & Stoby

DOING BUSINESS IN GUYANA. 2026.

Prepared by Hughes, Fields & Stoby

Lex Mundi Member Firm – Guyana

Political and Constitutional System.

The Co-operative Republic of Guyana operates under a constitutional democratic system established by the Constitution of 1980. Guyana is a unitary republic and a member of the Commonwealth.

Executive authority is vested in the President, who serves as both Head of State and Head of Government, while legislative authority is exercised by a unicameral National Assembly.

The Constitution guarantees fundamental rights and freedoms, including protection of private property, due process, and access to courts.

Legal System.

Guyana operates a mixed legal system, primarily based on English common law, supplemented by statute. Elements of Roman Dutch law continue to apply, particularly in matters of land tenure. Judicial precedent plays a central role, and legislation is the primary source of new law.

The final appellate court is the Caribbean Court of Justice (CCJ), which Guyana acceded to in 2005, replacing the Judicial Committee of the Privy Council which was removed in 1970 when Guyana became a Republic.

Court Structure.

Magistrates’ Courts.

Land Court. ( Limited Jurisdiction)

High Court of the Supreme Court of Judicature
Court of Appeal

Caribbean Court of Justice (final appellate court).

Foreign judgments are enforceable only where reciprocal enforcement arrangements exist; otherwise, enforcement generally requires fresh proceedings. Arbitral awards are enforceable under Guyanese law where issued pursuant to recognised arbitral regimes.

Forms of Business.

Business entities recognised in Guyana include:

(a) Sole proprietorships

(b) Partnerships

(c) Companies incorporated under the Companies Act, including:

(d) Companies limited by shares.

(e) External (Branch or foreign) companies registered to operate in Guyana.

(f) Co-operatives Societies
Companies may be incorporated as private or public companies.

All public companies are subject to the provisions of the Securities Industries Act.

Registration is administered by the Commercial Registry.

Investment Climate.

Guyana encourages both local and foreign investment. The Constitution protects private property and prohibits compulsory acquisition except in accordance with law and with compensation.

The Investment Act of 2004 commits the Government to protecting investment and the property of investors in accordance with the laws of Guyana.

The Government is prohibited by the provisions of the Investment Act from intervening in the management of investment enterprises nor can it impose conditions of pricing or distribution of products of the those enterprises except in the pricing of services provided by utilities.

There are no general restrictions on foreign ownership, except in limited sectors governed by specific legislation or policy.

Investors are generally permitted to repatriate profits, dividends, and capital, subject to compliance with applicable laws and reporting requirements. Certain sectors, including natural resources, may require additional governmental approvals.

Economic Outlook.

Guyana’s economic outlook is highly favourable and is dominated by rapid expansion in the oil and gas sector, strong public investment, and sustained growth in non oil economic activity.

According to international financial institutions, Guyana has recorded the highest real GDP growth rate globally in recent years, driven primarily by increased oil production and large scale infrastructure development.

The medium term outlook remains robust, with growth expected to be supported by economic diversification into construction, services, agriculture, and manufacturing. Continued investment in infrastructure, climate resilience, and social development is expected to underpin expansion and rising living standards.

Risks to the outlook are broadly balanced and relate mainly to inflation management, fiscal sustainability, and capacity constraints associated with rapid growth. Nonetheless, Guyana’s external position remains strong, supported by rising exports, increased foreign reserves, and savings accumulated in the Natural Resource Fund.

Key Economic Drivers
The principal drivers of Guyana’s current and projected economic performance include:

Oil and Gas Production – Offshore petroleum production is the single largest contributor to GDP growth, exports, and government revenues.

Public Infrastructure Investment – Significant state led investment in roads, bridges, housing, ports, energy, and climate resilient infrastructure.

Construction and Real Estate – Rapid expansion linked to infrastructure projects, industrial development, and increased commercial activity.

Mining and Natural Resources

Gold, bauxite, and other mineral production continue to contribute meaningfully to export earnings.

Agriculture and Agro Processing – Modernisation and diversification of traditional agricultural sectors, including rice and sugar, alongside emerging value added processing.

Services Sector Growth – Expansion in professional services, logistics, tourism adjacent activities, and financial services accompanying broader economic development.

Foreign Direct Investment – Rising levels of FDI, particularly in energy, infrastructure, manufacturing, and support services.

Regional and International Trade Integration – Engagement within CARICOM and growing trade relationships with North America, Latin America, and Europe.

Strategic Considerations for Foreign Investors
Foreign investors considering operations or transactions in Guyana should take into account the following strategic factors:

Regulatory and Policy Environment.

While Guyana maintains an open investment regime, certain sectors (including natural resources, energy, and large scale infrastructure) are subject to licensing, local content requirements, and regulatory approvals. Early engagement with regulators is advisable.

Infrastructure and Capacity Constraints – Rapid economic expansion has placed pressure on physical infrastructure, housing, utilities, and human capital. Investors should plan for potential logistical and timing constraints in project ex*****on.

Local Content and Workforce Development – Increasing emphasis is placed on the participation of Guyanese nationals and businesses, particularly in the oil and gas sector.

Compliance with local content expectations and workforce training requirements is an important consideration.
Land Tenure and Title Due Diligence – Guyana’s dual land tenure system requires careful legal due diligence to confirm title, boundaries, and applicable restrictions, especially for large or strategic developments.

Currency and Repatriation Planning

Although exchange controls are liberalised, investors should ensure appropriate structuring and compliance to facilitate dividend payments, profit repatriation, and inter company transfers.

Dispute Resolution Strategy – Consideration should be given to governing law, jurisdiction, arbitration clauses, and enforceability of judgments or arbitral awards when structuring cross border transactions.

Sustainability and ESG Considerations – Environmental compliance, climate resilience, and social impact are increasingly material considerations, particularly for projects in energy, mining, and agriculture.

Mining, Energy, and Natural Resources
Guyana’s mining and natural resource sector (except Oil and Gas) is regulated by the Mining Act and the regulations issued under the Act.

Mining activities are administered by the Guyana Geology and Mines Commission.

Oil and gas activities are regulated under sector specific legislation and production sharing agreements with the State.

Local content requirements apply in certain categories of oil and gas industries , including obligations relating to employment of Guyanese nationals and procurement of local goods and services.

In the Mining Industry small and medium size holdings are restricted to Guyanse.

Import / Export and Customs.

Guyana is a member of CARICOM and applies the CARICOM Common External Tariff. Customs duties, excise taxes, and value added tax apply to imported goods, subject to statutory exemptions and concessions.

Taxation.

The principal tax statutes include the Income Tax Act, Corporation Tax Act and Value Added Tax Act.

The Guyana Revenue Authority (GRA) administers taxation.

Key features include:

Corporate income tax on Guyanese sourced income

VAT on goods and services

Withholding taxes on dividends remitted overseas, interest, rent, and certain services.

Certain incentives and concessions may be available in priority sectors and under investment agreements.

Exchange Control.

Guyana operates a liberalised foreign exchange regime. There are no exchange controls at the transactional level. Foreign currency accounts may be maintained with licensed banks, and transfers of funds are generally permitted through authorised dealers, subject to reporting requirements.

Securities and Capital Markets.

The securities market is regulated by the Guyana Securities Council under the Securities Industry Act.

The Guyana Stock Exchange provides a platform for trading publicly listed securities, though capital markets activity remains relatively limited.

Intellectual Property.

Guyana is a member of the World Intellectual Property Organization (WIPO) and a party to major international IP conventions, including the Berne Convention and Paris Convention.

Domestic legislation governs:

Trademarks

Patents

Industrial designs

Copyright

Trademark registrations are valid on first registration, for seven years and renewed for fourteen year periods.

Original trademark registration which are commenced in Guyana are permitted up to class 34.

All classes above 34 are only registrable with marks first registered in the UK under the UK Trademark Act 1938 and its successors.

Patents are granted for a term of fourteen years.
Copyright protection is outdated and rudimentary.

Labour and Employment.

Employment relationships are regulated by the Labour Act, the Termination and Severance Pay Act Shops related legislation.

Written contracts are generally required for long term employment.
Key features include:

statutory working hours and leave entitlements
Mandatory social security contributions
Protection against unfair dismissal
Trade union and collective bargaining rights

Work permits are required for foreign nationals engaging in employment and are administered by the Guyana Immigration Service.

Land Ownership.

Guyana has a dual land system comprising transported lands under Roman Dutch law and a registered land system (torrens system) under the Land Registry Act ( for registered land).

Land ownership and leasing are governed by statute and common law principles.

Foreign ownership of land is permitted, subject to applicable approvals where required.

Dispute Resolution.

Commercial disputes are commonly resolved through litigation in the High Court.

In 2024 a new Arbitration Act was passed.

Mediation is recognised and increasingly utilised, particularly in commercial and construction disputes.

Lex Mundi Member Firm.

Hughes, Fields & Stoby is the Lex Mundi member firm for Guyana, providing full service legal representation across corporate and commercial law, energy, real estate, intellectual property, taxation, labour, and dispute resolution. The firm regularly advises domestic and international clients on cross border transactions and regulatory matters.

In their written ruling of the 8th April 2026 the Court of Appeal set aside the termination of City Council Head of Department of Technology by the Mayor and City Council in February 2016

Court of Appeal.

Wainwright Orderson.

Appellant.

V

1. Mayor and City Council
2. Attorney General.

Respondents

BEFORE: The Honourable Mme. Justice D. Gregory the Honourable Mr. Justice R. Persaud The Honourable Mr. Justice N. Harnanan.

APPEARANCES:

Mr. N. Hughes for the Appellant
Mr. E. Singh-Lammy for the 1st named Respondent
Mr. N. Hawke for the 2nd named Respondent

DATES: March 21,2025, April 7, 2025, May 15, 2025, June 18, 2025, July 15, 2025, October 6, 2025, October 28, 2025.

Executive Summary.

1. Case Background:

a. Waynewright Orderson, an employee of the Mayor and City Council of Georgetown, was dismissed on February 4, 2016, for allegedly traveling overseas without authorization between November 30, 2015, and December 11, 2015.

b. Orderson claimed he had obtained approval for the trip and that the Mayor supported his account.

2. Legal Framework:

a. The Local Government Commission, established under the Municipal and District Councils Act, was the body authorized to exercise disciplinary control over employees like Orderson.

b. However, the Local Government Commission was not operational at the time of Orderson's dismissal, raising questions about the authority to discipline him.

3. Council's Actions:

a. The Town Clerk and Council terminated Orderson's employment, supported by a "no objection" letter from the Minister of Communities dated February 1, 2016.

b. There was no evidence that the Local Government Commission had delegated its disciplinary authority to the Council, as required by law.

4. Doctrine of Necessity:

a. The High Court applied the doctrine of necessity, allowing the Council to act in the absence of the Local Government Commission to prevent a failure of justice.

b. However, the Court of Appeal questioned whether the Council properly adhered to public law principles, including procedural fairness.

5. Procedural Fairness:

a. Orderson was summoned to a meeting on January 19, 2016, but claimed he was unaware it was a disciplinary hearing.

b. The Court found that the meeting did not meet the standards of procedural fairness, as Orderson was not given adequate notice, a clear opportunity to defend himself, or the ability to present evidence.

Court of Appeal Decision:

a. The Court of Appeal ruled that the dismissal was unlawful due to the lack of procedural fairness and the Council's lack of authority to discipline Orderson.

b. The appeal was allowed, and orders of certiorari were granted to quash the termination decision.

8. Costs Awarded:

The Court awarded costs of $500,000 against the Mayor and City Council and $300,000 against the Attorney General.

In conclusion, the Court of Appeal found that Orderson's dismissal was procedurally unfair and outside the Council's jurisdiction, emphasizing the importance of adhering to statutory authority and principles of natural justice.

Dated the 8th day of April 2026.

BVI Arbitration Week.

Panel Discussion on making the Caribbean particularly BVI an arbitration hub.