Bermuda updates

Banking

Digital Asset Business Act 2018
Carey Olsen Bermuda
  • Bermuda
  • 12 October 2018

Since its election, the current government has enthusiastically embraced the fintech sector and the potential that it offers and has repeatedly expressed its intention for Bermuda to be a significant centre for this industry. In furtherance of this goal, a significant part of the government's legislative programme for 2018 has been, among other things, the implementation of a comprehensive regulatory regime. The central pillar of this regime is the Digital Asset Business Act, which came into force on 10 September 2018.


Company & Commercial

Deadline approaches for compliance with Bermuda beneficial ownership regime
Carey Olsen Bermuda
  • Bermuda
  • 01 April 2019

Bermuda companies have until 30 April 2019 to comply with requirements introduced in 2018 to maintain a register of their beneficial owners. If a company is non-compliant with these requirements after this date, both the company and its directors and other officers may be subject to criminal sanctions.


Employment & Benefits

Know your rights when made redundant
Carey Olsen Bermuda
  • Bermuda
  • 06 March 2019

Bermuda's reinsurance market has not been immune to changes in the world's economic market. A rise in mergers and acquisitions has led to an increase in redundancies within the Bermuda workforce. Employees should be aware of their rights when made redundant and should always seek legal advice to ensure that their redundancy is both lawful and fair.


Private Client & Offshore Services

Contributed by Carey Olsen Bermuda
Court exercises inherent jurisdiction to appoint protectors
  • Bermuda
  • 20 June 2019

In a recent case, the Supreme Court delivered an important judgment in which it exercised its inherent supervisory powers over trusts to appoint protectors. The court also reaffirmed the wide breadth of its jurisdiction under Section 47 of the Trustee Act 1975 to grant trustees power to vary trusts when it is satisfied that it is expedient to do so.

Bermuda's beneficial ownership registers and privacy: status update and further observations
  • Bermuda
  • 02 May 2019

Bermuda companies, limited liability companies and partnerships had until 30 April 2019 to update or verify their beneficial ownership information under Bermuda's beneficial ownership legislation. The guidance published in respect of Bermuda's beneficial ownership legislation may provide an aide to some extent, but provides no defence to non-compliance with the beneficial ownership legislation itself. As such, the legislation and Personal Information Protection Act must be carefully considered and complied with.

Bermuda private trust company guide
  • Bermuda
  • 04 April 2019

Bermuda is an excellent jurisdiction in which to establish private trust companies, trusts and underlying entities (including private funds and insurance vehicles) and family offices (or branches thereof). However, particular care must be taken with regard to a private trust company's initial structuring. It is critical that the rights, powers and responsibilities vested in particular parties are fully understood (particularly by the settlor both during their lifetime and in future).

Deadline approaches for compliance with Bermuda beneficial ownership regime
  • Bermuda
  • 28 March 2019

Bermuda companies have until 30 April 2019 to comply with requirements introduced in 2018 to maintain a register of their beneficial owners. If a company is non-compliant with these requirements after this date, both the company and its directors and other officers may be subject to criminal sanctions.

Round-up of recent trust cases
  • Bermuda
  • 14 March 2019

In 2018 the Bermuda courts issued several important decisions in trust cases. Moreover, the Trust Law Reform Committee of the Bermuda Business Development Agency remains active and has recently proposed further legislative reform. Among the committee's recent reform initiatives, the amendment to the Perpetuities and Accumulations Act 2009 by the Perpetuities and Accumulations Amendment Act 2015 has resulted in significant interest among international advisers and local practitioners.


Tech, Data, Telecoms & Media

PIPA and GDPR: new regulations protecting personal information
Carey Olsen Bermuda
  • Bermuda
  • 03 July 2018

The Personal Information Protection Act (PIPA) was introduced to regulate and protect the use of personal information and embodies eight core privacy principles which are internationally recognised and accepted. As with the PIPA, the General Data Protection Regulation (GDPR) was enacted to govern the use of personal information and data. Bermuda companies should seek legal advice to determine whether the GDPR applies to their operations and, if so, how.