MJM

New Land Title Registration Scheme: Q&A with Tim Stewart, Land Title Legal Officer

In a post from 2017, we discussed how it was expected that Land Title Registration would go live in 2018. Since then, several important steps have been taken toward bringing the…

ICO Legislation Takes Effect and ICO Regulations Published

The Companies and Limited Liability Company (Initial Coin Offering) Amendment Act 2018 (the “ICO Act”) became operative on 9 July 2018 and the underlying Companies and Limited Liability Company (Initial…

GDPR – What Non-EU Entities Need To Know

The General Data Protection Regulation (the “GDPR”) came into effect on 25 May 2018 and is designed to harmonise national data protection laws across the EU, while at the same…

Bermuda Banking on Fintech Boom

In a recent announcement, the Premier of Bermuda, David Burt, who is also Minister of Finance, made it clear that his intention is for a “new class of bank” to…

Bermuda Continues to Develop Digital Assets Legislative Framework

Hot on the heels of the Companies and Limited Liability Company (Initial Coin Offering) Amendment Act 2018 (the “ICO Act”), which seeks to introduce a statutory framework for initial coin…

Bermuda Launches ICO and Digital Assets Legislative Framework

During April 2018, the Government of Bermuda tabled the Companies and Limited Liability Company (Initial Coin Offering) Amendment Act 2018 (the “ICO Act”), introducing a statutory framework for initial coin…

2014 Throne Speech: A brief summary of the Parliamentary Agenda

The Governor George Fergusson delivered the annual Throne Speech on November 7, laying out the Bermuda Government’s plans for the upcoming year. Economic recovery will continue to be the national priority, the Government announced. This speech marked the opening of a new parliamentary year, the third under the new One Bermuda Alliance Government and the […]

2014 Proposed Amendments to Bermuda’s AML/ATF Legislation – Expansion of the Definition of Politically Exposed Persons

Changes in Bermuda’s Anti-Money Laundering and Terrorist Financing (“AML/ATF”) Legislation will be addressed in Parliament in order to bring the technical components into compliance with the 2012 Revised Financial Action Task Force (“FATF”) 40 recommendations (the “Recommendations”).

Protective Costs Orders considered for the first time in Bermuda Courts

The 2014 matter involving the Bermuda Environmental Sustainability Task Force (“BEST”) and the Minister of Home Affairs [2014] SC (Bda) 73 App (18 September 2014) raised interesting legal points as it relates to environment and planning law. The substantive matter is discussed in a further article by my colleague Jessica Kemmenoe in another post.

Trustee Amendment Act 2014 — the “magical morning after pill” still available in Bermuda

…it would seem that, unnoticed by the equity judges and academics over the centuries, actions subsequently regretted by trustees have a quality of reversibility. It appears that Doctor Equity can administer a magical morning after pill to trustees suffering from post-transaction remorse, but not to anyone else.[1] The Trustee Amendment Act 2014 (the “Act”) (35 KB PDF) […]

Corporate Landholding in Bermuda

On 27 March 2014 the Government enacted the Companies Amendment Act 2014 (the “Amendment Act”) (58 KB PDF) introducing new provisions to the Companies Act 1981 with regards to the ability of local and exempt companies to acquire land in Bermuda. An accompanying corporate landholding policy (the “Policy”) was issued to run alongside the Amendment Act to […]

New Corporate Governance Requirements for Trustees, Investment Providers and Fund Administrators

Recently, the following Orders were enacted to add a dedicated corporate governance licensing criterion to the Trust (Regulation of Trust Business) Act 2001, the Investment Business Act 2003 and the Investment Funds Act 2006 (collectively, the “Regulatory Acts”): Trusts (Regulation of Trust Business) Amendment Order 2014 (50 KB PDF); Investment Business Amendment Order 2014 (50 KB PDF); and Investment […]