Guide to Bermuda’s Digital Asset Business Regulatory Regime

Bermuda successfully launched the Digital Asset Business Act (DABA) in 2018 which established the foundation for a comprehensive legislative and regulatory framework designed to support and facilitate growth in the financial technology (Fintech) sector. The digital asset business regulatory regime was updated in 2020 to provide clarity around digital asset exchanges and derivative exchange providers as well as to introduce an additional class of licence allowing applicants to select from these licence categories:

  • class F licence under which a person will be licensed to provide any or all of the digital asset business activities under the definition of digital asset business;
  • class M licence, under which a person will be licensed to provide any or all of the digital asset business activities under the definition of digital asset business for a defined period determined by the Authority; or
  • class T licence, under which a person will be licensed to provide any digital asset business activity under the definition of digital asset business, for a defined period determined by the Authority and for the purpose of carrying out pilot or beta testing in relation to such activity.

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Bermuda Business Vehicles

This Memo sets out some of the main Bermuda business vehicles and briefly summarises key points in relation to each type of vehicle. It includes information on exempted companies, local companies, LLCs, companies limited by guarantee, partnerships, SACs/ISACs, permit companies, trusts, and investment funds.

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Bermuda Chapter of Getting The Deal Through: Corporate Governance

Stephanie P. Sanderson has authored the Bermuda chapter of Getting the Deal Through: Corporate Governance, an international publication. The 2020 edition of Corporate Governance provides a summary of the pertinent aspects of company law and corporate governance practices worldwide touching upon: sources of governance rules and practice, government agencies, rights of shareholders, voting rights and requirements, shareholders’ duties and liability, anti-takeover devices, directors’ standard of care, economic substance requirements, as well as various other important corporate governance matters.

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Bermuda Chapter of Getting the Deal Through: Public M&A

Stephanie P. Sanderson, Partner, has authored the Bermuda chapter of Getting the Deal Through: Public M&A, 2020 edition. This specialist international publication covers M&A transactional requirements and procedures governing publicly listed companies, covering such areas as: types of business combinations, applicable legislation, filings and public disclosure requirements, substantial shareholding regulations, duties of directors and controlling shareholders, shareholder rights of approval and appraisal, and hostile transactions, among other key topics.

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BeesMont Law Limited Helps CrossTower Acquire Digital Asset Business Licence

BeesMont Law Limited would like to congratulate CrossTower Bermuda Ltd. for successfully acquiring a Class M Digital Asset Business Act Licence issued by the Bermuda Monetary Authority. This new licence authorises CrossTower to operate in Bermuda as a digital asset exchange and provide custodial wallet services. CrossTower is a new exchange operator founded by capital markets veterans on a mission to mainstream digital asset investing and trading. BeesMont Law Limited’s Technology & Innovation Team advised and assisted CrossTower in obtaining its Bermuda licence.

BeesMont Law provides advice and legal support with respect to the establishment, regulatory, compliance, and business operations of digital asset business companies in Bermuda.

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BeesMont Law, Stephanie Sanderson Recognised by IFLR1000

BeesMont Law Limited and Stephanie Sanderson have once again been recognised by the prestigious IFLR1000 Guide.

Stephanie has been endorsed as a Leading Lawyer – Highly Regarded in the IFLR1000 30th Edition, described as one of the premier guides to the world’s leading financial and corporate law firms and leading lawyers, with rankings published internationally.


Bermuda Law Guide: Data Protection in the Time of COVID-19

Gretchen Tucker has authored a COVID-19 Data Protection Guide which provides a detailed overview of the activities of Bermuda’s first Privacy Commissioner, Mr. Alexander McD White. The Guide summarises the work of the Office of the Privacy Commissioner during the first effective year of Mr. White’s appointment and informs Bermuda organisations and overseas companies interested in establishing a Bermuda office on privacy developments and industry engagement during the pandemic.

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Work From Bermuda One Year Residential Certificate

The ‘Work From Bermuda Residential Certificate’ was launched as of 1 August 2020 and permits individuals to live and work remotely from Bermuda for a 12-month time period. This Guide highlights the key aspects of applying for the Certificate, the criteria for applying and the benefits of living and working in Bermuda under the Certificate scheme.

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Barrister, Peter Sanderson, Joins BeesMont Law

Well-known Bermuda Barrister, Peter Sanderson, has joined  BeesMont Law Limited as Senior Litigation Counsel.

Highly respected in Bermuda and beyond, Mr Sanderson is one of the most active litigators before the courts. His dynamic approach has helped him build an impressive client base across various areas of law.

Mr Sanderson appears regularly before the Supreme Court, Court of Appeal, and specialist tribunals, and has also appeared before the Privy Council in London. He has been able to build a client base across various areas of law, and has been involved with landmark precedents for the interpretation of the law, reported in international publications such as Law Reports of the Commonwealth and West Indian Reports.

Sharon A. Beesley, Partner at BeesMont Law said “We are really pleased to announce that Peter has joined the firm. He brings a wealth of knowledge and experience which expands the services which BeesMont is able to provide for our clients. His internationally-recognised reputation fits in well with the firm’s commitment to providing the highest standard of service for our clients.”

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Economic Substance Reporting

Bermuda’s Economic Substance Portal launched as of 1 May 2020 to provide a reporting platform for filings from entities that are required to file declarations under the economic substance regime in the jurisdiction which impacts companies that carry on ‘Relevant Activities’, including banking, insurance, fund management, financing, leasing, headquarters, shipping, distribution and service centres, intellectual property and holding entities.

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