Bermuda: Corporate/Commercial Law

Confidence in the maritime sector's long-term fundamentals remains strong despite ongoing geopolitical and economic uncertainty. Key differentiators include resilience through strong balance sheets, speed and certainty of execution in financing decisions, and expanding investment opportunities beyond traditional vessel finance into ports, terminals and broader maritime infrastructure assets.

Global M&A activity surged to a five-year high in the first half of 2026 while IPO markets remained highly selective, with Bermuda companies demonstrating continued strength through strategic redomiciliations, major acquisitions, and sustained capital markets activity across shipping, financial services, and energy sectors.

The global shipping industry in 2025 demonstrated resilience through active financing markets, strategic consolidation, and a steady pipeline of equity and M&A transactions.

The Bermuda Monetary Authority has introduced a new regulatory requirement mandating Police Clearance Certificates for Key Persons in AML/ATF-regulated financial institutions, effective October 2026.

The Bermuda Monetary Authority has introduced a new regulatory requirement mandating Police Clearance Certificates for Key Persons in AML/ATF regulated financial institutions, effective October 2026. This policy change extends beyond initial applications to encompass all subsequent personnel changes, fundamentally altering the vetting landscape for Bermuda's financial sector. Understanding these requirements and their implications is crucial for institutions seeking to maintain compliance with the island's

Bermuda's managing general agent market is evolving rapidly as capacity providers demand better governance, aligned incentives, and transparent oversight. With regulatory scrutiny intensifying and new capital structures emerging, the island's sophisticated infrastructure positions it uniquely to accommodate the next generation of MGA platforms that combine specialist underwriting expertise with dedicated capital vehicles.

Bermuda's Limited Liability Company (LLC) structure offers a compelling alternative to traditional companies and limited partnerships, combining governance flexibility with full limited liability protection for members who actively participate in management. This hybrid vehicle has evolved from a slow start to become an increasingly popular choice for investment platforms, joint ventures, and multinational structures seeking consistency across jurisdictions.

The catastrophe bond market has officially broken records in H1 2026, with the highest number of deals settling in the first six months of any year.

On 11 June 2026 Bermuda's Registrar of Companies (the 'RoC') released draft Beneficial Ownership Regulations ('Regulations') and revised draft Beneficial Ownership Regime of Bermuda Guidance Notes (the 'Guidance Notes').

Company directors constitute fiduciaries under Bermuda law and therefore owe various duties to their company. The duties owed by the directors are founded in both legislation and the common law.

On 21 November 2025, Bermuda passed the Companies (Prohibition of Bearer Shares and Nominee Directors) Amendment Act 2025 (Act).

The Companies (Prohibition of Bearer Shares and Nominee Directors) Amendment Act 2025 (the "Act") was passed in the House of Assembly on 21 November 2025.