Bermuda: Shareholders

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Duties Of Company Directors Under Bermuda Law

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.

Bermuda Commercial

CO

Carey Olsen

Seychelles Corporate Governance: The New Landscape For 2026

The Seychelles Financial Services Authority (FSA) has fundamentally changed the corporate governance expectations for regulated entities.

Bermuda Commercial

A

Appleby

Extracting Capital From A Bermuda Company

It is widely accepted that one of the main purposes of a business is to create value for its shareholders, who contribute significant capital into entities, hoping that value will be returned to them.

Bermuda Commercial

A

Appleby

Shareholder Activism In Bermuda

There are thousands of companies registered in Bermuda. Many of those are exempted companies which conduct business outside of Bermuda...

Bermuda Commercial

CO

Carey Olsen

Bermuda Shareholder Schemes Of Arrangement: A Practical Guide

Bermuda Commercial

C

Conyers

Discovery In Amalgamation Claims

Bermuda Commercial

C

Conyers

Alpine Partners (BVI) L.P. And CMB Tech Bermuda Limited [2025] SC (Bda) 118 Com

Bermuda Commercial

CC

Collas Crill

Litigation 2026

Bermuda Commercial

A

Appleby

Bermuda's Beneficial Ownership Act 2025: Enhancing Clarity, Compliance And Confidence

Bermuda Commercial

W

Walkers

Judicial Committee Of The Privy Council Declares The End Of The 'Shareholder Rule' Regarding Privilege

Bermuda Commercial

AG

Akin Gump Strauss Hauer & Feld LLP

Legal Privilege – The King Has Been Advised – The Shareholder Rule No Longer Applies Under English Law

Bermuda Commercial

BC

Bryan Cave Leighton Paisner

Privy Council Abolishes Shareholder Exception To Legal Advice Privilege

Bermuda Commercial

A

Appleby

Legal Advice Privilege: The Death Of The 'Shareholder Rule'

Bermuda Commercial

KL

Kennedys Law LLP

Bermuda Court Confirms Personal Right Of Action Of Company Directors To End Wrongful Exclusion

Bermuda Commercial

CO

Carey Olsen

South & Southeast Asia M&A Report – Q1 2026

Worldwide Commercial

C

Conyers

Latin American Risks And The Bermuda Market

Bermuda Insurance

A

Appleby

Beneficial Ownership Regime In Bermuda: An Overview

Bermuda Commercial

CO

Carey Olsen

Operational Resilience And Outsourcing Code

Bermuda Insurance

C

Conyers

Legal Privilege In The Age Of AI

Bermuda Technology

C

Conyers

The Duties Of Independent Directors In Amalgamations And Mergers

This article is the second of a three-part series analysing the decision of Justice Martin in Glendina Pty Limited & Ors v NKWE Platinum Ltd (2025) SC (Bda) 15 Civ – the first "fair value" appraisal claim under section 106...

Bermuda Commercial

C

Conyers

Practical Tips For Conducting Workplace Investigations

The first decision an employer will need to make when faced with allegations of employee misconduct is whether an investigation is necessary at all.

Bermuda Employment

A

Appleby

The Bermuda Court's Approach To Valuation In Shareholder Appraisal Proceedings

This article provides a brief overview of s.106 appraisal proceedings before addressing the Glendina decision in detail, considering the factual background to that case, the deficiencies in the expert evidence that was available, and the Court's approach to valuation.

Bermuda Commercial

KL

Kennedys Law LLP

Bermuda Supreme Court Sanctions Pre-Winding Up Asset Sale Despite Creditor Opposition

In a significant decision from the Commercial Division of the Supreme Court of Bermuda, Justice Shade Subair Williams has provided important clarification...

Bermuda Insolvency

C

Conyers

Cayman Court Grants Convening Order, Marking Key Step In Kaisa's Recovery Plan

Worldwide Insolvency

A

Appleby

Dividends Out Of Share Premium: A Brief Refresher

Worldwide Commercial

C

Conyers

Sunrise Radio Considered – Is A Debt-for-equity Swap Carried Out At An Undervalue Unfairly Prejudicial?

Bermuda Commercial

C

Conyers

Shareholder And Director Remedies Under Bermuda Law

Bermuda Commercial

CO

Carey Olsen

Comparison Of Laws In Bermuda And The Cayman Islands Relating To Offshore Companies ( March 2025)

Worldwide Commercial

C

Conyers

Bermuda Public Companies: Offshore Companies – Onshore Exchanges (March 2025)

Bermuda Commercial

C

Conyers

"Fair Value" In Appraisal Actions Under The Companies Act 1981 S 106(6)

Bermuda Commercial

C

Conyers

Why Corporations Looking To Move From Delaware Should Consider Redomiciling To Bermuda: A Legal Perspective

Bermuda Commercial

C

Conyers

Exploring Bermuda's Insurance Group Supervision Framework

Bermuda Insurance

W

Walkers

Segregated Portfolio Companies: Cayman Courts Upholding The Segregated Principle

Bermuda Commercial

C

Conyers

"Fair Value" In Appraisal Actions Under The Companies Act 1981 S 106(6)

On 4 February 2025, Martin J handed down judgment in Glendina Pty Limited & Ors v NKWE Platinum Ltd (2025) SC (Bda) 15 Civ. It is the first "fair value"...

Bermuda Commercial

C

Conyers

Why Corporations Looking To Move From Delaware Should Consider Redomiciling To Bermuda: A Legal Perspective

Recent decisions in the Delaware courts have prompted many corporate groups to re-evaluate if Delaware is the best domicile for their operations.

Bermuda Commercial

C

Conyers

Exploring Bermuda's Insurance Group Supervision Framework

The Bermuda Monetary Authority ("BMA") published its consultation paper – "Proposed Enhancements to the Insurance Group Supervision Framework" on 4 December 2024 (the "Consultation Paper").

Bermuda Insurance

W

Walkers

Segregated Portfolio Companies: Cayman Courts Upholding The Segregated Principle

A Segregated Portfolio Company (SPC) provides for the protection of the assets held under one portfolio by ring-fencing them from the liabilities of other portfolios in the same company.

Bermuda Commercial

C

Conyers

Clarification Of Test For Obtaining Documents From Non-parties For Use In Bermuda Litigation

Bermuda Commercial

KL

Kennedys Law LLP

Re-Thinking Bye-Law Indemnities For Company Directors: The Decisions In Global Distressed Alpha Capital I Limited v Herman And Eddlestone [2023] CA (Bda) 12 Civ And [2024] CA (Bda) 14 Civ.

One of the more striking features of Bermuda company law is just how difficult it is for a company to sue its directors.

Bermuda Commercial

MD

Marshall Diel & Myers

Discovery Complications Between Related Entities, Privilege And The Shareholder Principle

The substantive dispute concerned whether a fair and reasonable price had been paid in a compulsory buy-out of shares in an amalgamating public company.

Bermuda Commercial

C

Conyers

Bermuda Public Companies: Offshore Companies – Onshore Exchanges

This publication has been prepared for the assistance of those who are considering the formation of public companies in Bermuda. It deals in broad terms with the requirements of Bermuda law...

Worldwide Commercial

C

Conyers

Choosing The Right Structure For Your Business In Bermuda

Anyone seeking to set up a business in Bermuda has a variety of options, depending on the nature of the business activities planned and whether they wish to conduct business in the local market.

Bermuda Commercial

A

Appleby

Shareholder Rights Plans In Bermuda

Bermuda Commercial

W

Walkers

An Introduction To Dispute Resolution In 2024

Bermuda Litigation

A

Appleby

Preserving Wealth In A Bermuda Dynastic Trust

Bermuda Wealth Mgt

A

Appleby

Looking Ahead: The Bermuda Insurance M&A Horizon In 2024

Bermuda Insurance

W

Walkers

Update To The Adler High Court Decision: The UK's Court Of Appeal Overturns The High Court's Approval Of The Adler Restructuring Plan

Bermuda Insolvency

C

Conyers

Bermuda Public Companies Update – H2 2023

Bermuda Commercial

C

Conyers

Merger Appraisal Actions In Bermuda – A Balanced Regime

Bermuda Commercial

KL

Kennedys Law LLP

Lau Man Sang, James And Others v. King Bun Limited And Others BVIHCMAP2021/0034

Bermuda Commercial

C

Conyers

Guide To Mergers & Acquisitions (M&A) In Bermuda 2023

Bermuda Commercial

A

Appleby

Conversion Of An Exempted Company To An Exempted Limited Partnership

Bermuda Commercial

C

Conyers

Starting A Captive In Bermuda? What You Need To Know

Bermuda Insurance

A

Appleby

Cayman Schemes – Where Are We Now?

Worldwide Commercial

C

Conyers

Foundations Are Easily Understood By Clients From Civil Law Countries

Bermuda Commercial

A

Appleby

Advising Directors

Bermuda Commercial

A

Appleby

Mergers & Acquisitions Comparative Guide 2022

Bermuda Commercial

A

Appleby

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Highlighted Content

Corporate Revival For Tax Purposes: When Is It Necessary For A Dissolved Corporation?

RS

Rotfleisch & Samulovitch P.C.

The CRA Issues A New 'Income Tax Folio' On How Shareholder Loans And Debts Are Treated

RS

Rotfleisch & Samulovitch P.C.

A Canadian Tax Lawyer's Guide To S.51 Rollovers: What And How Shareholders Can Convert Equity Into New Shares Without Capital Gains

RS

Rotfleisch & Samulovitch P.C.

More Ontario Updates: Bill 88 Receives Royal Assent, Minimum Wage To Increase October 1, 2022

Canada Employment

SE

Stikeman Elliott LLP

Three's A Crowd? Ontario Court Of Appeal Clarifies Test For Common Employer

Canada Employment

SE

Stikeman Elliott LLP

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BB

Beresford Booth

Legal Considerations Of Starting A Business: Insights From Our CTV Your Morning Interview (Video)

WG

Watson Goepel LLP

2026 Dallas Board Of Directors Forum: Key Takeaways (Video)

BB

Baker Botts LLP

Key Lessons From The 2025 Proxy Season (Video)

BT

Barnes & Thornburg LLP

DExit: Why Some Companies Are Leaving Delaware (Video)

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Foley & Lardner

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