ARTICLE
28 January 2022

Investment Business Act Will Bring New Requirements

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Walkers

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We are a leading international law and professional services firm providing legal, corporate and fiduciary services to global corporations, financial institutions, capital market participants and investment fund managers. With a global presence spanning the Americas, Europe, the Middle East and Asia, we advise on the laws of Bermuda, the British Virgin Islands, the Cayman Islands, Guernsey, Ireland and Jersey. With over sixty years of looking at the world through the same commercial lens as our clients means we deliver focused, clear, precise advice to get the deal done. Clients trust us to help them make good business decisions, create commercially sound products and strategies, resolve disputes and cement deals that are profitable. From offices across geographies, we deliver business-critical advice and service in the same time zones as our clients, covering asset management, investment funds, corporate, M&A, dispute resolution, finance, insurance, fintech, private capital and trusts, regulatory and more
The regulatory and risk advisory landscape is heating up for 2022 in Bermuda with a number of legal and regulatory changes on the horizon.
Bermuda Corporate/Commercial Law
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The regulatory and risk advisory landscape is heating up for 2022 in Bermuda with a number of legal and regulatory changes on the horizon. The most significant will be the proposed changes to the Investment Business Act 2003, and associated rules and codes of practice (the "IBA"). In its current state, Bermuda-formed or incorporated persons are only required to be licensed where they are carrying on investment business activities from a place of business in Bermuda. However, as a result of the proposed legislative amendments to the IBA, all Bermuda-formed or incorporated persons who are carrying on investment business will be required to be licensed, and subject to full regulatory and supervisory oversight by the BMA or registered if they qualify for differing treatment under any other section of the modified framework.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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