Bermuda: Corporate/Commercial Law

Bermuda's private equity funds face mounting pressure as net asset values concentrate in fewer, larger portfolios while traditional exit routes remain constrained. With merger and acquisition markets uncertain and distribution droughts complicating fundraising, sponsors must navigate continuation vehicles and NAV financing as alternative liquidity solutions, each carrying distinct structural complexities and contractual implications under Bermuda's flexible partnership framework.

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.

Artificial intelligence is rapidly transforming workplace decision-making, moving from administrative tasks to influencing recruitment, performance management, and termination decisions. As employers increasingly rely on AI systems to process information and make recommendations about employees, they face growing legal risks around discrimination, transparency, and accountability. Understanding how existing privacy laws like Bermuda's PIPA apply to AI-assisted employment decisions, and implementing proper h

The Bermuda Monetary Authority has released a consultation paper proposing principles-based guidance on artificial intelligence use in financial services, clarifying how existing regulatory frameworks apply without introducing new AI-specific legislation. The guidance establishes eight core principles and detailed expectations for governance, risk management, and oversight of AI systems, including emerging agentic AI capabilities. Regulated entities must now assess their AI inventories, board oversight arra

The Bermuda Monetary Authority has introduced a new Police Clearance Certificate requirement for Key Persons of regulated financial institutions, effective October 2026. This regulatory change strengthens vetting processes and aligns Bermuda with international standards by requiring additional criminal history documentation during approval processes. In-scope insurers must now navigate new compliance obligations for controllers, officers, and other designated Key Persons.

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.