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Digital Assets Laws & Regulations

Bermuda

Chapters & Answers

12 chapters with 52 sections

1.1

What is the general regulatory environment for digital assets in your jurisdiction?

Bermuda has created a comprehensive regulatory framework for digital assets, with the Digital Asset Business Act 2018 (DABA) serving as the cornerstone of its regulations. The Bermuda Monetary Authority (BMA) is the sole regulator for digital asset activities, overseeing businesses such as exchanges, custodians, and wallet providers. The DABA establishes clear categories for digital assets, classifying them based on their function, and outlines specific compliance requirements to ensure both financial stability and consumer protection. Bermuda’s regulatory approach aims to strike a balance between fostering innovation in the digital asset sector and maintaining strong oversight. By aligning its framework with international standards, Bermuda seeks to attract digital asset businesses while mitigating risks associated with fraud, money laundering, and financial instability. This robust regulatory environment is designed to ensure that Bermuda remains a leading jurisdiction for digital asset businesses, providing a secure and well-regulated space for growth and innovation.

Contributing Editors

Steven Rees
Steven Rees Davies
Carey Olsen
Steven's practice covers a broad spectrum of corporate, commercial and regulatory law with specific depth and experience in corporate governance and regulation, mergers and acquisitions (M&A), finance, securities and restructuring. A recognised specialist in the fintech and digital asset sector, Steven worked with the Bermuda government in the introduction and development of its digital asset legal and regulatory regime, and represents a significant number of digital asset companies headquartered, or with operations, in Bermuda. He also has particular expertise in infrastructure projects and the wider technology, telecommunications and energy sectors. Steven regularly represents clients on a wide variety of local and cross-jurisdictional corporate and regulatory transactions and restructurings as well as public offerings (IPOs), private placements and listings on the Bermuda, New York and London stock exchanges. He also advises on complex multinational joint ventures and private equity projects. Steven has acted as a director on the boards of US and European listed companies as well as smaller entrepreneurial private companies and has advised on all aspects of business law that affect such entities. He is as comfortable advising technology start-ups as he is with the boards of international conglomerates.