Bermuda Captives Podcast

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.

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.

Explore how Bermuda's legal profession has evolved and strengthened its regulatory framework, professional standards, and community engagement since celebrating 400 years of established courts. Discover the mechanisms that maintain the jurisdiction's reputation as a premier international business center through robust bar governance, continuing education requirements, and disciplinary oversight.

Bermuda's financial services sector faces a critical challenge as traditional compliance frameworks struggle to keep pace with the BMA's increasingly sophisticated, data-driven supervisory approach. Many firms have inadvertently created compliance systems so heavy and reactive that they impede business operations rather than effectively managing risk. The article examines how a shift toward precision-based, truly risk-sensitive compliance can transform regulatory burden into competitive advantage.

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').

The Beneficial Ownership Act 2025 consolidates Bermuda's beneficial ownership regime into comprehensive legislation that enhances transparency requirements to align with international standards. This guide examines the key obligations for Bermuda entities, including identification and verification requirements, maintenance of beneficial ownership registers, and filing obligations with the Registrar of Companies. Understanding these requirements is essential for entities operating in Bermuda to ensure compli

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.

The Bermuda Economic Substance Regime has undergone significant administrative changes with the transfer of oversight from the Registrar of Companies to the Bermuda Corporate Income Tax Agency. Entities with a December 31, 2025 financial year-end face a June 30, 2026 filing deadline for their Economic Substance Declaration Forms, with new enforcement powers and penalty structures now in effect.

A guide to Mergers & Acquisitions (M&A) law in Bermuda, with a focus on key areas including deal structure, due diligence requirements, regulatory frameworks, treatment of seller liability, deal process...

M&A activity in India and ASEAN countries accelerated from Q3 2025 into early 2026, driven by domestic consolidation, financial services, energy transition and technology sectors. Deal volumes remained high with a deep mid-market pipeline, while private equity dominated as the primary buyer class, increasingly seeking majority stakes as sellers accepted lower valuations than peak market periods.

The Abu Dhabi Global Market has eliminated its nexus requirement for Special Purpose Vehicles, fundamentally transforming access to one of the region's most established structuring regimes. This regulatory shift moves away from geographic eligibility tests toward a governance-focused framework emphasizing transparency, compliance, and the legitimate purpose of holding structures.

The UK Supreme Court's decision in Saxon Woods v Costa establishes that directors cannot justify covert, disloyal conduct by claiming they sincerely believed they were acting in the company's best interests. This analysis examines how the ruling clarifies section 172 of the Companies Act 2006 and explores its implications for directors of Jersey companies, where article 74(1)(a) of the Companies (Jersey) Law 1991 takes a different structural approach to the same fundamental duty.

The UK's proposed AIFM reforms aim to create a more proportionate framework for emerging alternative investment fund managers. As these businesses evolve from proof-of-concept to institutional scale, they face increasingly complex questions around fund structuring, investor access, and long-term platform development that require sophisticated jurisdictional solutions.

Collateralised fund obligations (CFOs) are emerging as a critical financing mechanism for private fund sponsors seeking to access institutional capital markets. This analysis examines why the Channel Islands—specifically Guernsey and Jersey—have become preferred jurisdictions for structuring CFO vehicles targeting UK and European assets, combining regulatory credibility with tax efficiency and structural flexibility.

Bermuda's Digital Asset Business Act framework offers DeFi platforms and DAOs a structured regulatory pathway that bridges decentralised governance with institutional-grade compliance. Through tiered licensing and foundation company structures, projects can evolve from testing to full authorisation while maintaining token-holder governance and meeting institutional investor requirements.

Interim freezing injunctions serve as a critical mechanism in Guernsey for preventing respondents from dissipating or transferring assets during legal proceedings. The Royal Court's flexible approach to granting these orders, whether in support of domestic or international proceedings, demonstrates Guernsey's commitment to maintaining its reputation as a reputable international financial centre while balancing the rights of both applicants and respondents.

As the UAE strengthens its position as a leading international financial hub, boards of DIFC and ADGM entities face mounting pressure to demonstrate sound decision-making and robust governance. Regulators increasingly expect clear evidence that governance arrangements work effectively in practice, not just on paper. With enhanced scrutiny on oversight, compliance, and risk management, boards must show how decisions are reached, risks are assessed, and actions are followed through.

When a settlor-beneficiary requests the sale of real estate held through a trust-owned company, can the trustee simply inform the directors and step back? This article examines the trustee's active supervision obligations under the Bartlett duty, explores how anti-Bartlett clauses operate in practice, and reveals why professional trustees cannot shelter behind the corporate veil when conflicts of interest arise within the same corporate group.

Private credit activity in the Middle East is expanding rapidly, with sponsors and investors deploying capital through increasingly sophisticated lending and structured financing arrangements. The Cayman Islands exempted company offers a flexible corporate framework that can perform multiple functions within a single transaction, from investor aggregation to direct lending, while accommodating complex economic rights and governance structures.

China has introduced a comprehensive Individual Income Tax regime for offshore trusts, imposing a 20% flat tax on settlors and beneficiaries with Chinese connections. With a 90-day transition window now in effect, affected individuals must urgently assess their disclosure obligations and consider whether existing trust structures remain viable under the new rules.