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, hostile bids and other trends across the M&A sector in the jurisdiction.
This guide to mergers and acquisitions (M&A) in Bermuda covers the following topics:
Deal structure
1.1 How are private and public M&A transactions typically structured in Bermuda?
Most entities formed in Bermuda are companies limited by shares incorporated under the Companies Act 1981, as amended (Companies Act). Although we are seeing an increase in other types of entity entering into M&A transactions, the discussion in this Q&A focuses primarily on M&A transactions involving companies. In particular, this discussion is focused on our experience with companies that, because of the international nature of their business, are exempt from requirements that a certain percentage of their equity is owned by