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ARTICLE · 07 MAY 2021

M&A Guide 2021 – Bermuda Update

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The Companies Act 1981, as amended (Companies Act) is the principal piece of legislation governing companies in Bermuda and under which most companies in Bermuda are incorporated by registration.

BermudaCorporate/Commercial Law
Matthew Ebbs-Brewer
Matthew Ebbs-Brewer
Riley O'Brien
Riley O'Brien
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This country-specific Q&A provides an overview of Mergers & Acquisitions laws and regulations applicable in Bermuda.

1. WHAT ARE THE KEY RULES/LAWS RELEVANT TO M&A AND WHO ARE THE KEY REGULATORY AUTHORITIES?

The Companies Act 1981, as amended (Companies Act) is the principal piece of legislation governing companies in Bermuda and under which most companies in Bermuda are incorporated by registration. As the substantial portion of entities currently formed in Bermuda are exempted companies limited by shares, this chapter primarily focuses on Bermuda M&A transactions involving Bermuda companies.

The provisions by which business combinations (either by merger, amalgamation or, in some instances scheme of arrangement) are effected in Bermuda are contained in the Companies Act. Provisions concerning the compulsory acquisition in connection with a share acquisition or business acquisition are also contained in the Companies Act. If the entity is a regulated entity and

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