Bermuda recently passed two pieces of legislation which will
result in changes to the Investment Funds Act 2006 (Funds
Act). These are the Economic Substance Act 2018
(Substance Act) and the Investment Funds Amendment
Act 2018 (Funds Amendment Act).
Substance Act – Changes Regarding Private Funds and
Exempted Funds
The Substance Act, which became operative on 31 December 2018,
amends the Funds Act in order to bring the regulatory regime of
Bermuda’s investment fund industry in line with international
standards and create consistency with other regulatory regimes in
Bermuda.
The Funds Act is amended in the following ways:
- Reference to Excluded Funds in
relation to Private Funds (i.e. funds for fewer
than 20 investors) has been removed meaning that the term Excluded
Funds can no longer be used interchangeably with that of Private
Funds.