Bermuda continues to attract technology-based start-ups. With
each new start-up comes the question of what types of digital
transactions are permitted under our legal and regulatory regime,
including the ability to offer tokenised funds.
By a tokenised fund, we are referring to a fund that represents
investors’ interest in the fund through the issuance of
digital assets. There are several reasons why interest is being
generated in tokenised funds, which depend upon the type of token
to be issued and the type of fund being launched.
The purpose of this article is not to provide an exhaustive
explanation of why one may look to launch a tokenised fund but to
explain whether, if one wishes to do so, whether Bermuda can
facilitate such an offering and, if so desired, (e.g. to satisfy
investor demand for a regulated product), bring such a fund within
the scope of the Investment Funds Act 2006 (Act).