Further to our
Alert of 30 December which outlined recent important amendments
to Bermuda's Economic Substance legislation, we are now pleased
to provide a more detailed Memorandum on Bermuda's economic
substance regime, which summarises the requirements under the
Economic Substance Act 2018 (as amended), the Economic Substance
Regulations (as amended) and the Guidance Notes.
The Memorandum covers which entities are in scope and therefore
required to have economic substance, the broad economic substance
requirements for each in-scope entity, and the compliance and
enforcement process. We hope you find it a handy reference. Please
note, however, that what constitutes compliance with economic
substance requirements will necessarily differ from entity to
entity, depending on each entity's relevant activity and the
nature, scale and complexity of the entity's business. You are
advised to contact your usual Conyers lawyer for advice on your
particular circumstances.