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ARTICLE · 23 OCTOBER 2019

Bermuda Expands Licensing Regime To Include Digital Assets Derivatives

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The Digital Asset Business Amendment Act 2019 (the "DABA Amendment Act") was approved by the Bermuda Parliament on 2 October 2019.

BermudaTechnology

The Digital Asset Business Amendment Act 2019 (the "DABA Amendment Act") was approved by the Bermuda Parliament on 2 October 2019 and, once operative, will bring eagerly awaited amendments to the existing licensing framework for digital assets businesses in Bermuda.

The DABA Amendment extends the scope of digital asset business activities that are captured under the  Digital Assets Business Act, 2018 ("DABA") and which require a licence from the BMA to conduct such activities in Bermuda. 

The key amendments to DABA under the DABA Amendment Act include: » regulation of persons who operate a 'digital asset derivative exchange' and provide the services of (a) creating, selling or otherwise entering into digital asset derivatives contracts; and (b) clearing and settlement of digital asset derivatives. 'Digital asset derivatives' include contract for differences, options, swaps and futures contracts, based on a digital assets underlying interest; » regulation of

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