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ARTICLE · 07 NOVEMBER 2019

Bermuda Updates Its Digital Asset Business Regulatory Regime

The Digital Asset Business Amendment Act 2019 (DAB Amendment Act) was brought into force on 8 October 2019 and amends the Digital Asset Business Act 2018 (DABA)...

BermudaTechnology

The Digital Asset Business Amendment Act 2019 (DAB Amendment Act) was brought into force on 8 October 2019 and amends the Digital Asset Business Act 2018 (DABA) to adapt to market expectations and ensure the regulatory regime remains fit for purpose. The DABA legislation regulates digital asset business carried on in or from within Bermuda and protects the interests of clients or potential clients of persons conducting digital asset business.

The most noteworthy updates contained within the DAB Amendment Act are with respect to the expansion of the scope of regulated digital asset business activities, a brief summary of which is set out as follows:

  • The definition of "exchange" was replaced with "digital asset exchange" which means a centralized or decentralized electronic marketplace used for digital asset issuances, distributions, conversions and trades, including primary and secondary distributions, with or without payment. Under DABA, operating such an

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