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ARTICLE · 24 FEBRUARY 2024

Overview Of Fintech Laws And Regulations In Bermuda 2024

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With the introduction of digital assets to Bermuda the Digital Asset Business Act 2018 (DABA) working in tandem with the statutes listed above regulates...

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1. WHAT ARE THE SOURCES OF PAYMENTS LAW IN YOUR JURISDICTION?

The main laws which regulate electronic payments in Bermuda are the:

  • Banks and Deposit Companies Act 1999 (Banks Act)
  • Bermuda Monetary Authority Act 1969 (BMA Act)
  • Electronic Transaction Act 1999 (ETA)
  • Money Service Business Act 2016 (MSB Act)

With the introduction of digital assets to Bermuda the Digital Asset Business Act 2018 (DABA) working in tandem with the statutes listed above regulates payments made using cryptocurrencies.

2. CAN PAYMENT SERVICES BE PROVIDED BY NON-BANKS, AND IF SO, ON WHAT CONDITIONS?

Payment services can be provided by non-banks on the condition they have received a licence from the Bermuda Monetary Authority to do so. The licence that will apply will depend on the type of activities and business to be carried out by the applicant from and within Bermuda.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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