Caribbean & Atlantic · 🇧🇲

Bermuda

The principal offshore domicile for insurance and reinsurance, covering catastrophe, captive, and insurance-linked risk, and a respected home for listed holding companies and large funds, with cross-border regulatory recognition few jurisdictions can match.

Legal system English common law Regulator Bermuda Monetary Authority Registry Registrar of Companies

Bermuda at a glance

Legal system
English common law; final appeal to the Judicial Committee of the Privy Council
Company formation
Vehicles include the exempted company, segregated accounts companies under the Segregated Accounts Companies Act, limited liability companies, and limited partnerships; exempted companies require BMA consent on share issuance and ownership.
Trust regime
Bermuda offers a sophisticated trust regime including purpose trusts and the ability to reserve powers to settlors, with the Trusts (Special Provisions) Act underpinning structuring. The jurisdiction is widely used for private trust companies and high-value family and philanthropic trusts.
Funds
Funds are regulated under the Investment Funds Act, with institutional, administered, and professional class structures plus a registered/authorized distinction; closed-ended vehicles and ILS structures are common. The BMA supervises investment fund administrators and operators.
Tax posture
Historically a no-direct-tax jurisdiction; Bermuda has enacted a Corporate Income Tax applying to large multinational groups within scope of the OECD global minimum tax (Pillar Two) from 2025, while most other entities remain outside direct taxation. CRS and FATCA reporting apply.
Region
Caribbean & Atlantic · Insurance · Reinsurance
How we act
Coordination by Hart David Carson LLP; local law advice by locally admitted counsel.

Bermuda is the world's principal risk-transfer market. For property-catastrophe and specialty reinsurance, captive insurance, and insurance-linked securities, it is the jurisdiction global groups reach for first, and it is a respected seat for listed holding companies and large institutional funds besides.

Regulatory recognition sets Bermuda apart as much as tax neutrality does. The Bermuda Monetary Authority's commercial-insurance framework holds Solvency II equivalence in the European Union, and Bermuda carries NAIC qualified and reciprocal jurisdiction status in the United States. Together they let a Bermuda insurer or reinsurer transact across the two largest insurance markets without the collateral and capital frictions imposed on unrecognized domiciles. That standing, paired with a deep bench of insurance managers, actuaries, auditors, and brokers concentrated in Hamilton, is why so much of the world's catastrophe and specialty risk is underwritten from the island.

Bermuda's legal foundations are equally settled. It is an English common-law jurisdiction with a commercial court accustomed to corporate, restructuring, and insolvency matters and a final appeal route to the Judicial Committee of the Privy Council, which gives institutional capital and IPO sponsors the certainty they require. The points below are general jurisdictional facts. The right structure for any particular group is confirmed with Bermuda-admitted counsel, and Hart David Carson's role throughout is facilitation and coordination rather than the practice of Bermuda law.

Where we coordinate

The Bermuda capabilities we scope and assemble, from formation and fiduciary work to banking, funds, regulatory, and tax, each delivered through licensed providers and Bermuda-admitted counsel.
01

Company & Entity Formation

We scope the exempted company, often a listing parent, through a licensed corporate-services provider; segregated accounts companies under the Segregated Accounts Companies Act 2000, limited liability companies and limited partnerships cover the other cases. Share issuances, transfers and changes in beneficial ownership generally need Bermuda Monetary Authority consent, which we timetable. Formation takes a few business days after due diligence.

02

Trusts & Foundations

We coordinate private trust companies and family trusts with licensed fiduciaries and Bermuda-admitted counsel. The Trusts (Special Provisions) Act 1989 allows non-charitable purpose trusts and lets settlors reserve powers, which suits holding structures, governance and dynastic planning. High-value family and philanthropic trusts are common, and the Supreme Court is accustomed to trust applications and variations, so later variations are routine.

03

Banking & Accounts

Bermuda hosts established local and international banks long accustomed to insurance, captive, and fund flows. Enhanced due diligence and source-of-funds review are rigorous and applied consistently with international standards, and onboarding favors substantive operating businesses, captives, and regulated entities with clear governance and transparent ownership. A coherent ownership chart and a credible commercial rationale materially improve both the timeline and the outcome.

04

Insurance, Captives & ILS

Insurance is Bermuda's defining capability. The Insurance Act 1978 supports a graduated licensing ladder, from limited-purpose Class 1–3 captives through commercial Class 3A, 3B, and Class 4 insurers and reinsurers, with parallel classes for long-term (life) business, all supervised on a proportionate, risk-based basis by the BMA. Segregated accounts companies and special-purpose insurers are the workhorses of the insurance-linked-securities and collateralized-reinsurance market. We coordinate insurance managers and Bermuda-admitted counsel to scope the right class and prepare the license application.

05

Funds

We coordinate the administrator and Bermuda-admitted counsel who register and operate the vehicle, starting with the class under the Investment Funds Act 2006: institutional, administered or professional, and registered or authorized. That choice fixes the investor base and the BMA's supervisory touch, so it comes first. Closed-ended and insurance-linked vehicles are common, and the BMA supervises funds, administrators and operators.

06

Regulatory & Licensing

The Bermuda Monetary Authority is the integrated regulator for insurance, banking, investment business, and digital assets, administering the Insurance Act 1978, the Digital Asset Business Act 2018, anti-money-laundering and counter-terrorist-financing supervision, and the Economic Substance Act 2018. Dedicated BMA teams handle insurance and digital-asset licensing, and Bermuda is recognized internationally for proportionate, risk-based supervision. Matters before the BMA and the Registrar of Companies are conducted by Bermuda-admitted counsel and licensed managers within our network.

07

Tax & Treaty Posture

We first test the group against Bermuda's Corporate Income Tax, which from 2025 reaches large multinational groups in scope of the OECD global minimum tax, Pillar Two, while most other entities remain outside direct taxation. Bermuda historically imposed no corporate income, capital gains or withholding tax. CRS and FATCA reporting apply. Nothing here is tax advice or a guarantee.

Government Affairs & Facilitators on the ground

How the firm coordinates registry agents, insurance managers, fiduciaries, and banks, and engages the regulator, through Bermuda-admitted counsel.
01

The regulator & registry

Engagement runs through the Bermuda Monetary Authority and the Registrar of Companies, with insurance and digital-asset licensing handled by dedicated BMA teams and corporate and insolvency matters heard by the Commercial Court. That engagement is conducted by Bermuda-admitted counsel; the firm coordinates it and does not itself appear before the regulator.

02

Insurance managers & fiduciaries

Hart David Carson coordinates a facilitation and partner network of Bermuda corporate-services providers, licensed insurance managers, and fiduciaries, the professionals who incorporate, manage, and administer the entity day to day, each selected to fit the class of business and the group's governance needs.

03

Locally admitted counsel

All Bermuda legal advice, legal opinions, and statutory filings are rendered by Bermuda-admitted counsel within the network. The firm scopes the matter, instructs the right local professionals, and keeps the work aligned with the group's wider corporate, tax, and transactional strategy.

04

A coordinator without a local office

Hart David Carson holds no Bermuda office and is not admitted to practice Bermuda law; it acts solely as coordinator. The firm's value is in assembling and project-managing the right registry agents, managers, fiduciaries, banks, and counsel, and in carrying the matter across three time zones to one standard.

How we coordinate a matter here

One partner,
the whole island assembled.

Hart David Carson can scope a Bermuda insurance, captive, segregated-accounts, fund, or holding structure, confirm it is the right fit, and then assemble the people who execute it. We introduce insurance managers and corporate-services providers, coordinate due diligence and banking introductions, and instruct Bermuda-admitted counsel who deliver all local legal advice and filings.

Throughout, BMA engagement is coordinated through that local counsel, and the matter is project-managed from scoping to completion so the Bermuda layer fits the group's wider corporate, tax, and transactional strategy rather than sitting apart from it.

Scope the structure & confirm fit Assemble managers, fiduciaries & counsel Coordinate BMA engagement & banking
Start a Bermuda matter →

Prepared by Hart David Carson LLP · Reviewed by Jonathan D. Herpy, Sr. · Last updated October 2026 · Educational overview · Not legal advice · Local law advice comes from locally admitted counsel.

Frequently asked

Common questions on structuring and coordinating in Bermuda.
Why do international groups choose Bermuda?

Bermuda is the principal offshore domicile for insurance and reinsurance, including catastrophe, captive, and insurance-linked-securities risk, and a respected home for listed holding companies and large funds. Its Solvency II equivalence for commercial insurers and its NAIC qualified and reciprocal jurisdiction status give Bermuda unusually broad cross-border regulatory recognition, which is why so many global risk-bearing groups and IPO holding vehicles are seated there. These are general jurisdictional facts; the right answer for any group depends on its specific objectives and is confirmed with Bermuda-admitted counsel.

What entities are used in Bermuda?

Mostly the exempted company, which many large groups use as the IPO holding vehicle. Segregated accounts companies under the Segregated Accounts Companies Act, limited liability companies and limited partnerships serve narrower needs. Exempted companies generally need Bermuda Monetary Authority consent for share issuances and changes in ownership, so a financing round or a secondary sale should be timetabled around that consent. Formation takes a few business days once due diligence clears, and licensed corporate-services providers, not the firm, arrange it.

How is Bermuda regulated and taxed?

One regulator, light tax. The Bermuda Monetary Authority supervises insurance and banking plus investment business and digital assets, administering the Insurance Act, the Digital Asset Business Act and the Economic Substance Act alongside AML/CFT supervision. Historically a no-direct-tax jurisdiction, Bermuda from 2025 applies a Corporate Income Tax to large multinational groups in scope of the OECD global minimum tax, Pillar Two, while most other entities remain outside direct taxation, so group size is tested first. CRS and FATCA reporting apply.

Does Hart David Carson have an office in Bermuda?

No. Hart David Carson LLP does not maintain a Bermuda office and is not admitted to practice Bermuda law. The firm coordinates a facilitation and partner network of Bermuda corporate-services providers, insurance managers, and fiduciaries, working alongside locally admitted counsel who deliver all Bermuda legal advice, legal opinions, and statutory filings. Our role is to scope, assemble, and project-manage the right local professionals.

Can the firm engage with the Bermuda Monetary Authority?

Engagement on matters before the Bermuda Monetary Authority and the Registrar of Companies, including insurance and digital-asset licensing handled by dedicated BMA teams, is conducted by Bermuda-admitted counsel and licensed managers within the network. Hart David Carson coordinates that engagement and aligns it with the group's wider corporate, tax, and transactional strategy; the firm does not itself appear before or speak for the regulator.

How does a Bermuda matter typically begin?

It begins with scoping the objective, which may be an insurer, a captive, a segregated-accounts structure, a fund, or a holding company, and confirming it is the right fit. Hart David Carson then introduces insurance managers and corporate-services providers, coordinates due diligence and banking introductions, and instructs Bermuda-admitted counsel to render local advice and make the necessary filings, project-managing the whole timeline across time zones.

The structuring toolkit we bring

The firm-side capabilities most often deployed into Bermuda work. One partner coordinates U.S. counsel and locally admitted advisers for each of them.

Insurance & captives

In Bermuda, the BMA is the integrated regulator for insurance, banking, investment business, and digital assets, administering the Insurance Act, the Digital Asset Business Act, AML/CFT supervision, and the Economic Substance Act.

Insurance & captives →

Captive insurance

Bermuda is recognized for proportionate, risk-based insurance supervision.

Captive insurance →

International tax

Bermuda has historically been a no-direct-tax jurisdiction; it has enacted a Corporate Income Tax applying to large multinational groups within scope of the OECD global minimum tax (Pillar Two) from 2025, while most other entities remain outside direct taxation.

International tax →

International corporate structuring

In Bermuda, vehicles include the exempted company, segregated accounts companies under the Segregated Accounts Companies Act, limited liability companies, and limited partnerships; exempted companies require BMA consent on share issuance and ownership.

International corporate structuring →

Related jurisdictions

Other Caribbean & Atlantic jurisdictions we coordinate.

Cayman Islands 🇰🇾

The dominant domicile for offshore investment funds and cross-border SPVs. Tax-neutral, with creditor-tested case law and a Privy Council appeal route.

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British Virgin Islands 🇻🇬

The world's most widely used jurisdiction for holding and special-purpose vehicles, fast and low-cost, with a flexible, well-litigated companies statute.

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Bahamas 🇧🇸

A long-established private-wealth and fund jurisdiction with deep fiduciary experience, a resident private-banking sector, and modern wealth-structuring law.

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Barbados 🇧🇧

A treaty-access, substance-based platform with a genuine double-taxation treaty network, used for credible, low-tax inbound and outbound structuring.

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