Bermuda strengthens regulatory regime for AML/ATF regulated financial institutions

Published: 15 Oct 2018
Type: Insight

Registration deadline – 7 December 2018

The Bermuda Government and the financial services regulator, the Bermuda Monetary Authority (BMA), are committed to ensuring Bermuda’s anti-money laundering and anti-terrorist financing (AML/ATF) requirements are aligned with the highest international standards. Legislative amendments have recently been implemented to further strengthen Bermuda’s regulatory regime.

What has changed?

An “AML/ATF Regulated Financial Institution” which is not otherwise licensed, registered or authorised by the BMA under any of the regulatory acts is required to register[1] with the BMA as a Non-Licensed Person (NLP).

The Proceeds of Crime (Miscellaneous) (No.2) Act 2018 came into effect on 7 September 2018 (Act).   This Act has expanded the definition of an “AML/ATF Regulated Financial Institution” to include businesses carrying out certain specified “financial activities”. The full list of financial activities can be found in schedule 3 to the Proceeds of Crime Act 1997and now includes lending, financial leasing and financial guarantees.

The Act includes certain exceptions to what constitutes “financial activities” including:

(i) providing any of the specified financial activities intra-group (i.e. by a holding company to a subsidiary company, a subsidiary company to its holding company or by a subsidiary of that holding company to another subsidiary of that holding company); and

(ii) if the financial activities constitute ancillary business to an insurer’s insurance business as permitted under section 19 of the Insurance Act 1978.

Requirement for Registration

An NLP must have registered with the BMA before 7 December 2018 or risk being subject to enforcement action[2].  The registration form can be found here.

What information has to be submitted with the NLP registration form?

(i) the name of the compliance officer (CO) and reporting officer appointed (RO) for the purposes of the Proceeds of Crime (Anti-Money Laundering and Anti-Terrorist Financing) Regulations 2008;

(ii) fit and proper details (which includes a copy of their resume) for the CO, RO and any person who effectively directs or controls the business, including a director, controller or senior executive; and

(iii) a copy of the AML/ATF policies and procedures of the business.

Appleby has an experienced, multi-disciplinary regulatory team which includes expert compliance professionals, as well as a team of lawyers across our Corporate, Private Client & Trusts and Dispute Resolution practice groups.  With expert advisors across a range of disciplines we can help you navigate regulated environments throughout the lifecycle of your business. Please contact a member of the team below if you have any questions.


[1] Section 9 of the Proceeds of Crime (Anti-Money Laundering and Anti-Terrorist Financing Supervision and Enforcement) Act 2008

[2] BMA FAQ NLP Registration, 11 Sept 2018

Share
More publications
Appleby-Website-Insurance-and-Reinsurance
1 Apr 2026

Q1’26 Suggests Cat Bond Issuance Could Reach $20bn Again, Private ILS & Sidecar Surge to Continue

It’s been an exceptionally busy start to the year for the catastrophe bond sector, with Q1’26 officially becoming the second highest Q1 on record in terms of total catastrophe bond issuance, which indicates that 2026 could end up reaching the $20 billion+ milestone once again, Brad Adderley, Managing Partner at law firm Appleby has said.

Trust Disputes
27 Mar 2026

Privy Council decision in X Trusts – redefining the role of the protector

On 19 March 2026, the Judicial Committee of the Privy Council (JCPC) delivered its long-awaited judgment regarding the role of a fiduciary protector in the administration of a trust (A and 6 others (Appellants) v C and 13 others (Respondents) [2026] UKPC 11, on appeal from the Court of Appeal of Bermuda). The decision of the JCPC was unanimous, with the judgment being given by Lords Briggs and Richards.

Appleby-Website-Insurance-and-Reinsurance
26 Mar 2026

Latin American risks and the Bermuda market

Bermuda’s decades-long efforts to welcome Latin American risks to the island’s re/insurance market have borne fruit in the form of the many LatAm captive insurers that have become domiciled here.

Appleby-Website-Insurance-and-Reinsurance
24 Mar 2026

Navigating Bermuda’s New Recovery Planning Requirements: A Roadmap for Commercial Insurers

On 20 March 2026, the Bermuda Monetary Authority (BMA) issued an updated Guidance Note for Recovery Planning Requirements (Guidance Note). The Guidance Note assists Bermuda commercial insurers’ compliance with the obligations set out in the Insurance (Prudential Standards) (Recovery Plan) Rules 2024 (Rules), which became operative on 1 May 2025.

Appleby-Website-Private-Client-and-Trusts-Practice-1905px-x-1400px
13 Mar 2026

A will trust can keep a home in the family

In Bermuda, a family homestead represents more than financial value; it embodies ancestral heritage and housing security.

Appleby-Website-Employment-and-Immigration
12 Mar 2026

Privacy at Work: What PIPA Means for Bermuda Employers

The Personal Information Protection Act 2016 (PIPA), which came into force on 1 January 2025, represents Bermuda’s first comprehensive date protection regime. The legislation regulates the collection, use, disclosure and storage of personal information with the objective of protecting individuals’ privacy while allowing organisations to use data in a responsible and transparent manner. PIPA applies broadly to organisations operating in Bermuda, including employers. As a result, the employment relationship is one of the contexts in which the practical impact of PIPA is the most significant. Employers routinely process large volumes of personal information relating to employees and job applicants, and PIPA imposes obligations that affect recruitment, workplace monitoring, record-keeping, and disciplinary processes.

IWD website preview
9 Mar 2026

International Women’s Day 2026 Roundtable: Rights. Justice. Action. For all women and girls.

As we recognise International Women’s Day 2025, we are reminded that gender equality is not just a vision – it’s a call to action.

Dispute Resolution
4 Mar 2026

Bermuda: An Overview of Insurance: Contentious

There has been a recent increase in policyholder disputes involving coverage challenges by (re)insurers in the context of Bermuda high-value, excess-of-loss policies. This is, in part, due to Bermuda’s commercial (re)insurers facing a marked and sustained rise in the volume of claims, incurring claims costs globally of BMD1.1 trillion from 2016 through 2024. The massive volume and quantum of claims can be attributed in part to the significance of the Bermuda (re)insurance market in the global economy, as well as Bermuda’s exposure to catastrophic losses caused by natural disasters over this period. Bermuda’s increased exposure to global (re)insurance risks has naturally resulted in an increase in complex claims and coverage disputes.

Employment-and-Immigration
27 Feb 2026

Pay transparency heading Bermuda’s way?

The culture of secrecy with respect to pay traditionally found in workplaces may soon experience a shift, as global lawmakers and governments have enacted or moved toward enacting legislation to mandate greater pay transparency.