High-level overview of Bermuda Monetary Authority’s three-tiered capital system

Published: 24 Jun 2024
Type: Insight

Insurers and reinsurers are faced with uncertainties relating to the timing and scale of future losses and the risk that the premiums charged and reserves held will be insufficient to cover such losses.


One way that the Bermuda Monetary Authority (BMA), as the island’s financial regulator, addresses these uncertainties is by requiring insurers and reinsurers to have sufficient capital of appropriate quality to allow them to meet their obligations to policyholders should such losses occur.

The BMA has a three-tiered capital system, the purpose of which is to assess the quality of capital resources that an insurer or reinsurer has available to meet its regulatory capital requirements.

Enhanced capital requirements

This is applicable to every such organisation that is subject to enhanced capital requirements (ECR). The ECR is the amount of economic capital and surplus that an insurer or reinsurer is required to maintain and is calculated using either the appropriate Bermuda Solvency Capital Requirement model or a BMA-approved internal model.

The ECR is important to the BMA as it serves as an early warning tool. The BMA expects insurers and reinsurers to operate at or above a target capital level (TCL), which exceeds its ECR.

While not specifically prescribed in legislation, the BMA requires insurers and reinsurers to have a TCL of 120 per cent of its ECR; however, in practice this percentage is usually much higher – for example, 150 per cent.

Failure by an insurer or reinsurer to maintain the available statutory capital of at least equal to its TCL will result in increased regulatory oversight.

The insurer or reinsurer discloses the make-up of its capital and the BMA assesses the quality of such capital resources via a three-tiered capital system.

Capital instruments are classified into tiers based on their loss absorbency characteristics and within each tier, capital can be either “basic” or “ancillary”. The highest quality capital is classified as tier one capital and lesser quality capital will be tier two or tier three capital.

Tier one capital

Tier one is capital that is available when required and can fully absorb all losses at all times, including on a going-concern, run-off, winding-up and insolvency. Examples include all forms of cash such as fully-paid common shares, contributed surplus or share premiums.

Characteristics of tier one capital include:

  • Having the highest level of subordination on a winding-up
  • Being paid up
  • Being undated or having a maturity of not less than 10 years from the date of issuance
  • Being non-redeemable or settled only with the issuance of an instrument of equal or higher quality
  • Being free of incentives to redeem
  • Having a coupon payment on the instrument which, upon breach (or if it would cause a breach) in the ECR, is cancellable or deferrable indefinitely
  • Being unencumbered
  • Not containing terms or conditions designed to accelerate or induce an insurer or reinsurer’s insolvency
  • Not giving rise to a right of set off against an insurer or reinsurer’s claims and obligations to an investor or creditor

Tier two capital

Tier two capital includes capital instruments that fall short of the quality in tier one but still provide protection to policyholders. Examples may include qualifying hybrid capital instruments such as preference shares, unpaid and callable common shares and subordinated liabilities.

Tier two capital has almost the same characteristics of tier one except that it is subordinated to policyholder obligations on a winding-up, and is undated or has a maturity of not less than five years from the date of issuance.

Tier three capital

Tier three capital has some of the characteristics of tiers one and two. Examples may include short-term approved letters of credit and short-term approved parental guarantees.

Key characteristics of tier three that differ from tier two are that the capital instrument will have full subordination on a winding-up and that the instrument will be undated or have a maturity of not less than three years from the date of issuance.

The BMA will only allow up to certain specified percentages of tier one, tier two and tier three capital to be used to support an insurer or reinsurer’s solvency margins and ECR.

Insurers and reinsurers intending to treat any capital instruments as eligible capital should have the instruments formally vetted and approved by the BMA.

First Published in The Royal Gazette, Legally Speaking column, June 2024

Share
More publications
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.

Appleby-Website-Insurance-and-Reinsurance
27 Feb 2026

Bermuda Monetary Authority: Modern, Thoughtful and Competitive

The Bermuda Monetary Authority (BMA) has signaled a clear direction for the future of insurance supervision in Bermuda by the release of its latest Notice on Regulatory Burden Reduction for Better Policyholder Outcomes (Notice).

Appleby-Website-Banking-and-Asset-Finance-1905px-x-1400px
19 Feb 2026

Bermuda Monetary Authority 2026 Business Plan: Overview & Expertise – Banking

Bermuda is not considered an international banking center and only banks licensed by the Bermuda Monetary Authority (BMA) under the Banks and Deposit Companies Act 1999 (BDCA) are entitled to undertake banking businesses in or from Bermuda. As banking is defined as deposit taking (as opposed to lending), international banks are generally able to lend to Bermuda-based borrowers subject to applicable restrictions relating to carrying on business in Bermuda.