Bermuda: Asset Tracing and Recovery
This country-specific Q&A provides an overview of Asset Tracing & Recovery laws and regulations applicable in Bermuda.
Purpose trusts: Bermuda’s answer to modern asset structuring
Purpose trusts represent a notable development in modern trust law, particularly within offshore financial jurisdictions such as Bermuda. Unlike traditional private trusts, which are established for the benefit of identifiable beneficiaries, purpose trusts are created to achieve specific objectives or purposes. Historically, common law jurisdictions were reluctant to recognise such arrangements due to the absence of beneficiaries capable of enforcing the trust. However, legislative reforms in Bermuda have significantly expanded the scope of trust law by expressly validating noncharitable purpose trusts. Through the enactment of the Trusts (Special Provisions) Act 1989 (‘the 1989 Act’), Bermuda introduced a statutory framework that allows trusts to exist for defined purposes, provided certain legal requirements are satisfied. This innovation has made Bermuda a leading jurisdiction for the establishment of purpose trusts, particularly in the fields of international finance, corporate structuring and private wealth management. This article examines the legal foundations of purpose trusts under Bermuda law, focusing on their historical development, statutory framework, requirements for validity, enforcement mechanisms and practical applications.
Manx Court blesses a Trustee decision to retain funds for potential future liabilities
The judgment of C v D et al (judgment of 17 December 2025) in the Isle of Man provides trustees with the helpful confirmation that a trustee can seek the blessing of the Court of a decision to retain funds in circumstances where the trust faces potential future liabilities.
Guide to Fintech in the British Virgin Islands 2025/2026
This country-specific guide provides an overview of the fintech landscape in the British Virgin Islands.
On 23 February 2026, the Supreme Court of Mauritius delivered its judgment in Okiyo Maritime Corp v The State of Mauritius & Ors [2026 SCJ 86]; a decision that resolves a long-pending question about the possibility to constitute a limitation fund in the wake of the MV Wakashio oil spill, but in doing so opens a more troubling one: what does it mean to operate a vessel in Mauritian waters when the domestic limitation regime diverges materially from the international framework that the rest of the shipping world relies upon?
Bermuda Regulatory Update – Economic Substance Amendment Act 2026
On 31 March 2026, the Economic Substance Amendment Act 2026 and the Economic Substance Amendment Regulations 2026 (together, the “2026 Amendments”) came into force, enacting changes to the Economic Substance Act 2018 (“ES Act”) and Economic Substance Regulations 2018.
Digital asset developments and Bermuda’s regulatory readiness
While frightening to some, “finance bros” and “tech bros” are now wearing the same gilets as traditional finance products and structures are being infused with digital asset adaptation.
Navigating the New Legitimate Interest Access Regime for BVI Beneficial Ownership Information
The BVI legitimate interest access (“LIA”) system became operational on 1 April 2026. To establish a “legitimate interest”, an applicant must demonstrate that the purpose of the request for beneficial ownership information is to investigate, prevent or detect money laundering, terrorist financing or proliferation financing, or that the applicant is carrying out client due diligence or other obligations in accordance with the BVI’s anti-money laundering laws.
No Claim, No Injunction: What Does a Limited Partner Actually Own?
What equitable proprietary interest, if any, does a limited partner hold in the assets of a Cayman Islands exempted limited partnership, and is that interest is sufficient to ground a proprietary injunction? These questions lie at the heart of Parker J’s recent judgment in the matter of Charitable DAF HoldCo, Ltd (in Official Liquidation), in which the Grand Court refused proprietary injunctive relief sought by joint official liquidators against former directors and associated entities. The judgment holds that the Company, as a limited partner in a Cayman ELP, had no equitable proprietary interest in the Fund’s underlying assets of the quality required to found the relief sought. While the court did not exclude the possibility of an LP having proprietary rights in an ELP’s assets, it held that on the particular facts of the case such rights were excluded.
The Global sees us share updates and insights from across our network of international offices on the latest legislative news, trends or developments impacting the corporate sector.