Compliance & Regulatory Updates

Economic Substance Law Requires Risk, Due Diligence and Oversight Processes

In December 2019 the Bermuda Finance Minister released final Guidance around Bermuda’s Economic Substance (ES) laws.  Firms falling within the scope of the ES laws are required to submit their declaration indicating the level on on-island activity no later than six months after their financial year start date. Many companies are using third-party relationships to… READ MORE

Zoom – Firms Should Conduct a Risk-Based Assessment Before Implementation

As many firms have started heavily leveraging remote conferencing systems to maintain business continuity during this COVID-19 outbreak, Zoom has seen a sudden rise in popularity and an equally sudden rise in cybersecurity concerns. There are many reports detailing both the lack of available protections and the implementation of those protections by firms. Zoom has… READ MORE

Have You Completed Your AML Audit? Time is Running Out

Why AML/ATF Annual Reviews Are Important AML/ATF-regulated entities in Bermuda have an obligation of having an independent Anti-Money Laundering (“AML”) audit performed at least annually. This means at least once a year and more frequently when senior management becomes aware of any gap or weakness in the AML/ATF policies, procedures or controls, or when senior… READ MORE

Oyster Consulting Welcomes Nikki Brinkerhoff

“She brings years of experience working with U.S. regulators and large financial institutions. Over the past year, Oyster Bermuda received a number of inquiries from companies in Bermuda about U.S. regulations. The Bermuda Monetary Authority is a well-respected regulator, but compliance professionals will attest that each regulator likes things done in a particular way. Nikki’s experience with U.S. regulators could save the Bermuda business community time and energy as their trusted U.S. advisor. “

SEC Regulatory Focus in 2019 – What it Means for Bermudian Firms

The SEC’s Office of Compliance Inspections and Examinations (“OCIE”) released its 2019 Examination Priorities on December 20, 2018. While most of these priorities may not have a direct impact on firms located in Bermuda, many firms have affiliates or branches in the U.S. that will be affected. Of particular note are the priorities around digital assets, cybersecurity and money laundering.