Bahamas: Law of Offshore
Table of Statutes
This page was last updated on 22 Mar 2019.
TThis is a non-exhaustive list of the main Bahamian statutes affecting offshore and non-resident business. The statutes are listed in alphabetical order – click on the statute for a fuller description of the statute, the legal regime it forms part of, or in some cases the text of the law.
Bahamas Free Trade Zone ActBanks and Trust Companies Act 1965
Banks and Trust Companies Regulation (Amendment) Act 2000
Business Licenses Act 1980
Central Bank of the Bahamas (Amendment) Act 2000
Companies Act 1992
Criminal Justice (International Cooperation) Act 2000
Exchange Control Act 1952
Exchange Control Regulations 1956
Exempted Limited Partnership Act 1995
External Insurance Act 1983
Financial and Corporate Service Providers Act 2000
Financial Intelligence Unit Act 2000
Financial Transactions Reporting Act 2000
Foundations Act 2004
Fraudulent Dispositions Act 1991
Hotels Encouragement Act
Industries Encouragement Act
Insurance Act 1969
International Business Companies Act 1989
International Business Companies (Amendment) Act 1994
International Business Companies Act 2000
International Business Companies (Amendment) Act 2004
International Persons Landholding Act 1993
Investment Funds Act 2003
Merchant Shipping Act 1976
Mutual Funds Act 1995
Mutual Legal Assistance (Amendment) Act 2000
Perpetuities (Amendment) Act 2004
Purpose Trust Act 2004
Registration of Business Names Act 1989
Securities Board Act 1995
Segregated Accounts Companies Act 2004
Trust (Choice of Governing Law) Act 1989
Trustee Act 1893
Trustee Act 1998
In 2018, an overhaul of securities legislation was completed, including several structural changes. Most important are the updates made to the Investment Funds Act. The latter was originally set up to deal primarily with trusts, and has been adjusted to incorporate the various roles within fund structures.
The most important changes are:
- Changes in the definitions of Bahamian vis-a-vis non-Bahamian funds
- Changes in the triggers for fund licensing
- International administrators may be appointed without needing to be licensed
- Licensing requirements for fund managers and regulatory oversight of custodians
- An AIFMD Regime with a view to the Bahamas qualifying for an EU Passport.
Bahamas: Law of Offshore
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