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Bermuda: Types of Company

Trusts

This page was last updated on 2 August 2019.

Bermudian trusts are governed by the Trustee Act 1975 which is largely based on the English Trustee Act 1925. The Trusts (Special Provisions) Act 1989, another significant statute, introduced the concept of the ‘purpose trust’ and brought Bermudan law still closer to English law. The Perpetuities and Accumulations Act 1989 increased the perpetuity period to 100 years. Foreign inheritance laws are specifically excluded, and there is provision for the non-recognition of foreign judgements. Bermuda has adopted the Hague Convention; the Trusts (Special Provisions) Act 1989 made some consequent adjustments to the law. Appeal is to the Privy Council in London.

In general, trustees need not be resident in Bermuda, though at least one must be. The trust fund may comprise cash, land, securities, interests in property or other trusts. Non-resident trusts are not permitted to hold Bermuda currency, shares or security in local companies, or an interest in land in Bermuda without the prior consent of the Bermuda Monetary Authority. Bermudian trusts need not be registered, and there is no stamp duty.

 

 

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