Rule · BMA · 17 Sep 2024
This Order designates specific entities as Non-registrable persons for the purposes of the Investment Business Act 2003. These include investment funds, persons licensed under the Digital Asset Business Act 2018 conducting ancillary investment business, and various persons registered under the Insurance Act 1978 carrying on investment business related to their insurance activities. Additionally, the Government of Bermuda, the Bermuda Monetary Authority, and public authorities established under an Act in Bermuda are designated. This Order came into operation on 27 July 2022.
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INVESTMENT BUSINESS (NON-REGISTRABLE PERSONS) (DESIGNATION) ORDER 2022 BR 86 / 2022 The Minister of Finance, in exercise of the power conferred by section 13(1)(b) of the Investment Business Act 2003 and on the advice of the Bermuda Monetary Authority, makes the following Order:
Citation
This Order may be cited as the Investment Business (Non-Registrable Persons) (Designation) Order 2022. Interpretation In this Order— “the Act” means the Investment Business Act 2003; “investment fund” has the meaning given in section 3 of the Investment Funds Act 2006. Non-registrable persons The following are designated as Non-registrable persons for the purposes of the Act— an investment fund; a person who is licensed under the Digital Asset Business Act 2018 to carry on digital asset business, who carries on investment business ancillary to the digital asset business for which the person is licensed under that Act; a person who is registered under the Insurance Act 1978 to carry on insurance business, who carries on investment business in connection 1 2 3 (a) (b) (c) 1
INVESTMENT BUSINESS (NON-REGISTRABLE PERSONS) (DESIGNATION) ORDER 2022 with the insurance business for which the person is registered under that Act; a person who is registered under the Insurance Act 1978 as an insurance manager, broker, agent, salesman, or member of an association of underwriters recognized by the Authority, who carries on investment business in connection with the insurance business for which the person is registered under that Act; a person who is registered under the Insurance Act 1978 as an insurance marketplace provider who arranges deals in investments in connection with the business for which the person is registered under that Act; the Government of Bermuda; the Bermuda Monetary Authority; a public authority established under an Act in Bermuda. Commencement This Order comes into operation on 27 July 2022. Made this 21st day of July 2022 Acting Minister of Finance [Operative Date: 27 July 2022] (d) (e) (f) (g) (h) 4 2
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“The Minister of Finance, in exercise of the power conferred by section 13(1)(b) of the Investment Business Act 2003”
“exempted from the dual licensing requirement under the IBA through expansion of the definition of non-registrable persons pursuant to the Investment Business (Non-Registrable Persons) (Designation) Order 2022;”
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