With the increasing complexity of the regulatory environment and more stringent enforcement by regulators, your dedicated Conyers Regulatory & Risk Advisory team can assist you with our comprehensive advisory and litigation capability.
Count on Conyers to deliver clear, practical guidance on all your Bermuda regulatory and risk management needs at every touch point. We can help you at every stage from proactive guidance, insight into and help navigating regulatory changes, dealing with regulatory bodies, counselling on investigations, and robustly representing you in disputes with and enforcement actions taken by the regulatory authorities.
Our Regulatory & Risk Advisory group comprises lawyers who have extensive expertise in both corporate law and litigation operating as an integrated team, empowering our clients to navigate the regulatory landscape with confidence. We have a different approach in that our regulatory expertise spans the breath of our practice areas including re/insurance, funds, investment business, digital asset business, trusts and private clients and our lawyers are experts on the regulatory requirements in all key sectors. This enables us to build you the best team to meet your needs on any given matter. Our team also has experience in regulatory enforcement actions and disputes such as contested public interest winding up petitions brought by the financial regulator.
Our services
Conyers’ Regulatory and Risk Advisory team can help you understand and manage all of the regulatory requirements for business operations in Bermuda, including:
BMA Licensing and Ongoing Advisory and Regulatory Work
- Advising on all aspects of BMA licensing and registration covering re/insurance, funds, investment business and digital asset business
- Ongoing regulatory requirements for licensees and registered persons
- BMA filings
- Mock regulatory inspections and regulatory reviews to support internal audit function
Automatic Exchange of Information Regulatory Review, Classification and Reporting
- FATCA classification and reporting
- CRS classification and reporting
- AEOI Health Check
Economic Substance
- Economic Substance analysis, classification and reporting
Beneficial Ownership
- Advising on legal requirements and maintenance of beneficial ownership registers
Anti-Money Laundering/ ATF/ Sanctions Procedures and Requirements
- Advising on AML/ATF Laws and Procedures
- Drafting tailored policies and procedures
- Assisting with Know Your Client Due Diligence Requirements
- Assisting with mock regulatory AML/ATF reviews
- Advising on applicable sanctions, drafting of tailored policies and procedures and assisting with asset freeze reporting and specific licence applications
- Assisting with SARS reporting
Privacy and Data Protection
- Advising on the requirements of the Personal Information Protection Act
- Drafting tailored privacy policies and procedures
- Advising on data protection
- Assisting with data subject requests
- Assisting with reporting to the Office of the Privacy Commissioner
- Assisting with preparing appropriate privacy and data protections templates for use by your organisation
Fund Advisory Regulatory Services
- Advising on regulatory filings and licensing requirements
- Advising on AML/Licensing policy and procedures
- Online or in person AML/ATF and sanctions training for Fund Directors
- Assisting with internal audits
Regulation and Compliance
- Liaising with Bermuda’s regulators and enforcement agencies
- Legal and regulatory reviews and reports
- Legal and regulatory training in person or online
- Assisting with PATI requests
Regulatory Dispute Resolution
- Advising and assisting with on onsite investigations, remediations and final reports pre-enforcement
- Advising on regulatory enforcement actions, negotiating settlements outside of the formal enforcement process , defence of regulatory proceedings and advising on appeals
- Acting in contested public interest winding up petition proceedings and applications to appoint Joint Provisional Liquidators
- Acting in litigation concerning allegations of breach of regulatory obligations
- Acting in judicial review proceedings concerning regulatory actions
- Advising on the construction of relevant policies and procedures required by regulators
- Assisting with internal investigations and advising on notifications
Employment/Immigration
- Advising on statutory employment obligations, including recruitment, grievance and termination processes and employee entitlements
- Advising on employment related statutory obligations in respect of employees, including social insurance, health insurance, pensions and payroll tax
- Advising on employment disputes, settlement processes and appeals
- Advising on employment related human rights concerns and complaints such as discrimination
- Advising on trade union, collective bargaining and labour law matters
- Advising on reorganisations and redundancies
- Advising on and drafting compensation plans
- Advising on and drafting employment and consultancy contracts, director agreements and staff policies
- Conducting or assisting with investigations into employee grievances and conducting exit interviews
- Advising on mobility strategies for the deployment of talent and skills to your offshore office
- Assisting with and advising on immigration applications, including permit and status applications
- Assisting with human resource requirements including advertising and recruitment