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Bermuda Passes Investment Business Act 2003
by Philip Morton, Investors Offshore.com

26 November 2003

It emerged this week that the Investment Business Act 2003 has been passed in Bermuda, paving the way for tougher regulation of investment business practices in the jurisdiction.

Introducing the bill, Attorney General, Paula Cox explained that: "The Finance Ministry took up the challenge to introduce new legislation which would be more robust and address international concerns." She continued:

"This legislation will strengthen Bermuda's regulatory framework and the marketplace generally. The bill introduces specific measures to discipline practitioners and ensure that investment providers are fit and proper and have the necessary experience to properly deal with the interests of investors."

According to the Royal Gazette, opposition leader, Grant Gibbons welcomed the legislation, which also extends the existing power and remit of the Bermuda Monetary Authority. However, he did express concern over details contained within several clauses of the bill, arguing that:

"It is very important that we get the balance between what the investment business sector is allowed to do and the level of bureaucracy."

The Bermuda Monetary Authority said: "Work is continuing on drafting the related secondary legislation that will be necessary. A committee of Authority representatives and Ministry of Finance officials is carrying forward detailed planning of the transitional and other arrangements that will be required for the introduction of the new legislation.

"Equally important, however, will be related public information and education measures to ensure that consumers of investment services have an adequate understanding of financial markets and products, as well as of their rights as consumers and of the protections provided through the relevant regulatory legislation. The Authority will be working closely with other interested partners, including the Consumer Affairs Bureau, to coordinate plans for public information in this area. Meanwhile, consumers are reminded that they should be cautious whenever approached by an investment provider not previously known to them, and make proper inquiries before entering into any agreements. They can check with the Authority regarding whether an investment dealer is duly licensed under the Investment Business Act 1998. If an investment provider is not licensed, consumers should ask why. If they have concerns that unlicensed business (that is not exempt) may be being conducted, they should report the circumstances to the Authority."

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