Act
Bermuda Monetary Authority Act 1969
In forceView on BMA's website Source document
Summary
This is Bermuda's foundational Act establishing the Bermuda Monetary Authority (BMA) as a body corporate and setting out its constitution, powers, currency functions, and its role as regulator of financial institutions operating in or from Bermuda. It covers the Authority's board structure, capital and reserves, currency issuance, supervisory and investigatory powers, fee-setting, secrecy obligations, and offences for providing false information.
- Constitution and governance: Establishes the BMA as a body corporate with a Board of Directors, Chairman, executive and non-executive members, and delegation powers.
- Currency functions: Gives the Authority sole right to issue notes and coins, set parity of the Bermuda dollar, and manage external and local reserves.
- Supervisory powers: Authorises the BMA to supervise, regulate and inspect financial institutions listed in the Third Schedule, set fees, and assist foreign regulatory authorities.
- Innovation hub: Establishes an innovation hub with its own application process, fees, and restrictions on disclosure of hub information.
- Information and reporting duties: Requires financial institutions and other persons to furnish information to the Authority and imposes penalties for failure to comply or for transmitting false information.
- Fees schedule: The Fifth Schedule sets out detailed annual fee tiers for insurers, designated insurers, insurance groups and internationally active insurance groups (IAIGs) based on gross premium, assets or reserves, with annual fees due on or before 31 March.
- Secrecy and offences: Imposes secrecy obligations on Authority officers and creates offences for false verification of accounts or reports and for transmitting false information to the Authority.
The Act has been amended numerous times since 1969, most recently affecting the Fifth Schedule fee tables (effective 1 January 2024, 2025 and 2026) and the definition of specified securities. Readers should note that several sections referenced in the table of contents (e.g. money service business, sections 20D to 20I) have since been repealed.
Key obligations
- Financial institutions and other regulated persons must furnish information and documents to the Authority when required under Part V of the Act.
- Insurers, designated insurers, insurance groups and IAIGs must pay the annual fees set out in the Fifth Schedule according to their applicable tier (based on gross premium written, total assets, or reserves).
- Auditors of financial institutions have a duty to communicate certain matters to the Authority under section 33A.
- Persons must not transmit false information or falsely verify an account or report to the Authority, on penalty of offence.
- Officers, servants and agents of the Authority are bound by secrecy obligations regarding information obtained in the discharge of the Authority's functions.
Applies to
financial institutions (as specified in the Third Schedule), banks and deposit companies, insurers (Class 3A, 3B, 4, C, D, E), insurance groups and internationally active insurance groups (IAIGs), credit unions, money service businesses, auditors of financial institutions, applicants to the innovation hub
Deadlines
- on or before 31st March: Annual fees under the Fifth Schedule (payable by insurers, designated insurers, insurance groups and IAIGs) are due.
Related documents
- Money Service Business Act 2016 amends this document
- Consultation Paper - Corporate Service Provider Business Amendment Act 2019 (with Bill) (2019-06-03) amends this document
- Trusts (Regulation of Trust Business) Act 2001 amends this document
- Notice - Investment Funds Amendment Act 2013 (draft Bill for consultation) (2013-07-09) amends this document
- Digital Asset Issuance Act 2020 amends this document
- Bermuda Monetary Authority Amendment (No. 3) Act 2018 amends this document
- Consultation Paper - Legislative Enhancements to Innovative Classes, Introduction of Innovative Long-Term Insurer Class (Class IILT) and Section 24 Separate Accounts (May 2022) amends this document
- Virtual Currency Business Act 2018 amends this document
- Fund Administration Provider Business Act 2019 amends this document
- Consultation Paper - Proposed Amendments to the Banks and Deposit Companies Act 1999 with Illustrative Draft Bill amends this document
- Consultation Paper and Illustrative Draft - Bermuda Monetary Authority Act 1969 - Proposed Amendments to General Powers and Fee-Related Changes (2025-07-24) amends this document
- Consultation Paper - Proposed BMA Act 1969 General Powers and Fee-Related Changes and BMA Amendment Bill 2024 - Illustrative Draft (2024-07-10) amends this document
- Credit Unions Act 2010 amends this document
- Consultation Paper - Amendments to BMA Act 1969 (2021-09-17) amends this document
- Consultation Paper - Digital Asset Business Amendment Act 2020 (2020-08-07) amends this document
- Corporate Service Provider Business Amendment Act 2024 - Illustrative Draft amends this document
- Consultation Paper - The Corporate Service Provider Business Amendment Act 2019 (with Bill) (2019-06-03) amends this document
- Consultation Paper: Insurance Amendment Act 2016 (Insurance Managers and Other Matters) (2016-04) amends this document
- Insurance Amendment No. 1 Act 2022 (Bill) amends this document
- Corporate Service Provider Business Act 2011 (Consultation Draft) amends this document
- Corporate Service Provider Business Act 2012 (Draft Bill) amends this document
- Bermuda Monetary Authority (Financial Institutions) (Control) Regulations 1994 is made under this document
- Bermuda Monetary Authority (Financial Institutions) (Control) Regulations 1994 (BR 55/1994) is made under this document
- Money Service Business Act 2016 amends this document
- Insurance Amendment Act No.2 2021 amends this document
- Insurance Amendment No.1 Act 2022 amends this document
- Insurance Amendment Act 2008 amends this document