Partnership Formations
Two or more partners may form a Bermuda exempted partnership
upon application to the Minister of Finance (the “Minister”).
Partners may be individuals or corporations and a personal
declaration on each partner is required. If a partner is a
corporate entity, a personal declaration is required on the
ultimate beneficial owners of the corporation. If the corporation
is a public company, the Bermuda Monetary Authority (“BMA”)
requires the Annual Report of that company. The articles of partnership or partnership agreement must specify
the general nature of the business to be transacted by the
exempted partnership and expressly provide that the law applicable
to the exempted partnership is the law of Bermuda. Generally
the partnership agreement specifies the names of the partners
and the partnership capital.
Once the name of the partnership is reserved at the Registrar of
Companies' office, and the requisite legal notice is published
indicating the intention to form a partnership, application
is made to the BMA where the application is reviewed on behalf
of the Minister to approve the partnership agreement. These
particulars are submitted along with the personal declarations
on the partners to the BMA. Once the partnership agreement
has been approved by the Minister, a copy of the executed
partnership agreement, a signed copy of the Certificate of
Exempted Partnership and a copy of the Minister’s approval
are delivered to the Registrar of Companies for registration
as an exempted partnership.
For more information on Partnership Formations, please contact Lynda
Milligan-Whyte at LMW@milligan.bm.
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