July 2025 | Legal Memoranda
Economic Substance Requirements for Bermuda-Based Entities
The insurance sector is ever-evolving in response to the changing risk landscape. Re/insurance companies require legal advisers with extensive market experience who offer strategic solutions to allow their business to grow and adapt over the long term.
Offshore Re/Insurance Legal Services
Conyers’ Insurance & Reinsurance practice continues to lead the way in providing offshore legal advice to many of the world’s top insurers. We advise on the laws of Bermuda, the British Virgin Islands and the Cayman Islands. Our lawyers are commercially focussed and are experts in all aspects of insurance, reinsurance, captives, alternative risk transfer, catastrophe bonds and other insurance-linked securities. We have contributed to drafting legislation and regulations in each of our jurisdictions, which greatly impacts the client experience in the sector as a whole and demonstrates Conyers’ exceptional level of knowledge, expertise and value-added services.
Formation and Structuring of Insurance and Reinsurance Companies
Bermuda Insurance & Reinsurance
In Bermuda, we are a market leader in the insurance & reinsurance sector, advising approximately half of all Class 4 and Class E companies (the largest of the commercial insurers), as well as a substantial majority of all other classes of insurers, including captive and special purpose insurers.
We regularly advise on the structuring and licensing of general insurance companies, long-term insurance companies, special purpose insurers and composite companies.
Our lawyers are at the forefront of Bermuda’s robust Insurance-Linked Securities sector. 2023 was the strongest year for overall cat bond, ILS and collateralized reinsurance company registrations in Bermuda since 2014. Continued growth in this area is fueled by the increasing global importance of ILS, both as a risk management tool and as a diversified asset class for investors.
Cayman Islands Insurance & Reinsurance
The Cayman Islands insurance & reinsurance sector has experienced significant growth in recent years. Globally, Cayman is the second largest domicile for captive insurance and the pre-eminent jurisdiction for businesses in the healthcare space. The reinsurance industry continues to gather momentum with particular interest from North American life and annuity carriers. The relatively recent introduction of Portfolio Insurance Companies has proved a useful option in a variety of contexts including in M&A structures and as specialist run-off vehicles.
Our Cayman practitioners are specifically trained and dedicated insurance lawyers who have a thorough understanding of the industry and its participants. We advise clients on a wide range of insurance structuring, licensing, financing and related transactions and offer comprehensive on-going legal and regulatory advice to such insurers and reinsurers following formation and licensing.
Insurance-Linked Securities and Catastrophe Bonds
For Insurance-Linked Securities, our range of expertise and services includes:
- Catastrophe Bonds
- Alternatives Risk Transfer
- Insurance securitizations and transformer structures
- Insurance Derivatives
- Collateralized reinsurance or retrocession vehicles
Litigation and Insolvency
Conyers’ Insurance & Reinsurance practice is complemented by an experienced team of litigators who have been involved in a number of high-profile insurance and reinsurance disputes, and who regularly advise insurance companies on their insolvency proceedings and restructurings.
Leading Counsel for Insurance Companies
Conyers advises on all aspects of corporate and commercial law for the insurance sector in Bermuda, the Cayman Islands and the British Virgin Islands. With offices in the major international financial centres of Hong Kong, London and Singapore, we are able to provide timely, responsive and thorough legal services. We are also well equipped to service the Middle East North Africa market, with lawyers who have thorough expertise and understanding of the region.