Media Releases & Notices
Notice to Sectoral Providers
Summary
The RA reminds all sectoral providers that overseas legal practitioners must be admitted to the Bermuda Bar, hold a valid Practising Certificate, or be a registered associate at a Bermuda law firm to practice Bermuda law. Non-compliance with the Bermuda Bar Act 1974 may result in penalties.
Information
The Regulatory Authority of Bermuda (RA) would like to remind all sectoral providers that overseas barristers, attorneys and solicitors cannot practice Bermuda law and/or draw or prepare any instruments regarding Bermuda law unless they are:
- a barrister and attorney admitted to the Bermuda Bar with their name entered in the Roll of Barristers of the Court kept by the Registrar of the Supreme Court of Bermuda, according to section 54(1) of the Supreme Court Act 1905; or
- in possession of a Practising Certificate from the Bermuda Bar Council according to the Bermuda Bar Act 1974 section 10 (3); or
- a registered associate employed with a Bermuda law firm, enrolled and remaining on the Register of the Associates kept by the Registrar of the Supreme Court of Bermuda according to section 14(4)of the Bermuda Bar Act 1974.
According to rule 26 sections (1), (1A), and (2) of the Bermuda Bar Act 1974, any person who is not authorised to practice law in Bermuda risks punishment on summary conviction. Such conviction could result in imprisonment for 6 months or a fine of $1,000 or both such imprisonment and fine.
Additionally, according to rule 29 sections (1) and (2) ofthe Bermuda Bar Act 1974, any barrister and attorney who has not been issued apractising certificate by the Bermuda Bar Association can, upon summaryconviction, receive a penalty of 2 years imprisonment, a fine of $10,000 or bothsuch imprisonment and fine and not be entitled to maintain any action for therecovery of any fee on account of or in relation to any legal business done inthe course of such practise.
Given the above, the RA asks that sectoral providers ensure that members of their regulatory and legal teams comply with the obligations set under the Bermuda Bar Act 1974 and confirm with the Bermuda Bar Association that they can advise and/or opine on Bermuda law without a valid practising certificate. Sectoral providers and members of their staff failing to comply with the above obligations will be reported to the Bermuda Bar Council.