Fiduciary

Introduction On 30 October 2015, the States of Deliberation approved the Policy Letter submitted by the Policy Council on the Revision of the Financial Supervisory and Regulatory Laws.  Representatives of the States of Alderney and the Chief Pleas of Sark had previously indicated their support for the proposals which followed a public consultation process. The Law Officers of the Crown together…

The Commission has published a report on its thematic review of the financial crime governance, risk and compliance frameworks within smaller firms within the fiduciary sector.  The Financial Crime Supervision and Policy Division report which focused on the controls in place to manage and mitigate money laundering and terrorist financing risks can be found here. This thematic report confirms…

Two-factor authentication (“2FA”) functionality is now available on the Online Submissions Portal. This is in line with the Commission’s commitment to continually improving the security of licensee data. If your organisation promotes the use of 2FA, then please ensure that your portal users opt in to use the functionality. A guide with instructions is available here.

Following release on 15th March 2018 of the draft Regulation of Fiduciaries, Administration Businesses & Company Directors, etc. (Bailiwick of Guernsey) Law, 2018 for engagement (see here for the news article), the Commission will be hosting a drop-in session on 19th April 2018 between 8.30am and 9.30am.  Please join us to discuss the draft Law and have a coffee and a croissant. The…

The Commission is seeking feedback on the provisions of the draft Protection of Investors Law, the draft Regulation of Fiduciaries Law and the definitions which are proposed to be used across the revised supervisory laws and specifically whether these may have any unintended consequences or contain fatal flaws. The Commission has published engagement papers in relation to these setting out the…

The Commission is seeking feedback on the provisions of the draft Regulation of Fiduciaries Law specifically whether the amendments may have any unintended consequences or contain fatal flaws. The engagement paper which the Commission has published sets out the topics upon which assistance is requested and questions regarding unintended consequences and whether there are any significant issues in…

To allow further time for consideration, the deadline for feedback on fatal flaws and unintended consequences for the draft Protection of Investors Law has been extended to 11 April 2018.  More information about the engagement can be found here. If you have any queries, please contact Siobhan Mahoney-Bougourd on 01481 732332.

Following release on 1 February 2018 of the draft Protection of Investors (Bailiwick of Guernsey) Law, 2018 for engagement (see here for the news article), the Commission will be hosting a drop-in session on 22 March 2018 between 8.30am and 9.30am.  Please join us to discuss the draft Law and have a coffee and a croissant. The engagement paper in relation to the amendment to the Protection of…

The Commission would like to clarify that it considers the LSE’s AIM market as qualifying as a recognised exchange for the purposes of applying exemptions under the regulated activity of acting as a director under the Fiduciaries Law.