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Regulation, Risk & Compliance

02/16/2022

EU reviewing Annex II: Potential inclusion of BVI and Bermuda

Inclusion on the list means that the EU monitors for progress towards addressing the recommendations by the required deadline.

02/16/2022

Central Bank's Securities Markets Risk Outlook Report and Key Areas of Focus for Funds and their Service Providers

This report outlines the Central Bank's supervisory priorities for securities markets in 2022 and also highlights conduct risks that the Central Bank has identified as key for securities markets.

02/16/2022

MEPs want ban on golden passports and strict rules on residence-by-investment

Malta’s citizenship-by-investment scheme is increasingly being targeted by strong MEP stance on golden passports and visas

02/16/2022

Update: Expansion of the Jersey Insolvency Toolkit

The adoption of the Companies (Amendment No. 8) (Jersey) Regulations 2022 (Regulations) [last week] brings welcome changes to Jersey’s insolvency toolkit.

02/16/2022

Guernsey organisations need to register for data protection this month

The online process is straightforward and has a three-tier payment structure

02/15/2022

A major development of the creditors' winding up regime in Jersey

The Amendments enhance and protect the interests of creditors and are based upon principles and practices widely recognised in other insolvency regimes.

02/14/2022

Labuan now focusing on managing Covid-19

The new normal does not mean the Covid-19 pandemic has ended.

02/13/2022

What happens in the Bahamas... Vijay Mallya saves his signature London home - again

A favourable ruling by the Supreme Court of Bahamas on February 11, 2022, unlocks trust funds, means that UBS can redeem the mortgage on the house and any associated interest.

02/11/2022

JFSC: We have changed our decision making process for regulatory sanctions

Our proposal focused on streamlining how we reach these decisions for imposing regulatory sanctions

02/11/2022

Accuro expands commitment to matters of equality

Menopause awareness is not well understood in most working environments and we want to do what we can to change this.

02/10/2022

New listing regime for SPACs in Hong Kong – an offshore perspective

The new Hong Kong SPAC listing regime seeks a balance, introducing relatively stringent requirements for the quality of both listing candidates and also de-SPAC targets, addressing the commercial needs of SPAC sponsors whilst also raising the bar in terms

02/10/2022

Corporate Criminal Liability for Failure to prevent Money Laundering

The Financial Action Task Force (FATF) Methodology requires jurisdictions to demonstrate that money laundering offences and activities are investigated, and offenders are prosecuted and subject to effective, proportionate, and dissuasive sanctions.

02/09/2022

Proposed Addition of the Cayman Islands to the EU’s High Risk Third Countries List (the “EU AML List”)

There was a 30-day scrutiny period within which the Council of the EU or the EU Parliament was permitted to object to this proposed revision of the EU AML List

02/09/2022

CLO Migration from the Cayman Islands to Bermuda

Walkers has agreed an expedited process with the BMA allowing for same day consent to be granted with respect to the migration of any Cayman CLO vehicle.

02/09/2022

Digital assets to be covered by anti-money laundering rules

Credit unions will also now be regulated by the regulations.

02/08/2022

GFSC issues consultation paper on Bailiwick Mind and Management in relation to the Fiduciary and Investment sectors

The Commission expects that licensees will ensure that there is a level of local oversight and management of operations within the Bailiwick commensurate with the scale and nature of the activity carried out.

02/08/2022

2021 Capital Markets Union package: review of the ELTIF Regulation

The ELTIF qualifies as an alternative investment fund (AIF) that allows professional and retail investors across the European Union (EU) to invest in companies and projects that need long-term, stable capital.

02/08/2022

EU AML update: solutions for affected Cayman securitisation entities

Regulations prohibits the establishment of securitisation special purpose entities (SSPEs) in countries listed on the EU AML blacklist

02/08/2022

A Practical Guide to Employee Benefit Trusts in Guernsey

UK companies frequently used offshore-resident trustees (such as Guernsey trust companies) in order to operate the scheme outside the scope of UK capital gains tax while still benefitting from UK IHT relief.

02/07/2022

NSM launches fund administration business in Guernsey

Between them they bring to the business more than 40 years of experience in fund administration, particularly share registration, corporate governance, valuation and fund accounting.

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