Laws and Codes

·         Legislation

·         FSC Guides

·         FSC Codes

·         Guidelines

 

 

 

 

 


 

Enabling Law :

The Financial Services Act 2007

The Financial Services Development Act 2001   (Repealed)

Financial Services Development (Amendment) Act 2005 (Repealed)

Financial Services Development Regulations 2001

Financial Services Development (Amendment Of Schedules) Regulations 2001 

Companies Legislation :

The Companies Act 2001

The Protected Cell Companies Act 1999

Protected Cell Companies (Amendment of Schedule) Regulations 2005

Trust :

The Trust Act 2001

Insurance :

The Insurance Act 2005  (With Amendments 2007)

The Insurance Act 1987 (Repealed)

The Insurance Regulations 1988

Securities :

The Securities Act 2005 (With Amendments 2007)

The Stock Exchange Act 1988 (Repealed)

The Stock Exchange (Investment Clubs) Rules 1994

The Stock Exchange (Investment by Foreign Investors) Rules 1994

The Stock Exchange (Brokerage Regulations) 1989

The Stock Exchange (Brokerage Fee for Debentures) Regulations 1999

The Stock Exchange (Dealers Representatives’ Examinations) Regulations 1992

The Stock Exchange (Licensing) Regulations 1989

The Stock Exchange (Stockbrokers Examinations) Regulations 1993

The Securities (Central Depository, Clearing and Settlement) Act 1996

The Unit Trust Act 1989 (Repealed)

The Approved Investment Institution Rules 1992

Combatting Money Laundering & Terrorist Financing :

The Financial Intelligence and Anti-Money Laundering Act 2002

Financial Intelligence and Anti-Money Laundering (Amendment) Regulations 2005

Financial Intelligence and Anti-Money Laundering Regulations 2003  [GN 79 of 2003]

The Prevention of Terrorism Act 2002

The Prevention of Corruption Act 2002

Terrorism Regulation GN14 of 2003

Taxation :

The Income Tax Act 1995

The Income Tax (Foreign Tax Credit) Regulations 1996

 

Disclaimer:  Although reasonable care is taken to ensure that these documents are up to date with relevant amendments, they are only provided for ease of reference. The FSC may not guarantee their completeness and accuracy, and shall not be liable for any consequences of actions/decisions taken based on the above information. It is therefore recommended that reference be made to the authoritative text as published in the Government Gazette.

                                                                                    

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FSC Guides

Guide to Global Business

Application Forms and Guides - GBC1 and GBC2 (S013)

Guide to Compliance (S023)

Annual Accounts (Management Companies and Licensed Trustees)

Guide to Private Equity Fund

 


Application Forms and Guides – GBC1 and GBC2 (S013)

As from 3 January 2003, any application that is not in conformity with the Application Forms posted below is likely to be rejected.  Management Companies should ensure that their clients are made aware of this requirement and that they may add annexes and supporting documents to the Application Form on matters that require fuller details and certification.

 

» Category 1 Global Business Licence

   Download C1GBL Application Form

   Form A - Checklist to be completed for C1GBL Application

   Form B - Legal status of the Applicant

   Form C - Checklist to be completed for C1GBL Application for Collective Investment Schemes, Private Equity Funds, Venture Capital Funds, Investment Companies, CIS Manager, Investment Adviser/Manager

 

» Category 2 Global Business Licence

 

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Guide to Compliance (S023)

The FSC is pleased to announce that the Guide has now been finalised and that the compliance regime described in the Guide has become operational with effect from 6 January 2003.  The final version of the Guide is posted below.

This Guide to Compliance is issued to licensed Management Companies under the powers of the Commission pursuant to its functions under section 6 (d) and under its powers under section 7 (1) (a) of the Financial Services Development Act 2001.  This Guide does not derogate from nor restrict in any way the power vested in the Commission by Statutes.

 

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ANNUAL ACCOUNTS

 (-Management Companies and Licensed Trustees)

The Commission places great reliance for its supervisory functions on the audited accounts that Management Companies are required to submit on an annual basis. Accordingly, the Commission insists on the timely submission of audited accounts.

The Commission recommends that all Management Companies present their figures in a standard format so as to facilitate analysis, comparison and aggregation of data.

Where a Management Company handles clients’ money, the sum of such money should be treated as an off-balance sheet item. The notes to the accounts should include an analysis in the style set out in Appendix 3 of the standard format.

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FSC Codes

 

Codes on the Prevention of Money Laundering and Terrorist Financing intended for:  - (22 July 2005)

1)      Insurance Companies

2)      Investment Businesses  

3)      Management Companies 

 


Guidelines

 

» Guidelines on Stress Test Requirement for Long Term Insurers

» Guidelines on Contingency Plan for Insurers


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