The Isle of Man's Financial Supervision Commission on Monday issued a briefing
document on the implementation of the new Financial Services Bill and associated
secondary legislation.
Comments are welcome from interested parties until 14th July, the Commission
announced, although it pointed out that the publication is primarily a briefing
document rather than a consultation.
In the document, the FSC explained that:
"The Financial Services Act 2008 has now completed its passage through
Tynwald and is awaiting Royal Assent. Following Royal Assent, secondary legislation
will be laid before Tynwald to bring the new Act into effect from 1 August 2008."
"The Financial Services Act 2008 (Appointed Day) Order 2008 will bring
the Act and all secondary legislation, including the Rule Book, into effect
for new licenceholders from 1 August 2008."
"Under transitional arrangements, existing licenceholders will continue
to carry on regulated activities under their current licences and in accordance
with the Regulatory Codes until 1 January 2009. Additionally the Antimoney laundering
Part of the new Rule Book will also apply to existing licenceholders from 1
August 2008."
"From 1 January 2009 existing licenceholders will receive their new licences
and at that time the new Rule Book will apply in full. This is in line with
the proposals outlined at the Manx Museum in January 2008."
It continued:
"The Rule Book is currently available on the Commission’s website
in draft form, with the final version to be published before 1 August. The Commission
is currently working on the accessibility of the Rule Book in order to allow
licenceholders to filter those rules that apply to the specific class(es) of
licence that they hold. Guidance is also being drafted to accompany the rules."
"The Commission has asked a number of practitioners to join an informal
“CAROL Implementation Group” which is acting as a sounding board
for proposals, and contributing its own suggestions, for example on where guidance
would be useful. By doing this, the Commission aims to identify potential difficulties
for practitioners
at an early stage and to smooth the implementation process."
The briefing document outlined the Commission's plans for:
- Issuing licences under the new Act to existing licenceholders;
- Dealing with exceptions and modification of rules when issuing licences;
- Registers of licences; and
- Annual compliance returns.
The Commission revealed that it intends to brief its licenceholders via its
website on implementation as the project progresses and further briefing documents
will be issued in the Summer and Autumn.