The Isle of Man Treasury
has introduced new legislation that will strengthen the authority
of the Financial Supervision Commission (FSC) in order to more
effectively regulate the island's Corporate Service Providers
(CSPs).
In early November
the Draft of the Corporate Services Providers Bill 2000 received
Royal Assent. The FSC, which is responsible for the licensing
and supervision of the Island's banking institutions, investment
businesses, collective investment schemes and building societies,
has now been given powers to ensure that CSPs hold their clients'
funds in accounts separate from their own, thus providing security
for the clients if the CSP fails.
Furthermore the FSC
will have the authority to regulate CSP applications and to investigate
CSP licenceholders with regard to business practices and the provision
of information. Once the majority of CSP applications have been
processed, Section 2 of the Corporate Service Providers Act 2000
will be brought into operation. Under Section 2 it will then be
an offence for a CSP to operate without a licence. However, if
a CSP has a licence application lodged with the FSC it will be
permitted to continue operating until a decision has been made
to either grant or refuse the application. The FSC has invited
licence applications from corporate service providers from 27
November 2000 onwards.
In a press statement
the Manx government described the new law as "ground-breaking",
and explained the need to regulate the providers of corporate
services which form a significant part of the finance sector:
'The legislation aims to protect anyone engaging the services
of a CSP in the Island by imposing on CSPs standards of "fitness
and properness". By requiring all CSPs to conduct their CSP
business to the highest standards through a codification of industry
"best practice", the Bill also aims to protect the reputation
of the Isle of Man.
The government asserts
that the regulation and supervision of the CSPs will strengthen
the island's finance industry and enhance its international reputation
as an offshore finance centre with the highest of professional
standards.