Funds - Dear CEO Letters
2011 | EIF Directorship – Corporate Governance |
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2012 |
Valuations This letter deals with independent valuations what the FSC considers to be good practice in this area.
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2013 |
Systems of Controls to prevent financial crime With the bringing into effect of the Crimes Act 2011 a number of new and revised financial crimes were introduced into the statute books. This letter aims to provide regulated firms with guidance on our expectations of the systems of control that we expect to see in regulated firms in this respect.
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2013 | Amendment of the Prospectus Directive(2003/71/EC) |
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2013 |
Guidance for information to be included in Audited Financial Statements The purpose of this letter is to provide details of FSC expectations on additional
disclosures to be included in Audited Financial Statements that is in the best interest of
investors.
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2014 | Dear CEO letter for EIF Directors ( and guidance when completing EIF Director Returns) |
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Funds - Forms and Returns
Statement of Compliance The Statement of Compliance ("SoC") should be submitted to the Commission within four months of the end of a firm's accounting period.
A separate SoC is required from each regulated persons within the same group, where these carry out different activities and submit separate audited accounts. For example, where a group includes firms that carry out distinct activities i.e. insurance management, company management and professional trusteeship or investment business, and submit separate accounts to each of the respective divisions of the Commission, a separate SoC will be required from each of these firms.
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UK scheme seeking recognition in Gibraltar CIS 3a - Notification by a Collective Investment Scheme constituted outside Gibraltar and recognised in the UK that it proposes to invite persons in Gibraltar to become participants in the scheme.
This form should be accompanied by a one-off recognition fee of £2500.
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Notification Document This form should be accompanied by a one-off registration fee of £2500.
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Offering Document Checklist |
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Material Change Form This form should be submitted to the Commission within 20 days of a material change to an experienced investor fund taking place, as per Regulation 11 of the Financial Services (Experienced Investor Funds) Regulations 2012. A payment of £100.00 will need to be made when submitting this form. |
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EIF Return In accordance with Regulation 12 of the Regulations, a return must be submitted on an annual basis by the administrator in respect of each experienced investor fund. The EIF Return should be submitted to the Commission within 6 months of the end of a fund's accounting period.
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Individual Questionnaire |
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Body Corporate Questionnaire |
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EIF Return Notes for Completion Experienced Investor Fund Return Notes for Completion.
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Notes to Form UCITS Manager1 (cross-border services) |
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Collective Investment Scheme Manager Return |
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Notes for Completion of the Collective Investment Scheme Manager Return |
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AIFM Reporting Template - Authorised AIFM A1 - This form should be completed and submitted to the FSC by authorised AIFMs and authorised self-managed AIFs.
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AIFM Reporting Template - External Small AIFMs B2 - This form should be completed and submitted to the FSC by Small AIFMs who manage one or more AIFs.
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AIFM Reporting Template - Self Managed Small AIFMs C3 - This form should be completed and submitted to the FSC by Small AIFMs that are self-managed AIFs.
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Supervisory return - Alternative Investment Fund Manager to be used by external AIFMs |
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Notes for Completion - Alternative Investment Fund Manager Supervisory Return |
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Royal Gibraltar Police Vetting Application Form Please note that an 'Individual Questionnaire' or a 'Notifiable Document' MUST be accompanied by a Royal Gibraltar Police vetting application form in accordance with Section 30C of the Proceeds of Crime Act 2015. (i) The enquiry form must be completed by the applicant in full with BLUE INK on an original form (scanned copies will not be accepted by the RGP) (ii) £10 will be required to be submitted with the form. This can be paid in cash or you may pay by cheque. If you are paying by cheque please make this payable to the Government General Account. |
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2014 | Supervisory return - Alternative Investment Fund Depositary return to be completed by Private Equity Depositaries only |
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2014 |
EuVECA Registration Form Please use this form when registering as a EuVECA manager to market qualifying venture capital funds throughout the EEA to certain categories of investors under the EuVECA ‘label’.
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2014 |
EuSEF Registration Form Please use this form when registering as a EuSEF manager to market qualifying social entrepreneurship funds throughout the EEA to certain categories of investors under the EuSEF ‘label’.
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2016 |
AIFMD Reporting XML submissions Beginning with the 2016/17 filing period, the GFSC will only accept ESMA compliant XML files for the purposes of AIFMD Reporting, articles 3.3.D, 24.1, 24.2 and 24.4.
The following rules apply:
Please remember that the format for saving the .XML AIFMD reporting files for submissions at end of January 2017 is the same as last year; The AIF file: 00000_AIF_yyyymmdd_hhmm (Fund identifier_AIF_year/month/day_hour/minute) The AIFM file: 00000_AIFM_ yyyymmdd_hhmm (Fund identifier_AIFM_year/month/day_hour/minute) *If you are receiving your XML files from an external party, you should relay the saving format to them, or alternatelively, re-save each file using the saving format above. *New for this year (January 2017 reporting) is that you MUST include the following words in the title of the email: AIFMD 2017 Returns The reason for this is that our system automatically picks up and processes XML file attachments based on the above wording in the title of the email. File submission mechanism: The ESMA compliant XML files have to be submitted via Email, either individually or bundled into Zip files. Note that we also accept multiple returns bundled into one XML file. Please send all forms and queries to: AIFMD@fsc.gi. |
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2016 |
AIFM-AIF National Codes List of unique Gibraltar identifier codes for AIFMs, AIFs and Cells.
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2017 |
EIF Director Return Experienced Investor Fund Director Return for Completion. |
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Funds - Guidance Notes
Anti Money Laundering and Counter Terrorism Financing Guidance Notes |
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2 |
Outsourcing Financial Services Guidance Note No. 2
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ESMA | 197 | 2012 |
Guidelines to competent authorities and UCITS management companies on risk measurement Guidelines to competent authorities and UCITS management companies on risk measurement
and the calculation of global exposure for certain types of structured UCITS
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ESMA | 832 | 2012 |
Guidelines for competent authorities and UCITS management companies Guidelines on ETFs and other UCITS issues
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ESMA | 611 | 2013 | Guidelines on key concepts of the AIFMD |
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Funds - Legislation
ACT | 47 | 1989 | Financial Services (Investment and Fiduciary Services) Act |
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LN | 85 | 1991 | Financial Services (Licensing) Regulations, 1991 |
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LN | 94 | 1991 | Financial Services (Conduct of Business) Regulations, 1991 |
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LN | 95 | 1991 | Financial Services (Advertisements) Regulations, 1991 |
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LN | 96 | 1991 | Financial Services (Unsolicited Calls) Regulations, 1991 |
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LN | 98 | 1991 | Financial Services (Accounting & Financial) Regulations, 1991 |
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LN | 138 | 1992 | Banking (Regulation of Credit Institutions) Regulations, 1992 | |
LN | 65 | 1992 | Financial Services (Collective Investment Schemes)(Amendment) Regulations, 1992 | |
LN | 73 | 1992 | Financial Services (Collective Investment Schemes)(Amendment)(No2) Regulations, 1992 | |
LN | 147 | 1993 | Financial Services (Penalty Fees) Regulations, 1993 |
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LN | 151 | 1993 | Financial Services Act (Amendment) Regulations, 1993 | |
ACT | 17 | 1993 | Financial Services (Amendment) Act, 1993 | |
LN | 14 | 1994 | Financial Services (Collective Investment Schemes)(Amendment) Regulations, 1994 | |
LN | 123 | 1997 | Financial Services (Collective Investment Schemes)(Amendment) Regulations, 1997 | |
ACT | 35 | 1998 | Disclosure of Interests in Shares Act, 1998 | |
ACT | 22 | 2001 | The Protected Cell Companies Act, 2001 |
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ACT | 10 | 2002 | Financial Services (Investor Compensation Scheme) |
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LN | 88 | 2002 | Financial Services (Amendment) Regulations, 2002 | |
EU | 809 | 2004 |
EU Commission Regulation Implementing Directive 2003/71/EC of the European Parliament and of the Council as regards information contained in prospectuses as well as the format, incorporation by reference and publication of such prospectuses and dissemination of advertisements.
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LN | 116 | 2005 | Financial Services (Experienced Investor Funds) Regulations, 2005 | |
ACT | 44 | 2005 | Market Abuse Act, 2005 |
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ACT | 46 | 2005 | Prospectuses Act, 2005 | |
ACT | 48 | 2005 | Financial Services (Collective Investment Schemes) Act, 2011 |
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EU | 1787 | 2006 |
EU Commission Regulation Amending Commission Regulation (EC) 809/2004 implementing Directive 2003/71/EC of the European Parliament and of the Council as regards information contained in prospectuses as well as the format, incorporation by reference and publication of such prospectuses and dissemination of advertisements.
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ACT | 36 | 2006 | Investor Compensation Scheme (Bulgaria and Romania) (Amendment) Act, 2006 | |
ACT | 42 | 2006 | Financial Services (Amendment) Act, 2006 | |
LN | 47 | 2006 | Financial Services (Collective Investment Schemes) Regulations, 2006 | |
LN | 57 | 2006 | Financial Services (Conduct of Business: Investment Firms & Insurance Intermediaries) Regulations 2006 |
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LN | 10 | 2007 | Financial Services (Investment Exchange) (Rules and Notification) Regulations, 2007 |
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LN | 12 | 2007 | Financial Services (Licensing) (Amendment) Regulations, 2007 | |
LN | 13 | 2007 | Listed Securities (Notification of Major Holdings) Regulations, 2007 |
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LN | 14 | 2007 | Official Listing Rules 2007 |
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EU | 211 | 2007 |
EU Commission Regulation Amending Regulation (EC) No 809/2004 implementing Directive 2003/71/EC of the European Parliament and of the Council as regards financial information in prospectuses where the issuer has a complex financial history or has made a significant financial commitment.
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LN | 23 | 2007 | Financial Services (Experienced Investor Funds) (Amendment) Regulations, 2007 | |
Act | 1 | 2010 | Counter Terrorism Act |
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LN | 57 | 2010 | Market Abuse (Amendment) Regulations 2010 | |
EU | 583 | 2010 |
EU Commission Regulation Implementing Directive 2009/65/EC of the European Parliament and of the Council as regards key investor information and conditions to be met when providing key investor information or the prospectus in a durable medium other than paper or by means of a website
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EU | 584 | 2010 |
EU Commission Regulation Implementing Directive 2009/65/EC of the European Parliament and of the Council as regards the form and content of the standard notification letter and UCITS attestation, the use of electronic communication between competent authorities for the purpose of notification, and procedures for on-the-spot verifications and investigations and the exchange of information between competent authorities
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LN | 60 | 2010 | Experienced Investor Funds (Fees) Regulations 2010 | |
LN | 71 | 2010 | Financial Services (Fees) Regulations 2011 | |
LN | 82 | 2010 | Financial Services (Investment and Fiduciary Services)(Amendment) Regulations 2010 | |
LN | 190 | 2011 | Financial Services (Collective Investment Schemes) Regulations 2011 |
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LN | 192 | 2011 | Financial Services (Collective Investment Schemes) (Corporate Restructuring) Regulations 2011 |
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LN | 193 | 2011 | Financial Services (Collective Investment Schemes) (Conduct of Business) Regulations 2011 |
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LN | 194 | 2011 | Financial Services (Collective Investment Schemes) (Key Investor Information) Regulations 2011 |
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LN | 195 | 2011 | Financial Services (Collective Investment Schemes) (Miscellaneous Provisions) Regulations 2011 |
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LN | 163 | 2012 | Prospectuses Act, 2005 |
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LN | 46 | 2012 | Experienced Investor Funds (Fees)(Amendment) Regulations 2012 | |
LN | 47 | 2012 | Financial Services (Fees)(Amendment) Regulations 2012 | |
LN | 56 | 2012 | Financial Services (Experienced Investor Funds) Regulations 2012 |
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LN | 72 | 2012 | Financial Services (Fees)(Amendment)(No.2) Regulations 2012 | |
LN | 76 | 2012 | Financial Services Commission (Supervisory Acts) Order 2012 |
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EU | 862 | 2012 |
EU Commission Regulation Amending Regulation (EC) No 809/2004 as regards information on the consent to use of the prospectus, information on underlying indexes and the requirement for a report prepared by independent accountants or auditors.
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LN | 103 | 2013 | Financial Services (Alternative Investment Fund Managers) Regulations 2013 |
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LN | 104 | 2013 | Financial Services (Alternative Investment Fund Managers) (Fees) Regulations 2013 | |
LN | 199 | 2013 | Financial Services (Alternative Investment Fund Managers) (Depositaries) Regulations 2013 |
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ACT | 22 | 2013 | Financial Services (Information Gathering and Co-operation) Act 2013 |
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EU | 231 | 2013 |
EU Regulation COMMISSION DELEGATED REGULATION of 19 December 2012 supplementing Directive 2011/61/EU of the European Parliament and of the Council with regard to exemptions, general operating conditions, depositaries, leverage, transparency and supervision
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EU | 345 | 2013 |
EU Regulation REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 17 April 2013 on European venture capital funds
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EU | 346 | 2013 |
EU Regulation REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 17 April 2013 on European social entrepreneurship funds
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EU | 447 | 2013 |
EU Regulation Regulation establishing the procedure for AIFMs which choose to opt in under Directive 2011/61/EU
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EU | 448 | 2013 |
EU Regulation Regulation establishing a procedure for determining the Member State of reference of a non-EU AIFM pursuant to Directive 2011/61/EU
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LN | 121 | 2014 | Financial Services (Alternative Investment Fund Managers) (European Social Entrepreneurship Funds) Regulations 2014 |
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LN | 122 | 2014 | Financial Services (Alternative Investment Fund Managers) (European Venture Capital Funds) Regulations 2014 |
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EU | 694 | 2014 |
EU Regulation COMMISSION DELEGATED REGULATION of 17 December 2013 supplementing Directive 2011/61/EU of the European Parliament and of the Council of June 8 2011 on Alternative Investment Fund Managers and amending Directives 2003/41/EC and 2009/65/EC and regulations (EC) No 1060/2009 and (EU) No 1095/2010, and in particular Article 4(4) therof.
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Act | 14 | 2015 | Proceeds of Crime Act 2015 |
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LN | 71 | 2016 | Financial Services Commission (Fees) Regulations 2016 |
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Funds - Newsletters
Funds - Presentations
11 | 2006 |
Presenting the revised AML/CFT Guidance Notes David Parody
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7 | 2006 |
Hedge Funds Marcus Killick
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11 | 2007 |
Regulatory Framework for Gibraltar Domiciled Funds - Munich presentation Marcus Killick
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11 | 2007 |
The revised AML/CFT Guidance Notes GACO - David Parody
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11 | 2007 |
The FSC's approach to AML/CFT Compliance GACO - David Parody
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2 | 2008 |
Regulatory framework for Gibraltar-domiciled funds Marcus Killick
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4 | 2012 |
GACO-FSC Risk Methodology Workshop Slides, case study and templates for the GACO workshop held on 14 November 2012 by the FSC
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4 | 2012 |
GFIA — EIFs from the Regulator's Perspective Slides for the GFIA seminar held on 7 November 2012 by the FSC
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1 | 2013 |
AIFMD - Regulatory Aspects Slides from an FSC seminar held on 20th June 2013 by Joanne Beiso
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