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Trust & Company Management - Dear CEO Letters

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.

Trust & Company Management - 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.
Annual Return of Trusts and Companies under Management
Individual Questionnaire
Body Corporate Questionnaire
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.

Please note that the form must be submitted to the Gibraltar Financial Services Commission, who will liaise with the Royal Gibraltar Police in order to make the relevant enquiries. 

For any applicant that is not a Gibraltarian, or has not lived in Gibraltar for the last 10 years, in addition to the RGP vetting form must also provide the GFSC with a self-certified report of any previous criminal convictions from the relevant authority in the jurisdiction/s in which they have been ordinarily resident for the last 10 years.  



1 2018 Individual Questionnaire Warranty
1 2018 Body Corporate Questionnaire Warranty
1 2018 Individual Questionnaire Directors Declaration

Trust & Company Management - Guidance Notes

Anti Money Laundering and Counter Terrorism Financing Guidance Notes
2 Outsourcing
Financial Services Guidance Note No. 2

Trust & Company Management - Legislation

ACT 47 1989 Financial Services (Investment and Fiduciary Services) Act
LN 85 1991 Financial Services (Licensing) Regulations, 1991
LN 95 1991 Financial Services (Advertisements) Regulations, 1991
LN 96 1991 Financial Services (Unsolicited Calls) Regulations, 1991
LN 98 1991 Financial Services (Accounting & Financial) Regulations, 1991
LN 138 1992 Banking (Regulation of Credit Institutions) Regulations, 1992
LN 74 1992 Financial Services (Accounting & Financial)(Amendment) Regulations, 1992
LN 146 1993 Financial Services (Advertisements)(Amendment) Regulations, 1993
LN 147 1993 Financial Services (Penalty Fees) Regulations, 1993
LN 151 1993 Financial Services Act (Amendment) Regulations, 1993
ACT 17 1993 Financial Services (Amendment) Act, 1993
LN 144 1995 Financial Services (Amendment to Schedule 3) Regulations, 1995
LN 147 1995 Financial Services (Licensing)(Amendment) Regulations, 1995
LN 88 2002 Financial Services (Amendment) Regulations, 2002
LN 6 2004 Financial Services (Licensing)(Amendment) Regulations, 2004
LN 139 2006 Financial Services (Conduct of Fiduciary Services Business) Regulations, 2006
ACT 11 2007 Financial Services (Temporary Business Continuity) Act 2007
LN 73 2007 Financial Services (Temporary Business Continuity) (Fees) Regulations 2007
LN 81 2007 Financial Services (Temporary Business Continuity) Act 2007
Act 1 2010 Counter Terrorism Act
ACT 2 2010 Financial Services (Investment and Fiduciary Services) (Temporary Administration Of Companies) Act 2010
LN 71 2010 Financial Services (Fees) Regulations 2011
LN 82 2010 Financial Services (Investment and Fiduciary Services)(Amendment) Regulations 2010
LN 47 2012 Financial Services (Fees)(Amendment) Regulations 2012
LN 72 2012 Financial Services (Fees)(Amendment)(No.2) Regulations 2012
LN 76 2012 Financial Services Commission (Supervisory Acts) Order 2012
ACT 22 2013 Financial Services (Information Gathering and Co-operation) Act 2013
Act 14 2015 Proceeds of Crime Act 2015
LN 71 2016 Financial Services Commission (Fees) Regulations 2016
LN 67 2017 Financial Services (Investment and Fiduciary Services) Act (Amendment) Regulations 2017

Trust & Company Management - Newsletters

2 1992 Best Market Practice. Section on Money Laundering Guidelines withdrawn October 1996
4 1992 Guidance Notes On Communications Between Auditors And The Commission
5 1992 Guidance Notes On "Know Your Customer"
1 1993 Fraud: Ghost Money, Funny Money, Ready Willing And Able To Deliver, Advance Fee Fraud
3 1993 The Use Of Personal Computer Systems: A Guide To Secure System Implementation
6 1993 Penalties Regulations
3 1995 Sugar Frauds
1 1996 Criminal Justice Act, 1995
4 1996 Best Market Practice. Anti Money Laundering Systems, Controls and Procedures
2 1997 Advertising and the "Internet"
FSC 1 1998 The General Duties and Responsibilities of Directors
FSC 1 2002 Fitness and Propriety
FSC 1 2003 Retrospective "Know Your Customer" Reviews
FSC 2 2003 UN Sanctions: Freeze and transfer of Iraqi assets
FID 1 2004 Return Of Trusts And Companies Under Management
FSC 1 2006 Risk Assessment Visits - Findings
FSC 2 2006 Customer Money
FSC 4 2006 Financial Services Legislation
FSC 11 2012 Enhancing the confirmations provided by Statutory Auditors and Audit firms for the Capitalisation of Licenced Companies
FSC 3 2012 Annual Fees Update 2012
2 2013 Frequency of Director's Board meetings held for Regulated Firms
FSC 5 2013 Financial Services (Information Gathering and Co-operation) Act
FSC 8 2013 Country Risk Update
FSC 2 2015 Country Risk Update
FSC 1 2016 Country Risk Update 01/16
Improving Global AML/CFT Compliance: on-going process.
FSC 2 2016 Country Risk Update 02/16
Improving Global AML/CFT Compliance: on-going process.
FSC 3 2016 Country Risk Update 03/16
Improving Global AML/CFT Compliance: on-going process.
FSC 4 2016 Country Risk Update 04/16
Improving Global AML/CFT Compliance: on-going process
GFSC 1 2017 Country Risk Updates 01/17
GFSC 2 2017 Country Risk Updates 02/17
GFSC 2018 GFSC Fees Newsletter 2018-2019
GFSC 1 2018 Country Risk Updates 01/18

Trust & Company Management - Presentations

11 2006 Presenting the revised AML/CFT Guidance Notes
David Parody
11 2007 The revised AML/CFT Guidance Notes
GACO - David Parody
11 2007 The FSC's approach to AML/CFT Compliance
GACO - David Parody
3 2009 Revised Risk Assessment Methodology, Corporate Governance and Approved Persons
Gibraltar Insurance Institute - Gibraltar Society of Chartered & Certified Accountancy Bodies - Gibraltar Association of Compliance Officers David Parody
10 2011 FSC's revised risk assessment methodology
David Parody
4 2012 GACO-FSC Risk Methodology Workshop
Slides, case study and templates for the GACO workshop held on 14 November 2012 by the FSC