Archive for August, 2018

CIMA signs MoU with American insurers group

Tuesday, August 14th, 2018

The Cayman Islands Monetary Authority (CIMA) signed a memorandum of understanding (MoU) with the National Association of Insurance Commissioners (NAIC) with a view to help insurance supervisors in the US and Cayman Islands coordinate on regulatory issues with the goal of efficient, fair, safe and stable insurance markets. According to a press release from CIMA, signed on August 4, the agreement encourages a formal framework to provide mutual assistance and exchange of information to coordinate compliance in each jurisdiction.

CIMA Managing Director Cindy Scotland said that the memorandum of understanding was a significant milestone in the CIMA’s ongoing collaboration with the regulators of the world’s largest insurance market. She noted: “I am confident that this agreement will strengthen the relationship between the NAIC and the Authority. It will also provide stronger capabilities for each organisation to achieve our common goals of economic stability and consumer protection”.

CIMA said it has established good working relationships with various state regulators within the US and other regulatory, standard setting bodies outside of the Cayman Islands.

To date, CIMA has entered into 55 bilateral agreements and 6 multilateral agreements with regulatory authorities, including the International Association of Insurance Supervisors and US Banking regulators (Federal Reserve System Board of Governors, Office of the Comptroller of the Currency, Federal Deposit Insurance Corporation, and Office of Thrift Supervision).

CIMA’s regulatory powers extended

Thursday, August 9th, 2018

The Cayman Islands Monetary Authority (CIMA) has said that a Privy Council decision made in July 2018 has confirmed the regulator’s powers to compel non-licensee Cayman-registered companies“>Cayman-registered companies to give up information on behalf of other overseas regulators under the authority’s 2018 Law.

According to a press release issued by CIMA, the Judicial Committee of the London-based court refused Select Vantage Inc.’s application to appeal a decision of the Cayman Islands Court of Appeal, which had found in CIMA’s favour last year.

“In refusing Select Vantage Inc.’s application, at the very first stage, the Privy Council has effectively and clearly affirmed the Court of Appeal’s earlier ground-breaking decision regarding CIMA’s powers. This decision acknowledges that CIMA has powers to obtain information from a non-licensee Cayman Islands registered company on behalf of another overseas regulator under the Monetary Authority Law 2018,” the Authority said.

Select Vantage Inc. is a Cayman Islands registered exempt company operating as a proprietary trading firm, which currently is not a licensee of CIMA. It was under investigation by the Australian Securities and Investments Commission (ASIC) for potential market manipulation and the Cayman Authority sought information for that regulator.

In 2017, CIMA was asked by Australian officials for information about the company for its investigations and CIMA obtained a Grand Court order obliging Select Vantage to hand over details of its traders. The firm challenged the order, arguing among other things that it was just a subsidiary and did not have the details requested. But the Cayman Islands Court of Appeal found in CIMA’s favour and rejected Select Vantage’s claims.

CIMA Managing Director Cindy Scotland noted the importance of the Privy Council’s decision and the affirmation of the authorities powers “to require information and documents in response to a proper request from an overseas regulatory authority whether the company or companies involved are licensed by CIMA or not”.