Regulatory

It is a fact of life that all regulated businesses today face ever increasing pressure in the areas of compliance, regulation and risk management. Not only are our businesses required to comply with regulations and laws imposed within each jurisdiction, we need to be alert to impending changes in the UK, EU and elsewhere which could have an impact on the way we operate.

It is vital to ensure that there are appropriate policies and procedures in place to address these risks. In any business this can become a huge burden on staff and managers. Failure to meet the relevant requirements could place your organisation, and potentially your staff, at risk of investigations, prosecution, penalties, civil liabilities and even loss of licence. Our Risk and Regulatory team regularly helps financial services clients protect their most important asset – their regulated status and steer a path through rough regulatory waters. We assist leading international financial institutions across a range of matters, including: regulatory investigations and enforcement; licensing and prohibition actions; and anti-money laundering / countering the financing of terrorism (AML/CTF) and sanctions reporting and compliance.

Collas Crill's multi-disciplinary approach to providing risk and regulatory consultancy services ensures that every aspect of our clients' business is covered. By drawing on the skills and experience of a highly experienced team of lawyers with expertise from across the firm, we are able to deal with all legal compliance issues that could affect your business, whether contentious or non-contentious. The assistance we are able to provide ranges from strategic matters to specific operational issues.

In today's global environment, staying abreast of the latest developments is critical, which is why we regularly provide guidance on best market practice and deliver updates, seminars and training to clients on regulatory, risk and compliance issues. Whatever your needs, we will work with you and tailor our services to meet the requirements of your business for specific issues or transactions or on an ongoing basis.

Collas Crill's market-leading fraud, financial and white collar crime practice sits within our regulatory practice. Uniquely offering a mix of both civil and criminal fraud litigation experience, from internal investigations, to injunctions, to defence and enforcement, the team can lead clients through the most challenging of circumstances.

Services
AML/CFT advice
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We advise clients on regulations and requirements in the BVI, the Cayman Islands, Guernsey and Jersey in relation to anti-money laundering (AML) and combating the financing of terrorism (CFT) to help them ensure they meet their obligations.

Compliance consultancy services
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Collas Crill Compliance Limited (CCCL) provides governance, risk & compliance and AML/CFT services to Guernsey and Jersey regulated financial services businesses, and also to other businesses with compliance obligations such as estate agents, accountants and finance brokers.

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Economic substance
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Economic substance legislation is in place in each of our offshore jurisdictions, requiring all businesses with entities in those jurisdictions to carefully consider whether they fall within scope and if so, what they need to do in order to ensure that they are in compliance with the relevant legislation. We advise businesses on their obligations in this area.

Financial services licensing and compliance
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We are able to advise clients on the establishment and structuring of the full range of regulated service in our jurisdictions. Our experience allows us to shape licence applications to fit regulatory expectations as well as tailoring procedures and processes to reflect the latest and best practices in compliance and corporate governance.

Our services include general regulatory and compliance advice and support, non-financial services regulatory matters including utilities, data protection and corporate governance, due diligence, reviews, audits and health checks. We advise clients from a diverse client base with a focus on the financial services industry including fund administrators, trust companies, banks, investment managers, local companies and individuals.

Fraud and asset tracing
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We are used to working as part of a multi-jurisdictional team, capable of reacting and responding quickly to urgent requests for assistance with locating and freezing assets.

As sophisticated defendants become more adept at dissipating assets, we've been involved in cases that created new law in the Channel Islands in relation to a party's ability to trace assets and recover their losses. With their ability to deal with complex issues, the team deliver clear, commercial advice on the availability and likely success of recovery methods.

Investigations and enforcement
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The regulatory environment both in local jurisdictions and internationally, is increasingly complex and regulatory agencies are becoming more zealous in their approach to enforcement and investigations. We guide clients through the impact of enforcement of investigatory actions by regulatory bodies, offering dedicated strategic advice on a broad range of issues including enforcement notices, governance matters, complaints, insider trading and dealing and market manipulation.

We can also assist clients to conduct internal investigations prior to any regulatory investigations.

Reporting obligations and procedures
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We regularly advise clients on their reporting obligations including FATCA/CRS and beneficial ownership.

Sanctions
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We provide contentious and non-contentious advice and support, primarily for local financial services businesses, in complying with sanctions and anti-money laundering regulations. Our work ranges from initial strategic advice, liaison with stakeholders including regulators, clients and investigations and prosecution authorities – to litigation, where required.

Tax information exchange
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Our regulatory team provides legal support with TIEAs and other types of agreement to ensure our clients remain compliant, while conducting their business efficiently and in line with their own clients' interests and expectations.

White collar and financial crime
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White collar and financial crime are receiving heightened attention, particularly due to the expanding global presence of businesses, resulting in prosecutions that frequently involve authorities in multiple jurisdictions.

Working across borders we can advise and represent you on complex and sensitive issues, including those relating to fraud, bribery and corruption, sanctions, money laundering and extradition. We can also assist with unlocking assets frozen under the relevant proceeds of crime laws.

28 Apr 2025

Senior appointment for Collas Crill in Jersey

Collas Crill has appointed Kate Anderson as Partner in its corporate team in Jersey. Katie joins the firm from Voisins, where she worked for 26 years. A highly regarded corporate and commercial lawyer, Kate regularly advises local and international ...

8 Apr 2025

The Guernsey anti-money laundering regime through the lens of human rights caselaw

Background The starting point, in Guernsey, is that every person is entitled to the peaceful enjoyment of their property[1]. This right is not absolute but any infringement by the State must be proportionate and for a lawful reason. The Disclosure Law[2]...

20 Mar 2025

Changes to the BVI beneficial ownership rules: What you really need to know

On 2 January 2025, amendments to the BVI Business Companies Act (BCA) and the BVI Business Companies Regulations came into force by way of the BVI Business Companies (Amendment) Act, 2024 (Amendment Act) and the related BVI Business Companies (Amendment)...

6 Mar 2025

Guide to mutual funds in the Cayman Islands

The Cayman Islands is the leading jurisdiction for the offshore investment funds industry due to its combination of flexible and appropriate regulation, an approachable and effective regulator, professional service provider expertise, high reputation amo...

6 Mar 2025

Guide to company management licencing in the Cayman Islands

Licensing background Any person or entity wishing to carry out a company management business must first obtain a licence from the Cayman Islands Monetary Authority (CIMA). The Companies Management Act (As Revised) (CMA) defines 'business of company manag...

6 Mar 2025

Guide to the Securities and Investment Business Act - Registered Person and SIBA Licence

Licensing background The Securities and Investment Business Act (SIBA) applies to all entities organised or established in the Cayman Islands and which are engaged in the course of securities investment business, whether or not that business is actually ...

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Event 21 Nov 2024

MLRO/MLCO Masterclass #3

Event 12 Dec 2024

MLRO/MLCO Masterclass #4

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