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
Asset freezing
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At Collas Crill, we're 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.

Data protection
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Data is the most valuable asset for many of our clients and data protection is a growing facet of offshore business. We have advised a number of institutional clients on their commercial obligations in terms of data security and data protection and regularly provide advice on contract terms in this difficult area. We also have significant experience in using the full range of legal remedies available to obtain access to data and information held, and so are ideally placed to advise clients on either side of the data protection equation.

Financial services licensing and regulatory advisory
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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, white collar and financial crime
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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.

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.

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 ...

17 Feb 2025

Updates to Cayman's Beneficial Ownership Regime: Access Restrictions and Legitimate Interest Regulations

Introduction The Cayman Islands has recently introduced two regulations under the Beneficial Ownership Regime which relate to:  circumstances where persons with "legitimate interests" can apply for access to beneficial ownership information (Legiti...

18 Sep 2024

Collas Crill advises on the acquisition of Brooks Macdonald Asset Management (International) Ltd

Collas Crill's Financial Services and Regulatory team has assisted Canaccord Genuity Group Inc's wealth management business in the UK and Crown Dependencies in relation to its entry into a binding agreement to acquire Brooks Macdonald Asset Management (I...

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