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A BILL FOR A LAW TO AMEND THE BANKS AND TRUST COMPANIES LAW (2018 REVISION) TO EMPOWER THE MONETARY AUTHORITY TO SUPERVISE CAYMAN BANKING GROUPS ON A CONSOLIDATED BASIS; AND TO PROVIDE FOR INCIDENTAL AND CONNECTED PURPOSES The Banks and Trust Companies (Amendment) Bill, 2018 THE BANKS AND TRUST COMPANIES (AMENDMENT) BILL, MEMORANDUM OF OBJECTS AND REASONS This Bill seeks to amend the Banks and Trust Companies Law (2018 Revision) (\u201cthe principal Law\u201d) to empower the Cayman Islands Monetary Authority to supervise Cayman banking groups on a consolidated basis. Clause 1 contains the short title. Clause 2 amends the principal Law by substituting the word \u201cCabinet\u201d for the word \u201cGovernor\u201d. Clause 3 amends section 2 of the principal Law by deleting the definition of the word \u201cGovernor\u201d and by inserting various definitions including \u201ceconomic group\u201d, \u201cCayman banking group\u201d, \u201cparticipating interest\u201d, and \u201crelevant financial activities\u201d. Clause 4 provides for the insertion of a new section 6A in the principal Law to empower the Authority with the ability to refuse to grant a licence or impose conditions on a licensee where the structure of the applicant\u2019s or licensee\u2019s economic group, if any, hinders effective supervision. Clause 5 amends section 8 of the principal Law so that the parent undertaking of a Cayman banking group is required to ensure that the net worth requirement stipulated in accordance with section 8 is maintained and sets out the conditions for the manner in which it is to be maintained. Clause 6 amends section 10 of the principal Law to impose a duty on a parent undertaking of the Cayman banking group to ensure that capital measures and other prudential measures are met on a consolidated basis by the Cayman banking group. Clause 7 amends section 12 of the principal Law to provide that every licensee is required to forward consolidated accounts for the licensee\u2019s Cayman banking group to the Authority. Clause 8 amends section 13 of the principal Law to provide that an auditor is also obligated to audit the accounts of entities forming part of a Cayman banking group. The Banks and Trust Companies (Amendment) Bill, 2018 Clause 9 amends section 14 of the principal Law to require licensees to inform the Authority of any change in holding that affects the licensee\u2019s composition of the economic group. Clause 10 amends section 17 of the principal Law to grant additional powers of supervision on the Authority, including the power to seek information from the Cayman banking group or the licensee\u2019s economic group, to examine the affairs of the Cayman banking group and to recover relevant costs. Clause 11 amends section 18 of the principal Law to grant the Authority additional intervention powers where the state of affairs of a Cayman banking group or the licensee\u2019s economic group is likely to jeopardize financial stability. Clause 12 provides for an appeal to be made to the court against a decision of the Authority. Clause 13 repeals and substitutes section 27 of the principal Law to enhance the powers of Cabinet to make Regulations which would include transitional, consequential, incidental or supplemental provisions. The Banks and Trust Companies (Amendment) Bill, 2018 THE BANKS AND TRUST COMPANIES (AMENDMENT) BILL, 2018 ARRANGEMENT OF CLAUSES\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Short title\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Amendment of the Banks and Trust Companies Law (2018 Revision), except section 2 - substitution of \u201cCabinet\u201d for \u201cGovernor\u201d\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Amendment of section 2 of the Banks and Trust Companies Law (2018 Revision) - definitions\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Insertion of section 6A - hindrance to effective supervision\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Amendment of section 8 - net worth requirements\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Amendment of section 10 - capital adequacy ratio\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Amendment of section 12 - accounts\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Amendment of section 13 - obligation of auditors\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Amendment of section 14 - certain prohibitions on licensee\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Amendment of section 17 - powers and duties of the Authority\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Amendment of section 18 - additional powers of the Authority\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Amendment of section 25 - appeals\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"Amendment of section 27 - regulations The Banks and Trust Companies (Amendment) Bill, 2018 A BILL FOR A LAW TO AMEND THE BANKS AND TRUST COMPANIES LAW (2018 REVISION) TO EMPOWER THE MONETARY AUTHORITY TO SUPERVISE CAYMAN BANKING GROUPS ON A CONSOLIDATED BASIS; AND TO PROVIDE FOR INCIDENTAL AND CONNECTED PURPOSES ENACTED by the Legislature of the Cayman Islands. 1. This Law may be cited as the Banks and Trust Companies (Amendment) Law, 2018. 2. The Banks and Trust Companies Law (2018 Revision), in this Law referred to as the \u201cprincipal Law\u201d, is amended, with the exception of section 2, by deleting the word \u201cGovernor\u201d wherever this word appears and substituting the word \u201cCabinet\u201d. 3. The principal Law is amended in section 2 as follows - (a) by deleting the definition of the word \u201cGovernor\u201d; and (b) by inserting in the appropriate alphabetical sequence the following definitions - \u201c \u201cCayman banking group\u201d, includes - (a) the licensee; (b) the licensee\u2019s parent undertaking except where, in the Authority\u2019s opinion, the undertaking is subject to consolidated supervision by another banking regulator; Short title Amendment of the Banks and Trust Companies Law (2018 Revision), except section 2 - substitution of \u201cCabinet\u201d for \u201cGovernor\u201d Amendment of   section 2 - definitions The Banks and Trust Companies (Amendment) Bill, 2018 (c) the licensee\u2019s subsidiaries; (d) any subsidiary of the licensee\u2019s parent undertaking except where, in the Authority\u2019s opinion, the undertaking is subject to consolidated supervision by another banking regulator; (e) a parent undertaking of any of the licensee\u2019s subsidiaries except where, in the Authority\u2019s opinion, the undertaking is subject to consolidated supervision by another banking regulator; and (f) an undertaking in which the licensee or an undertaking in paragraphs (b) to (e) has a participating interest; \u201ceconomic group\u201d, in relation to a licensee, includes - (a) its subsidiaries; (b) parent companies; (c) parent undertaking; (d) holding companies; (e) affiliates; (f) participating interests; (g) companies related to the licensee through common ownership; and (h) companies related to the licensee through a majority of common senior management or directorships; \u201cparent undertaking\u201d means, unless otherwise specified by the Authority, the entity that, directly or indirectly through another entity or entities, controls or exerts dominant influence over an entity; \u201cparticipating interest\u201d means an interest held by an undertaking in the shares of another entity, which the undertaking holds on a long-term basis for the purpose of securing a contribution to the undertaking\u2019s activities by the exercise of control or influence arising from or related to that interest; and a holding of twenty per cent or more of the shares of an entity shall be deemed to be a participating interest unless the contrary is shown; \u201crelevant financial activities\u201d includes - (a) financial leasing; (b) issuing credit cards; The Banks and Trust Companies (Amendment) Bill, 2018 (c) portfolio management; (d) investment advisory; (e) custodial and safekeeping services; and (f) other similar activities that are ancillary to the business of banking, but does not include the activities of an insurer; and \u201cundertaking\u201d means any business such as a body corporate, a partnership, trust, foundation or an unincorporated association carrying on a trade or business or holding an interest in an entity that carries on a trade or business, with or without a view to profit;\u201d. 4. The principal Law is amended by inserting after section 6 the following section - \u201cHindrance to effective supervision 6A. (1) Without prejudice to any other power that the Authority may have under this or any other law, the Authority may refuse to grant a licence or may impose conditions on a licensee where, in the Authority\u2019s opinion, either - (a) the structure of an applicant\u2019s or a licensee\u2019s economic group, if any, will hinder effective supervision; or (b) the activities of any entity in the Cayman banking group are likely to negatively impact the financial stability of the licensee or prejudice the interests of the licensee\u2019s depositors. (2) The conditions that may be imposed by the Authority under subsection (1) include the condition that the economic group or the Cayman banking group undergo a restructure.\u201d. 5. The principal Law is amended in section 8 by inserting after subsection (5) the following subsection - \u201c(6) The parent undertaking of a Cayman banking group is required to ensure that the net worth stipulated in this section, or such higher net worth as the Authority may direct, is maintained both in respect of the licensee on a solo basis and on a consolidated basis taking into account all the entities in the Cayman banking group.\u201d. Insertion of section 6A - hindrance to effective supervision Amendment of   section 8 - net worth requirements The Banks and Trust Companies (Amendment) Bill, 2018 6. The principal Law is amended in section 10 as follows - (a) by inserting after subsection (2) the following subsection - \u201c(2A) The parent undertaking of a Cayman banking group, which may be a licensee, is required to ensure that capital requirements and other prudential measures that may be issued by the Authority are met on a consolidated basis by the Cayman banking group. (2B) The parent undertaking of a Cayman banking group, which may be a licensee, shall be required to ensure that any prudential, supervisory or risk management measures that may be issued by the Authority from time to time are met on a consolidated basis by the Cayman banking group\u201d; and (b) by repealing subsection (3) and substituting the following subsection - \u201c(3) Where a licensee or the parent undertaking of a Cayman banking group fails to comply with a requirement of this section, the licensee may, for the purpose of section 18, be treated by the Authority as carrying on business in a manner detrimental to the public interest, the interest of its depositors or other creditors.\u201d. 7. The principal Law is amended in section 12 by inserting after subsection (2) the following subsection - \u201c(2A) Every licensee incorporated under the Companies Law (2018 Revision) shall forward to the Authority consolidated accounts in respect of the parent undertaking of the Cayman banking group of which the licensee is a member within three months of the end of the financial year of the parent undertaking of the Cayman banking group, unless prior written approval for an extension has been granted by the Authority.\u201d. 8. The principal Law is amended in section 13(1) by inserting after the words \u201caccounts of a licensee\u201d the words \u201cor of any entity forming part of a Cayman banking group\u201d. 9. The principal Law is amended in section 14 by repealing subsection (1) and substituting the following subsection - Amendment of section 10 - capital adequacy ratio Amendment of section 12 - accounts Amendment of section 13 - obligation of auditors Amendment of section 14 - certain prohibitions on licensee The Banks and Trust Companies (Amendment) Bill, 2018 \u201c(1) A licensee incorporated under the Companies Law (2018 Revision) shall not, without the prior written approval of   the Authority - (a) open outside of the Islands a subsidiary, branch, agency or representative office; or (b) change its name. (1A) A licensee shall inform the Authority of any change in holdings that affects the composition of the licensee\u2019s economic group, including any new entities forming part of the licensee\u2019s economic group, within forty-five days of the occurrence of the change.\u201d. 10. The principal Law is amended in section 17(3) as follows - (a) in paragraph (a) by deleting the word \u201cand\u201d appearing after the semi-colon; (b) in paragraph (b) by deleting the comma appearing after the words \u201cin contravention of section 5(1) or (2)\u201d and substituting a semicolon; (c) by inserting after paragraph (b) the following paragraphs - \u201c(c) to have access to information from any member of the Cayman banking group or any member of the licensee\u2019s economic group and such information includes - (i) policies; (ii) procedures; (iii) financial statements; (iv) audit reports; (v) board reports; (vi) regulatory returns; and (vii) supervisory reports from overseas regulators; (d) to examine the business or affairs including the carrying on of onsite inspections, of any member of the Cayman banking group; and (e) to conduct onsite inspections of a licensee,\u201d. 11. The principal Law is amended in section 18(1) as follows - (a) in paragraph (g) as follows - (i) by inserting after the words \u201ca person\u201d the words \u201cholding or\u201d; (ii) by deleting the words \u201cin the circumstances set out in paragraph (a) of section 7(2)\u201d; and (iii) by deleting the word \u201cor\u201d at the end of the paragraph; Amendment of section 17 - power and duties of the Authority Amendment of section 18 - additional powers of the Authority The Banks and Trust Companies (Amendment) Bill, 2018 (b) in paragraph (h) by inserting at the end of the paragraph the words \u201c; or\u201d ; (c) by inserting after paragraph (h) the following paragraph - \u201c(ha) the state of affairs which exists in respect of the Cayman banking group or material members of the licensee\u2019s economic group is likely to jeopardize the financial stability of the licensee or prejudice the interest of the licensee\u2019s depositors,\u201d; (d) in subparagraph (v) by deleting the word \u201cand\u201d; (e) in subparagraph (vi) by deleting the full-stop and substituting the word \u201c; and\u201d; and (f) by inserting after subparagraph (vi) the following subparagraph - \u201c(vii) impose any term or condition the Authority deems necessary on the activities or transactions of the members of the Cayman banking group in which the licensee is involved or that would materially affect the licensee.\u201d. 12. The principal Law is amended in section 25 as follows - (a) by deleting the word \u201cor\u201d at the end of paragraph (b); (b) by deleting the full stop at the end of paragraph (c) and substituting the words \u201c; or\u201d; and (c) by inserting after paragraph (c) the following paragraph - \u201c(d) made under regulation 4A(b) of the Private Trust Companies Regulations (2013 Revision).\u201d. 13. The principal Law is amended by repealing section 27 and substituting the following section - \u201cRegulations\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_27\", \"num\": \"27.\", \"text\": \"(1) The Cabinet may make Regulations prescribing all matters that are required or permitted by this Law to be prescribed, or are necessary or convenient to be prescribed for giving effect to the purposes and administration of this Law and in particular - (a) to prescribe the information, particulars and references which may be prescribed under section 6(1) or 11(3); (b) to control the form of advertising by licensees; (c) to prescribe fees payable under this Law; and (d) to prescribe matters, information, particulars, and requirements for the registering and maintenance of private trust companies. 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AND TO PROVIDE FOR\nINCIDENTAL AND CONNECTED PURPOSES\n\nThe Banks and Trust Companies (Amendment) Bill, 2018\n\n2\nTHE BANKS AND TRUST COMPANIES (AMENDMENT) BILL,\n2018\n\nMEMORANDUM OF OBJECTS AND REASONS\n\nThis Bill seeks to amend the Banks and Trust Companies Law (2018 Revision)\n(\u201cthe principal Law\u201d) to empower the Cayman Islands Monetary Authority to\nsupervise Cayman banking groups on a consolidated basis.\nClause 1 contains the short title.\nClause 2 amends the principal Law by substituting the word \u201cCabinet\u201d for the\nword \u201cGovernor\u201d.\nClause 3 amends section 2 of the principal Law by deleting the definition of the\nword \u201cGovernor\u201d and by inserting various definitions including \u201ceconomic\ngroup\u201d, \u201cCayman banking group\u201d, \u201cparticipating interest\u201d, and \u201crelevant financial\nactivities\u201d.\nClause 4 provides for the insertion of a new section 6A in the principal Law to\nempower the Authority with the ability to refuse to grant a licence or impose\nconditions on a licensee where the structure of the applicant\u2019s or licensee\u2019s\neconomic group, if any, hinders effective supervision.\nClause 5 amends section 8 of the principal Law so that the parent undertaking of a\nCayman banking group is required to ensure that the net worth requirement\nstipulated in accordance with section 8 is maintained and sets out the conditions\nfor the manner in which it is to be maintained.\nClause 6 amends section 10 of the principal Law to impose a duty on a parent\nundertaking of the Cayman banking group to ensure that capital measures and\nother prudential measures are met on a consolidated basis by the Cayman banking\ngroup.\nClause 7 amends section 12 of the principal Law to provide that every licensee is\nrequired to forward consolidated accounts for the licensee\u2019s Cayman banking\ngroup to the Authority.\nClause 8 amends section 13 of the principal Law to provide that an auditor is also\nobligated to audit the accounts of entities forming part of a Cayman banking\ngroup.\n\nThe Banks and Trust Companies (Amendment) Bill, 2018\n\n3\nClause 9 amends section 14 of the principal Law to require licensees to inform the\nAuthority of any change in holding that affects the licensee\u2019s composition of the\neconomic group.\nClause 10 amends section 17 of the principal Law to grant additional powers of\nsupervision on the Authority, including the power to seek information from the\nCayman banking group or the licensee\u2019s economic group, to examine the affairs\nof the Cayman banking group and to recover relevant costs.\nClause 11 amends section 18 of the principal Law to grant the Authority\nadditional intervention powers where the state of affairs of a Cayman banking\ngroup or the licensee\u2019s economic group is likely to jeopardize financial stability.\nClause 12 provides for an appeal to be made to the court against a decision of the\nAuthority.\nClause 13 repeals and substitutes section 27 of the principal Law to enhance the\npowers of Cabinet to make Regulations which would include transitional,\nconsequential, incidental or supplemental provisions.\n\nThe Banks and Trust Companies (Amendment) Bill, 2018\n\n4\nTHE BANKS AND TRUST COMPANIES (AMENDMENT) BILL, 2018\nARRANGEMENT OF CLAUSES\n\n1.\nShort title\n2.\nAmendment of the Banks and Trust Companies Law (2018 Revision),\nexcept section 2 - substitution of \u201cCabinet\u201d for \u201cGovernor\u201d\n3.\nAmendment of section 2 of the Banks and Trust Companies Law (2018\nRevision) - definitions\n4.\nInsertion of section 6A - hindrance to effective supervision\n5.\nAmendment of section 8 - net worth requirements\n6.\nAmendment of section 10 - capital adequacy ratio\n7.\nAmendment of section 12 - accounts\n8.\nAmendment of section 13 - obligation of auditors\n9.\nAmendment of section 14 - certain prohibitions on licensee\n10. Amendment of section 17 - powers and duties of the Authority\n11. Amendment of section 18 - additional powers of the Authority\n12. Amendment of section 25 - appeals\n13. Amendment of section 27 - regulations\n\nThe Banks and Trust Companies (Amendment) Bill, 2018\n\n5\nCAYMAN ISLANDS\n\nA BILL FOR A LAW TO AMEND THE BANKS AND TRUST\nCOMPANIES LAW (2018 REVISION) TO EMPOWER THE\nMONETARY AUTHORITY TO SUPERVISE CAYMAN BANKING\nGROUPS ON A CONSOLIDATED BASIS; AND TO PROVIDE FOR\nINCIDENTAL AND CONNECTED PURPOSES\n\nENACTED by the Legislature of the Cayman Islands.\n1.\nThis Law may be cited as the Banks and Trust Companies (Amendment)\nLaw, 2018.\n2.\nThe Banks and Trust Companies Law (2018 Revision), in this Law referred\nto as the \u201cprincipal Law\u201d, is amended, with the exception of section 2, by deleting\nthe word \u201cGovernor\u201d wherever this word appears and substituting the word\n\u201cCabinet\u201d.\n3.\nThe principal Law is amended in section 2 as follows -\n(a) by deleting the definition of the word \u201cGovernor\u201d; and\n(b) by inserting in the appropriate alphabetical sequence the\nfollowing definitions -\n\u201c\n\u201cCayman banking group\u201d, includes -\n(a)\nthe licensee;\n(b) the licensee\u2019s parent undertaking except where, in\nthe Authority\u2019s opinion, the undertaking is\nsubject to consolidated supervision by another\nbanking regulator;\nShort title\nAmendment of the Banks\nand Trust Companies\nLaw (2018 Revision),\nexcept section 2 -\nsubstitution of \u201cCabinet\u201d\nfor \u201cGovernor\u201d\nAmendment of   section\n2 - definitions\n\nThe Banks and Trust Companies (Amendment) Bill, 2018\n\n6\n(c)\nthe licensee\u2019s subsidiaries;\n(d) any\nsubsidiary\nof\nthe\nlicensee\u2019s\nparent\nundertaking except where, in the Authority\u2019s\nopinion,\nthe\nundertaking\nis\nsubject\nto\nconsolidated supervision by another banking\nregulator;\n(e) a parent undertaking of any of the licensee\u2019s\nsubsidiaries except where, in the Authority\u2019s\nopinion,\nthe\nundertaking\nis\nsubject\nto\nconsolidated supervision by another banking\nregulator; and\n(f)\nan undertaking in which the licensee or an\nundertaking in paragraphs (b) to (e) has a\nparticipating interest;\n\u201ceconomic group\u201d, in relation to a licensee, includes -\n(a)\nits subsidiaries;\n(b) parent companies;\n(c)\nparent undertaking;\n(d) holding companies;\n(e)\naffiliates;\n(f)\nparticipating interests;\n(g) companies related to the licensee through common\nownership; and\n(h) companies related to the licensee through a majority of\ncommon senior management or directorships;\n\u201cparent undertaking\u201d means, unless otherwise specified by the\nAuthority, the entity that, directly or indirectly through another\nentity or entities, controls or exerts dominant influence over an\nentity;\n\u201cparticipating interest\u201d means an interest held by an undertaking\nin the shares of another entity, which the undertaking holds on a\nlong-term basis for the purpose of securing a contribution to the\nundertaking\u2019s activities by the exercise of control or influence\narising from or related to that interest; and a holding of twenty\nper cent or more of the shares of an entity shall be deemed to be a\nparticipating interest unless the contrary is shown;\n\u201crelevant financial activities\u201d includes -\n(a)\nfinancial leasing;\n(b) issuing credit cards;\n\nThe Banks and Trust Companies (Amendment) Bill, 2018\n\n7\n(c)\nportfolio management;\n(d) investment advisory;\n(e)\ncustodial and safekeeping services; and\n(f)\nother similar activities that are ancillary to the business\nof banking, but does not include the activities of an\ninsurer; and\n\u201cundertaking\u201d means any business such as a body corporate, a\npartnership, trust, foundation or an unincorporated association\ncarrying on a trade or business or holding an interest in an entity\nthat carries on a trade or business, with or without a view to\nprofit;\u201d.\n4.\nThe principal Law is amended by inserting after section 6 the following\nsection -\n\u201cHindrance to\neffective\nsupervision\n6A. (1) Without prejudice to any other power that the\nAuthority may have under this or any other law, the Authority\nmay refuse to grant a licence or may impose conditions on a\nlicensee where, in the Authority\u2019s opinion, either -\n(a) the structure of an applicant\u2019s or a licensee\u2019s\neconomic group, if any, will hinder effective\nsupervision; or\n(b) the activities of any entity in the Cayman\nbanking group are likely to negatively impact\nthe financial stability of the licensee or\nprejudice the interests of the licensee\u2019s\ndepositors.\n(2) The conditions that may be imposed by the\nAuthority under subsection (1) include the condition that the\neconomic group or the Cayman banking group undergo a\nrestructure.\u201d.\n5.\nThe principal Law is amended in section 8 by inserting after subsection (5)\nthe following subsection -\n\u201c(6) The parent undertaking of a Cayman banking group is required to\nensure that the net worth stipulated in this section, or such higher net worth\nas the Authority may direct, is maintained both in respect of the licensee on\na solo basis and on a consolidated basis taking into account all the entities in\nthe Cayman banking group.\u201d.\nInsertion of section 6A -\nhindrance to effective\nsupervision\nAmendment of   section\n8 - net worth\nrequirements\n\nThe Banks and Trust Companies (Amendment) Bill, 2018\n\n8\n6.\nThe principal Law is amended in section 10 as follows -\n(a) by inserting after subsection (2) the following subsection -\n\u201c(2A) The parent undertaking of a Cayman banking group,\nwhich may be a licensee, is required to ensure that capital\nrequirements and other prudential measures that may be issued by\nthe Authority are met on a consolidated basis by the Cayman\nbanking group.\n(2B) The parent undertaking of a Cayman banking group,\nwhich may be a licensee, shall be required to ensure that any\nprudential, supervisory or risk management measures that may be\nissued by the Authority from time to time are met on a\nconsolidated basis by the Cayman banking group\u201d; and\n(b) by repealing subsection (3) and substituting the following\nsubsection -\n\u201c(3) Where a licensee or the parent undertaking of a\nCayman banking group fails to comply with a requirement of this\nsection, the licensee may, for the purpose of section 18, be treated\nby the Authority as carrying on business in a manner detrimental\nto the public interest, the interest of its depositors or other\ncreditors.\u201d.\n7.\nThe principal Law is amended in section 12 by inserting after subsection (2)\nthe following subsection -\n\u201c(2A)\nEvery licensee incorporated under the Companies\nLaw (2018 Revision) shall forward to the Authority consolidated\naccounts in respect of the parent undertaking of the Cayman\nbanking group of which the licensee is a member within three\nmonths of the end of the financial year of the parent undertaking\nof the Cayman banking group, unless prior written approval for\nan extension has been granted by the Authority.\u201d.\n8.\nThe principal Law is amended in section 13(1) by inserting after the words\n\u201caccounts of a licensee\u201d the words \u201cor of any entity forming part of a Cayman\nbanking group\u201d.\n9.\nThe principal Law is amended in section 14 by repealing subsection (1) and\nsubstituting the following subsection -\nAmendment of section\n10 - capital adequacy\nratio\nAmendment of section\n12 - accounts\nAmendment of section\n13 - obligation of\nauditors\nAmendment of section\n14 - certain prohibitions\non licensee\n\nThe Banks and Trust Companies (Amendment) Bill, 2018\n\n9\n\u201c(1) A licensee incorporated under the Companies Law (2018\nRevision) shall not, without the prior written approval of   the\nAuthority -\n(a)\nopen outside of the Islands a subsidiary, branch,\nagency or representative office; or\n(b)\nchange its name.\n(1A) A licensee shall inform the Authority of any change in\nholdings that affects the composition of the licensee\u2019s economic group,\nincluding any new entities forming part of the licensee\u2019s economic\ngroup, within forty-five days of the occurrence of the change.\u201d.\n10. The principal Law is amended in section 17(3) as follows -\n(a) in paragraph (a) by deleting the word \u201cand\u201d appearing after the\nsemi-colon;\n(b) in paragraph (b) by deleting the comma appearing after the words\n\u201cin contravention of section 5(1) or (2)\u201d and substituting a semicolon;\n(c) by inserting after paragraph (b) the following paragraphs -\n\u201c(c) to have access to information from any member of the\nCayman banking group or any member of the licensee\u2019s\neconomic group and such information includes -\n(i)\npolicies;\n(ii) procedures;\n(iii) financial statements;\n(iv) audit reports;\n(v) board reports;\n(vi) regulatory returns; and\n(vii) supervisory reports from overseas regulators;\n(d) to examine the business or affairs including the carrying on\nof onsite inspections, of any member of the Cayman banking\ngroup; and\n(e) to conduct onsite inspections of a licensee,\u201d.\n11. The principal Law is amended in section 18(1) as follows -\n(a) in paragraph (g) as follows -\n(i)\nby inserting after the words \u201ca person\u201d the words \u201cholding\nor\u201d;\n(ii) by deleting the words \u201cin the circumstances set out in\nparagraph (a) of section 7(2)\u201d; and\n(iii) by deleting the word \u201cor\u201d at the end of the paragraph;\nAmendment of section\n17 - power and duties of\nthe Authority\nAmendment of section\n18 - additional powers of\nthe Authority\n\nThe Banks and Trust Companies (Amendment) Bill, 2018\n\n10\n(b) in paragraph (h) by inserting at the end of the paragraph the\nwords \u201c; or\u201d ;\n(c) by inserting after paragraph (h) the following paragraph -\n\u201c(ha) the state of affairs which exists in respect of the\nCayman banking group or material members of the\nlicensee\u2019s economic group is likely to jeopardize the\nfinancial stability of the licensee or prejudice the\ninterest of the licensee\u2019s depositors,\u201d;\n(d) in subparagraph (v) by deleting the word \u201cand\u201d;\n(e) in subparagraph (vi) by deleting the full-stop and substituting the\nword \u201c; and\u201d; and\n(f)\nby inserting after subparagraph (vi) the following subparagraph -\n\u201c(vii) impose any term or condition the Authority deems\nnecessary on the activities or transactions of the\nmembers of the Cayman banking group in which the\nlicensee is involved or that would materially affect the\nlicensee.\u201d.\n12. The principal Law is amended in section 25 as follows -\n(a) by deleting the word \u201cor\u201d at the end of paragraph (b);\n(b) by deleting the full stop at the end of paragraph (c) and\nsubstituting the words \u201c; or\u201d; and\n(c) by inserting after paragraph (c) the following paragraph -\n\u201c(d) made under regulation 4A(b) of the Private Trust\nCompanies Regulations (2013 Revision).\u201d.\n13. The principal Law is amended by repealing section 27 and substituting the\nfollowing section -\n\u201cRegulations\n27. (1) The Cabinet may make Regulations prescribing all\nmatters that are required or permitted by this Law to be\nprescribed, or are necessary or convenient to be prescribed for\ngiving effect to the purposes and administration of this Law\nand in particular -\n(a) to prescribe the information, particulars and\nreferences which may be prescribed under\nsection 6(1) or 11(3);\n(b) to control the form of advertising by licensees;\n(c) to prescribe fees payable under this Law; and\n(d) to prescribe matters, information, particulars,\nand requirements for the registering and\nmaintenance of private trust companies.\nAmendment of section\n25 - appeals\n\n(2013 Revision)\nAmendment of section\n27 - regulations\n\nThe Banks and Trust Companies (Amendment) Bill, 2018\n\n11\n(2) Regulations made under this Law may -\n(a) make different provisions in relation to\ndifferent cases or circumstances;\n(b) apply in respect of particular persons or\nparticular cases or particular classes of\npersons or particular classes of cases, and\ndefine\na\nclass\nby\nreference\nto\nany\ncircumstances whatsoever; or\n(c) contain\nsuch\ntransitional,\nconsequential,\nincidental or supplementary provisions as\nappear to the Cabinet to be necessary for the\npurposes of the Regulations.\u201d.\n\nPassed by the Legislative Assembly the           day of                           , 2018.\n\nSpeaker.\n\n        Clerk of the Legislative Assembly.","akn_extracted_at":"2026-06-22 15:41:10.548979+00","cms_id":"2018-0031","law_type":"bill","year":"2018","number":"31","title":"2018-0031","status":"bill"},"provenance":{"files":[{"file_id":"6958","expr_id":"2159","kind":"akn_xml","filename":"2018-0031.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/BILLS\/2018\/2018-0031\/2018-0031.akn.xml","content_md5":"2c12fbc78f35caa38e21b5d2bc3896ad","byte_size":"20142","http_last_modified":null,"fetched_at":"2026-06-22 15:41:10.666969+00"},{"file_id":"4317","expr_id":"2159","kind":"pristine_pdf","filename":"2018-0031.pdf","source_url":"\/cms\/images\/LEGISLATION\/BILLS\/2018\/2018-0031\/2018-0031.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/BILLS\/2018\/2018-0031\/2018-0031.pdf","content_md5":"b8dd65bceabe9a3cbeab08fd904ef952","byte_size":"206447","http_last_modified":null,"fetched_at":"2026-06-16 04:01:11.259908+00"},{"file_id":"4318","expr_id":"2159","kind":"working_pdf","filename":"2018-0031.pdf","source_url":"\/cms\/images\/LEGISLATION\/BILLS\/2018\/2018-0031\/2018-0031.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/BILLS\/2018\/2018-0031\/2018-0031.pdf","content_md5":"b8dd65bceabe9a3cbeab08fd904ef952","byte_size":"206447","http_last_modified":null,"fetched_at":"2026-06-16 04:01:11.259908+00"}],"paragraph_count":6,"latest_history":null},"quality":{"expr_id":"2159","doc_id":"2159","quality_state":"known_issue","quality_score":"67","needs_human_review":"t","deterministic_categories":"{duplicate_text,page_header_footer_noise,title_mismatch}","llm_categories":"{}","repair_actions":"{collapse_duplicate_text,strip_page_furniture,verify_title_metadata}","finding_severity_counts":"{\"low\": 2, \"high\": 1}","finding_summary":"stored title is not visible in the opening extracted text; repeated line furniture detected: the banks and trust companies amendment bill 2018 x11; amendment of section x10","assessed_at":"2026-06-22 15:29:46.211079+00","updated_at":"2026-06-22 15:29:46.211079+00"}}