Management Services Handbook
Class 7 - Management or Administration Services Handbook - Link to Register of licenceholders
The Management or Administration Services handbook is produced to provide licenceholders (those who are licensed by the Isle of Man Financial Services Authority (“the Authority”) to conduct management or administration services in or from the Isle of Man), potential licenceholders and other interested parties with easy access to the legislation and guidance relating to management or administration services in or from the Isle of Man.
The handbook is only produced in an on-line format. However, copies of all statutory documents (original, un-amended, legislation) may be obtained from the Tynwald Library, by quoting the SD number shown at the top of each document.
Please find links below to the Financial Services Act 2008, secondary legislation and relevant pieces of guidance.
Guidance (and where applicable other legislation) relating to other Classes of Regulated Activities may be found in handbooks relating to other licensable activities: Deposit taking, Investment Businesses, Collective Investment Schemes, Corporate Service Providers, Trust Service Providers, and Money Transmission services.
In case of any query, please contact the Supervision team at the Authority.
2.1 The Primary legislation governing management or administration services in or from the Isle of Man is the Financial Services Act 2008 The following secondary legislation is made under powers contained in the Financial Services Act 2008. Where these regulations and regulatory codes have been amended after they were made, the “as amended” version is shown:
- Financial Services Act 2008 (Appointed Day) Order 2008,
- Regulated Activities Order 2011 (as amended 2013 and 2016),
- Financial Services (Exemptions) Regulations (as amended 2013 and 2016),
- Financial Services Rule Book 2016,
- Financial Services (Civil Penalties) Regulations 2015,
- Financial Services (Register of Permitted Persons) Regulations 2011,
- Financial Services (Appointment of a Manager) Order 2014
3. Guidance applicable to management or administration activities
There are no application, licence or annual fees for Class 7 licenceholders.
3.1 The Authority’s Licensing Policy for Regulated Activities under the Financial Services Act 2008 (“licensing policy”) applies to all licence applicants and licenceholders. Section 2.9 of the licensing policy addresses when a Class 7 licence is likely to be necessary and the responsibilities of the parties concerned. Paragraph 2.9.7 of the licensing policy includes that:
"A licence applicant who wishes to conduct management or administration services for another licenceholder must:
be authorised to carry on regulated activities falling within Class 7;
also be authorised to carry on regulated activities falling within the relevant class i.e. only a deposit taker can manage another deposit taker;
have a track record in the relevant regulated activity; and
be able to demonstrate competence and experience to act as manager of the managed entity …"
3.2 Other guidance and forms (not included above) which relate to management or administration services:
- Application form for a Financial Services Licence
- Forms and Returns Page
- Licenceholder contact sheet
3.3 Disaster recovery/business continuity
The use of facilities on the Island by regulated businesses from other jurisdictions for temporary business continuity purposes is addressed by Schedule 2 of the Financial Services (Exemptions) Regulations.
4. Guidance applicable to all licensable sectors/activities
Guidance on matters generic to all the Authority's licensable activities/ categories of business:
- Anti-Money Laundering Handbook and Countering the Financing of Terrorism Handbook
- Business plans - rule 8.11 and 9.13 guidance
- Corporate Governance
- Licensing Policy
- Materiality of rule breaches – rule 8.17 guidance
- Outsourcing/Delegation of function
- Key Person forms
- Responsibilities and Duties of Directors under the laws of the Isle of Man
- Rule Book consent and notification summary table
- Rule Book guidance
- Rule Book obligations to keep registers
- Rule Book obligations to maintain policies
- Proforma subordinated loan agreement (N.B. This proforma agreement has been prepared specifically for use by applicants for and holders of a financial services licence under the Financial Services Act 2008. If you are not an applicant or licenceholder, you should not copy, circulate or in any other way use or rely on the wording contained in the agreement. Applicants and licenceholders may copy the proforma but must not rely on the wording of the proforma and should take their own legal advice as to the appropriateness of the wording and the document in their own circumstances.)
- Supervisory approach
- Training & Competence