Trust and Corporate Service Providers (“TCSP”) Handbook
Class 4 - Corporate Services and Class 5 - Trust Services Handbook - Link to Register of licenceholders
The TCSP handbook is produced by the Isle of Man Financial Services Authority (“the Authority”). It provides easy access to the legislation and guidance relating to trust and corporate service provider activities in or from the Isle of Man, for use by licenceholders (those who are licensed to conduct business in or from the Isle of Man), potential licenceholders and other interested parties.
The handbook is only produced in an online format. Isle of Man legislation is also available online at https://www.legislation.gov.im/cms/. Paper copies of 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.
In case of any query, please contact the Fiduciaries Supervision team at the Authority. See contact list here.
2.1 The primary legislation governing TCSP activities in or from the Isle of Man is the Financial Services Act 2008.
The Secondary legislation is made under powers contained in the Financial Services Act 2008. It can be found on a central table here. Where this secondary legislation has been amended, the “as amended” version is shown.
3. Guidance applicable to TCSP activities
3.1 Guidance and forms which relate to applying for a TCSP licence
The Authority provides guidance on “Becoming a Regulated Entity”. This covers when a licence may be needed and how to apply, with links to all relevant documents.
The assessment process for licence applicants involves a thorough evaluation to ensure the Authority’s fitness and propriety criteria, including integrity, competence and solvency, are met. This evaluation will be carried out in accordance with the Authority's Licensing Policy for Regulated Activities under the Financial Services Act 2008 ("licensing policy”), under the Authority’s Licensing Procedure. The licensing policy is supported by the Training and Competency Framework. Individuals that are intended to hold Controlled Functions, and who must therefore have their fitness and propriety assessed, will need to submit the appropriate F&P forms. Details of the Controlled Fnctions and which form is required may be found in Regulatory Guidance - Fitness and Propriety. The F&P Assessment Forms can be found here.
The Licensing Policy and related documents apply to licenceholders on an ongoing basis.
3.2 Policy and guidance applicable to all licensable sectors/activities
The following policy and guidance is on matters generic to all the Authority's licensable activities under the Financial Services Act 2008.
Fitness and Propriety
- Licensing Policy for Regulated Activities under the Financial Services Act 2008
- Training and Competence Framework
- Fitness & Propriety Assessment Forms
- Regulatory Guidance - Fitness and Propriety
Guidance relevant to the Rule Book
The following documents form part of the Rule Book guidance:
- Business plans - rule 8.11 and 9.13 guidance
- Corporate Governance
- Materiality of rule breaches – rule 8.17 guidanceOutsourcing/Delegation of function
- Outsourcing/Delegation of function
- Rule Book consent and notification summary table
- 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.)
Forms and Reporting
The following pages help licenceholders meet their responsibility to report to the Authority.
3.3 Policy and guidance specific to TCSPs
The following policy and guidance is on matters specific to TCSPs’ regulated activities.
- Responsibilities and Duties of Directors under the laws of the Isle of Man
- Guidelines on expected practice for Trust Service Providers - 2017
- Guidance on directorships, trusteeships and similar responsibilities held by directors and key persons of licenceholders
4. AML/CFT Code and Handbook
The AML/CFT Handbook, and associated sector specific documents, provides guidance for Financial Services Act 2008 licenceholders on how the Authority would expect these persons to fulfil their responsibilities under the AML/CFT legislation.
5. Sundry web links and other matters
- The Association of Corporate Service Providers (Association of Fiduciary Service Providers Ltd) http://www.acsp.co.im/
- Institute of Chartered Secretaries and Administrators http://www.icsa.org.uk/
- Society of Trust and Estate Practitioners http://www.step.org/