In Schedule 1 of the Securities Investment Business Act (SIBA) securities are defined as:
The Securities Investment Business Act provides for the regulation of persons carrying on securities investment business, including market makers, broker-dealers, securities arrangers, securities advisors and securities managers, in or from the Cayman Islands. (See: What are regulated activities? under Securities FAQs.)
Under the SIBA, the Cayman Islands Monetary Authority is directly responsible for licensing, and for supervision and enforcement in respect of licensees. It is also responsible for the investigation of persons where it believes that they are, or have been, undertaking securities investment business without a licence to do so ('policing the perimeter'). CIMA's powers and duties are more particularly set out in sections 16 and 17 of the SIBA, and under section 18, CIMA can apply to the Grand Court for injunctions and restitution and disgorgement orders.
The processing of licence and registration applications and the ongoing supervision of securities investment business licensees is the responsibility of the Securities Supervision Division.
The SIBA provides a licensing regime for persons engaging in securities investment business as defined in the SIBA. Persons engaged in securities investment business must hold a Securities Investment Business Licence.
In determining whether a person is engaged in licensable activity, regard must be had to the definition of 'securities' in Schedule 1 of the SIBA. Note that the SIBA enables the schedule to be amended by the Governor in Cabinet.
CIMA regulates securities investment business in accordance with:
The SIBA requires the Cayman Islands Monetary Authority to specify overseas regulatory authorities and stock / securities exchanges that are "recognised" for the purposes of the SIBA.
Click the following link to view the List of Recognised Overseas Regulatory Authorities:
The criteria that CIMA applies in order to determine whether a stock exchange is “recognised” is set out in CIMA's Regulatory Policy for Approved Stock Exchanges.
Be the first to know about releases and industry news and insights.