New Beneficial Ownership Regime Comes into Effect in Cayman Islands
Overview of the Revised Regime
The Cayman Islands have implemented a revised beneficial ownership regime, which expands the scope of entities subject to its provisions and removes several exemptions. As a result, companies, limited liability companies, and other legal persons are now required to identify and provide details of their registrable beneficial owners to their corporate services providers (CSPs) for entry onto a beneficial ownership register.
Entities Affected by the New Regime
The revised regime affects foundation companies, exempted limited partnerships, and limited partnerships, in addition to previously covered entities. This means that all types of companies and other legal persons are now subject to the new requirements.
Key Features of the Revised Regime
- Expanded scope: The revised regime covers a wider range of entities, including foundation companies, exempted limited partnerships, and limited partnerships.
- Additional data fields: Companies must provide additional information about their beneficial owners, including address for service, nationality, and the nature in which the beneficial owner owns or exercises control over the legal person.
- Amended definition of beneficial owner: The definition of beneficial owner has been updated to align with the Cayman Islands Anti-Money Laundering Regulations.
Consequences of Non-Compliance
The consequences for non-compliance with these obligations are severe, including:
- Initial administrative fine: An initial administrative fine of $5,000
- Ongoing monthly fines: Ongoing monthly fines for continued non-compliance
Timeline and Enforcement
While the revised regime has come into operation, CSPs on behalf of legal persons will have until early 2025 to deliver the relevant information to the relevant Registrar. Enforcement relating to the new requirements is not expected to commence until early 2025.
Expert Guidance Available
Appleby’s regulatory team can provide guidance on the requirements of the Beneficial Ownership Transparency Act, classification of Cayman Islands entities, and identification of their beneficial owners.
Disclaimer
The information contained in this article is only intended for general information purposes and is not intended to constitute legal advice. For specific advice, please contact Appleby or your usual attorney.