Financial Crime World

Title: Cayman Islands Monetary Authority’s Crackdown on Financial Compliance Regulations for Banking Businesses

Definition and Regulation of Banking Business by CIMA

The Cayman Islands Monetary Authority (CIMA), the regulatory body responsible for banking and trust businesses in the British Overseas Territory, has reiterated its commitment to maintaining robust financial compliance regulations. In this article, we’ll discuss the definition of banking business under the Cayman Islands’ Banks and Trust Companies Act and the various license categories issued by CIMA.

Banking Business: According to Section 2 of the Banks and Trust Companies Act, banking business is defined as the practice of receiving money from individuals and organizations outside of banks or trust companies and maintaining current, savings, deposit, or similar accounts. Money held in these accounts can be invested through advances to customers or other means.

Licensing Categories Issued by CIMA

CIMA holds the power to issue various categories of licenses, including:

  1. Category A Banking Licence
  2. Category B Banking Licence
  3. Trust Licence
  4. Restricted Category B Banking Licence
  5. Restricted Trust Licence
  6. Nominee (Trust) Licence

Regulation of Banking and Trust Businesses by CIMA

CIMA regulates banking and trust businesses in accordance with the relevant laws, CIMA rules and regulations, and international supervisory standards. The regulatory body is a member of crucial financial groups such as the Offshore Group of Banking Supervisors (OGBS), the Caribbean Group of Banking Supervisors (CGBS), and the Association of Supervisors of Banks of the Americas (ASBA). This membership ensures that CIMA complies with the Basel Committee on Banking Supervision’s guidelines.

Capital Adequacy and Supervision

Capital Adequacy: Capital adequacy is a significant focus for CIMA; the minimum threshold levels are set at 12% for subsidiaries of banks subject to consolidated supervision and 15% for locally incorporated banks. The Banking Supervision Division is responsible for applications, ongoing supervision, and regulation of banking activities.

Primary Goals

The division’s primary goal is to promote a sound financial system within the Cayman Islands. It achieves this through off-site and on-site monitoring, which includes analyzing quarterly returns and financial statements, formal prudential interviews, on-site inspections, and interactions with external auditors.

Enforcement Actions

In the event of noncompliance with regulations, CIMA uses legislative powers to enforce prudent banking practices and protect the interests of depositors. For more information on CIMA’s enforcement actions, visit the dedicated section of their website.