Financial Services Regulatory Commission Act of Saint Christopher and Nevis: An Overview
The Financial Services Regulatory Commission Act (Cap 21.10) of Saint Christopher and Nevis is a crucial piece of legislation that aims to regulate, supervise, and develop financial services in the territory while protecting consumers and maintaining stability within the financial sector.
Purposes
- The Act seeks to provide for the regulation, supervision, and development of financial services in the territory.
- It also aims to protect consumers and maintain stability within the financial sector.
Regulated Entities
The Act applies to a wide range of entities involved in financial services, including:
- Banks
- Insurance companies
- Securities dealers
- Investment advisors
- Others as may be designated by the Minister responsible for finance
Duties of Regulated Entities
Regulated entities are required to comply with laws and regulations administered by the Commission, including requirements related to:
- Licensing
- Capital adequacy
- Risk management
- Consumer protection
Commission’s Powers
The Financial Services Regulatory Commission has the authority to:
Grant licenses to regulated entities
Conduct inspections and investigations
Impose penalties for non-compliance
Make rules and regulations
Collect fees from licensed entities
Engage in international cooperation
Disclosure of Information
The Commission may disclose information to a regulatory authority if the request is lawful, necessary for the exercise of regulatory functions, and meets specific conditions outlined in the Act.
Protection from Liability
Commissioners, officers, and employees of the Commission are protected from liability for acts done or omitted in good faith while exercising their powers under the Act.
Conflict of Interest
Commissioners must declare any interest they have in a matter before the Commission and leave the meeting when such a matter is discussed if their interest is material.
Appointment, Resignation, and Revocation of Commissioner Appointments
- Commissioners are appointed for a period not exceeding three years, subject to reappointment and staggering of appointments.
- They may resign at any time by giving notice in writing to the Minister.
- Their appointment can be revoked by the Minister upon evidence.
Offences
Failing to comply with certain provisions of the Act, including those related to conflict of interest, is an offence punishable by a fine not exceeding fifty thousand dollars or imprisonment for a term not exceeding three years, or both.