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Cayman Islands’ Banking Regulations: A Framework for Sound Financial System
The Cayman Islands Monetary Authority (CIMA) plays a crucial role in regulating and licensing banking and trust businesses in the country, ensuring a sound financial system that promotes economic stability.
Definition of Banking Business
According to Section 2 of the Banks and Trust Companies Act, “banking business” is defined as:
- The receipt and holding of money on current, savings, deposit, or other similar accounts that are repayable by cheque or order
- Which may be invested through advances to customers or otherwise
Regulation of Banking Business
CIMA’s authority is derived from the Monetary Authority Act and the Banks and Trust Companies Act, which provides a legal framework for the operation of banks and trust companies in the Cayman Islands. The Development Bank Act governs the sole development bank in the country.
Licence Categories
CIMA issues various categories of licenses under the Banks and Trust Companies Act, including:
- Category A Banking Licence
- Category B Banking Licence
- Trust Licence
- Restricted Category B Banking Licence
- Restricted Trust Licence
- Nominee (Trust) Licence
Standards of Regulation & Supervision
The Authority regulates banking and trust business in accordance with:
- Relevant acts and regulations
- International supervisory standards
- Its own rules, guidance, policies, and procedures
CIMA is a member of 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).
Capital Adequacy
The Authority follows the principles of the Bank for International Settlements’ capital adequacy regime, setting minimum threshold levels of:
- 12% for subsidiaries of banks subject to consolidated supervision
- 15% for locally incorporated banks
Supervision
CIMA’s Banking Supervision Division processes applications for licenses, conducts on-site examinations, and monitors the activities of banks. The division also:
- Analyzes quarterly prudential returns
- Reviews annual audited financial statements
- Assesses capital adequacy, loan loss experience, liquidity, and loan and deposit concentrations
Compliance and Enforcement
The objective of CIMA’s supervisory system is to foster prudent banking practices that enhance the financial sector. In cases where a bank engages in conduct detrimental to the public interest or threatens the safety of depositors, the Authority has remedial powers at its disposal.
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