Advanced Search Options : ❯
Regulation 13 of the International Financial Services Centres Authority (Procedure for Making Regula...
On commencement, the earlier 2021 procedure-making regulations are repealed, but actions, purported actions, and commenced processes under that regime retain effect and are treated as arising under corresponding current provisions. Subsidiary instructions issued before commencement are similarly preserved. Regulations, subsidiary instructions, and related actions before or after commencement are not invalid merely because the prescribed procedure was not followed.
Regulation 12 of the International Financial Services Centres Authority (Procedure for Making Regula...
Regulation 12 excludes the prescribed regulatory procedure from internal organisational matters, procedural measures or subsidiary instructions not involving substantive policy changes, coordinated decisions, and specified market integrity or national security interventions. It also covers measures required to meet international agreements or similar arrangements where public consultation serves no meaningful purpose. The Authority must be informed whenever the prescribed procedure is not applied.
Regulation 11 of the International Financial Services Centres Authority (Procedure for Making Regula...
Periodic review is mandated for each regulation made under regulation 3 every five years, unless an earlier review is warranted. The review assesses objectives, outcomes, implementation, enforcement, related litigation, global best practices, relevance in a changed environment, redundancy reduction, and ease of doing business. Where amendment is warranted, it must be made under the procedure in Chapter III.
Regulation 10 of the International Financial Services Centres Authority (Procedure for Making Regula...
Amendments to existing regulations and subsidiary instructions made under regulation 4(2) must comply with the procedural requirements prescribed in Chapter III, subject to regulations 6 and 9. The amendment process therefore applies to both regulations and subsidiary instructions.
Regulation 9 of the International Financial Services Centres Authority (Procedure for Making Regulat...
Regulation 9 authorises dispensation of public consultation where the Authority considers it expedient in the interest of developing and regulating the financial services market. The power may be used where the time required for consultation would defeat the purpose of proposed regulations or result in undue delay in redressing a problem or market failure.
Regulation 8 of the International Financial Services Centres Authority (Procedure for Making Regulat...
The Authority may engage stakeholders through additional mechanisms considered appropriate, establish and consult expert or advisory committees for recommendations on drafting or reviewing regulations and subsidiary instructions, and constitute Independent Thematic Review Committees. Independent Thematic Review Committees may conduct focused, independent evaluations of high-priority regulatory themes, including for Regulatory Impact Assessment, on terms considered fit.
Regulation 7 of the International Financial Services Centres Authority (Procedure for Making Regulat...
Public consultation for proposed subsidiary instructions ordinarily requires a minimum period for public comments. The Chairperson may dispense with consultation or reduce that period by recording reasons in writing, with the decision placed before the Authority for information. Comments must be reviewed, and necessary modifications proposed. The modified proposal and comments must be placed before the Authority or its delegated officer for approval. Before issuance, a summary of comments and a general response must be uploaded on the Authority's website.
Regulation 6 of the International Financial Services Centres Authority (Procedure for Making Regulat...
Public comments on proposed regulations must ordinarily be invited for at least 21 calendar days. The Chairperson may, for recorded reasons, reduce or dispense with consultation, subject to placing that decision before the Authority. Proposed regulations and public comments must be considered by the Authority, with written reasons for substantial deviations in an approved revised draft. Comment summaries, responses, and justified substantial changes must be published before notification, and substantive changes differing materially from the consultation paper may require repeated consultation.
Regulation 5 of the International Financial Services Centres Authority (Procedure for Making Regulat...
Public comments must be sought before specified regulations or subsidiary instructions are made. Publication of a consultation paper on the Authority's website is required. The paper must state relevant international norms and regulatory best practices, the problem addressed, regulatory intent and objectives, enabling enactment or regulation, draft measures, and the manner, process, and timelines for public comments.
Regulation 4 of the International Financial Services Centres Authority (Procedure for Making Regulat...
Subsidiary instructions may implement the Act and regulations by prescribing compliance requirements for financial products, services and institutions, explaining or clarifying provisions, setting procedural requirements, and addressing matters necessary for effective implementation. Public consultation must precede instructions prescribing compliance requirements or outlining the meaning, scope or intent of a provision.
Regulation 3 of the International Financial Services Centres Authority (Procedure for Making Regulat...
Regulation-making power is conferred on the Authority to carry out the purposes of the Act. Exercise of that power is subject to compliance with the requirements prescribed under regulations 5 and 6. The framework requires adherence to the stipulated procedure before regulations are made.
Regulation 2 of the International Financial Services Centres Authority (Procedure for Making Regulat...
Defined terms govern the procedure for making regulations and subsidiary instructions. Public comments include consultation responses on proposed regulations, subsidiary instructions, and amendments from persons and market participants. Subsidiary instructions include circulars, guidelines, frameworks, and other instruments approved by the Authority or an authorised delegate. Expressions not defined carry the meanings assigned under the International Financial Services Centres Authority Act, 2019, including statutory modifications or re-enactments.
Regulation 1 of the International Financial Services Centres Authority (Procedure for Making Regulat...
Commencement occurs on publication in the Official Gazette unless a different provision expressly applies. Gazette publication operates as the default trigger for legal effect while allowing a specific provision to prescribe alternative commencement. Regulation 1 addresses the formal short title and commencement, without prescribing detailed procedures for making regulations or subsidiary instructions.
Fourth Schedule of the International Financial Services Centres Authority (Techfin and Ancillary Ser...
TechFin and Ancillary Service Providers must comply with applicable regulatory requirements, report material changes affecting their registration, and notify the Authority of specified FATF high-risk jurisdiction links involving promoters or significant beneficial owners. They must maintain adequate manpower and infrastructure in the IFSC and obtain separate registration or authorisation under the applicable framework before undertaking regulated activities.
Third Schedule of the International Financial Services Centres Authority (Techfin and Ancillary Serv...
Third Schedule exclusions prohibit TechFin and Ancillary Service Providers from providing non-outsourceable core activities and services separately regulated under an IFSCA framework. Prohibited services include facility management, building maintenance, security, housekeeping, maintenance-related manpower, transport and logistics, construction-related services, and physical-asset management. The Authority may also exclude services that do not constitute arrangements for carrying on specified financial services.
Second Schedule of the International Financial Services Centres Authority (Techfin and Ancillary Ser...
Permitted TechFin Services include cloud computing, cybersecurity, application development, automation, ERP systems, eGRC implementation, IT infrastructure management, payment-system technology services, regulatory and supervisory technology, data-centre services, and technology supporting trade finance, digital banking and tokenization. The scope also includes outsourcing permitted by a home-jurisdiction financial-sector regulator and solutions using AI, digital identity, KYC, AML/CFT, fraud prevention, DLT, IoT, metaverse technologies, quantum technology and Web 3.0.
First Schedule of the International Financial Services Centres Authority (Techfin and Ancillary Serv...
Permitted ancillary services in an IFSC include actuarial, advisory, auditing, asset-management, legal, management consulting, marketing, valuation and secretarial services; business, knowledge and legal-process outsourcing; customer-care, human-resource and payroll, supply-chain, and family-office support. They also include compliance, governance, risk-management, fund-administration, insolvency and liquidation support, leasing broking, voice broking for banking, and trusteeship services other than separately permitted debenture trustee services. Other outsourced services allowed in an entity's home jurisdiction and further services permitted by the Authority may also be undertaken.
Regulation 20 of the International Financial Services Centres Authority (Techfin and Ancillary Servi...
Existing Ancillary Service Providers and TechFin entities authorised under the earlier frameworks remain governed by them until receipt of a certificate of registration under the current regulations or until twelve months after commencement, unless extended, whichever occurs first. The earlier ancillary-services and TechFin frameworks cease after twenty-four months from commencement. Prior operation, accrued rights, privileges, obligations, liabilities, penalties, investigations, legal proceedings and remedies remain preserved.
Regulation 19 of the International Financial Services Centres Authority (Techfin and Ancillary Servi...
Default action may be initiated against a TechFin and Ancillary Service Provider for contravention of applicable regulations, circulars, guidelines or directions. The Authority may take action it considers fit, but must first provide the concerned provider a reasonable opportunity to be heard through written submissions.
Regulation 18 of the International Financial Services Centres Authority (Techfin and Ancillary Servi...
Inspection powers permit the Authority, acting on its own motion or on information or a complaint, to appoint one or more Inspecting Authorities to examine a TechFin and Ancillary Service Provider's books of account, records, documents, infrastructure, procedures and systems.