The Banking Division is
responsible for processing
applications for bank, and bank
and trust company licenses, and
for making recommendations to
the Governor in Council for the
issue (or non issue) of a
license. The division is
responsible for both off-site
and on-site supervision of the
banks, and bank and trust
companies. Licensees are
required to provide the
Authority with annual audited
accounts and quarterly reporting
schedules, these are examined
and analyzed by the division in
order assess capital adequacy,
asset quality, management
capability and expertise,
earnings and liquidity. On-site
supervision focuses on the risk
management practices of banks
and enables the Authority to
monitor and control these risks.
The Authority aims to maintain a
level of supervision which
reflects international
supervisory standards. As with
banking and trust company
applications, the applications
by insurance companies,
insurance managers, brokers,
agents or sub-agents are
carefully considered and a
recommendation made to the
Governor-in-Council. Special
attention is paid to the
Business Plan, including the
level of solvency to be
maintained. Subsequent changes
to the Business Plan must be
agreed with the regulators.
Ongoing requirements include the
filing of annual audited
financial statements along with
a certificate of compliance. One
very important element in the
administration of the insurance
industry is the role of the
Insurance Managers. The
Insurance Law stipulates that
every captive must appoint an
Insurance Manager resident in
the Cayman Islands to be
responsible for maintaining
proper records of its business.
The Insurance Manager is called
upon to ensure the captives are
complying with the provisions of
the Insurance Law to maintain
timely communications with the
Authority. The Investment
Services Supervision is
responsible for the supervision
and regulation of mutual funds
and mutual fund administrators.
This division processes
applications for mutual fund
administrator licenses and puts
forward recommendations to the
Governor-in-Council.
Applications for the licensing
or registration of mutual funds,
which are subject to the
Monetary Authority's approval,
are also processed by this
division. As with all other
sectors, funds and
administrators are required to
file audited financial
statements which are examined
and analyzed by the division.
The Mutual Funds Law, however,
places some of the supervisory
obligation in the hands of the
private sector, specifically the
Mutual Fund Administrators and
External Auditors of funds and
Administrators who have
reporting obligations to the
Authority under certain
circumstances. The Compliance
Division is responsible for the
centralization of the
enforcement efforts and due
diligence of all the divisions
of the Authority. The work of
the division is primarily in the
areas of investigation and
analysis. One of the primary
aims of the division is to
expand the
intelligence-gathering
capability of the Authority and
improve the general supervisory
capabilities of the Authority.
The Head of Compliance acts as
the central reporting officer
for the Authority to the
Financial Reporting Unit
regarding any suspicion of money
laundering identified in the
course of the Authority's
supervisory activities. In
addition the division is
responsible for the
dissemination of documents and
information in response to
overseas requests.
The division is responsible for the
supervision, regulation and guidance
of all company managers and trust
companies that do not have a banking
license or banking affiliation. The
division will be working closely
with the Banking division in the
provision of technical support with
regard to on-site inspection. The
Legal Division is responsible for
the provision of advice to the
Board, the Managing Director, and
all the divisions within the
Authority. The division has a
central role in all cases involving
the provision of formal assistance
to overseas regulatory authorities,
and it will provide support on all
aspects of the Authority's
responsibilities to combat money
laundering. The division aims to
ensure that the Authority's
procedures permit it, at all times,
to act within the spirit and to the
letter of the regulatory laws, and
that all laws are kept under review
to ensure that they remain
effective. The division also assists
with civil litigation and drafting
legal documents such as directives,
memoranda of understanding, and
instructions for amendments to
existing legislation, and assists in
the review of applications for
licensing from financial
institutions. The Monetary Authority
is the issuing authority of the
Cayman Islands Dollar which is the
sole legal tender currency in the
Cayman Islands. The Currency
Operations division of the Authority
is responsible for the issue and
withdrawal of notes and coins, which
is done primarily through the seven
local retail banks. The Cayman
Islands Dollar is backed 100% by the
United States Dollar. This takes the
form of local and overseas US Dollar
Investments such as Treasury Notes
and Bills, Certificates of Deposits,
etc. Currency Operations is also
responsible for the issue and
redemption of numismatic coins. The
Authority participates in numismatic
coin programmes which commemorate
significant events locally as well
as internationally. The Policy and
Research Division is responsible for
researching topics relating to the
financial industry and regulation,
and for drafting policy. The
division, for example, analyses
papers and policy statements coming
out of the Basle Committee on
Banking Supervision, on areas such
as capital and risk management and,
if necessary, draft policy relevant
to Cayman's banking industry.
Policy, when formulated, will be
discussed with the industry and then
issued in formal written policy
statements. Through the work of this
division and the issue of formal
policies, the industry will be
informed of the Monetary Authority's
position on a number of key areas
(licensing, capital adequacy, etc.)
The division will also be
responsible for the production of
statistics on Cayman's financial
industry.
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