Trust Companies

Overview

A new suite of Trust legislation was enacted in the Turks and Caicos Islands (TCI) on September 15, 2016, replacing the Trusts Ordinance 1990 and The Trustees Licensing Ordinance 1992. The new suite of legislation includes:

• Trusts Ordinance 2016
• Trust Companies (Licensing and Supervision) Ordinance 2016
• Trust Companies (Regulations) 2016
• Trust Companies Code 2016

Regulation of Trust Companies

Pursuant to section 4 of the Financial Services Commission Ordinance, Turks and Caicos Islands Financial Services Commission “(the Commission”), responsible for the supervision and regulation of financial services businesses in the TCI. In addition, section 8 of the Trust Companies (Licensing and Supervision) Ordinance 2016 gives the Commission the authority to regulate the trust industry in the TCI.

Licensing of Trustees and Application Process

The Trust Companies (Licensing and Supervision) Ordinance 2016 provides for restricted and unrestricted licences to be granted.

Restricted licences are issued subject to the provision that the trustee only acts on behalf of a named trust or trusts. Unrestricted licensees are not subject to this provision.

All applications for licensing should be submitted to the Commission. Applications should follow the criteria set out in Trust Companies Code 2016 and the Commission’s Trust License Application form.

Applicants must satisfy the Commission that they or their management are fit and proper in all respects to act as a trustee.

Trust Law Advisory Committee

A Trust Law Advisory Committee (TLAC) has been established pursuant to section 59 of the Trust Companies (Licensing and Supervision) Ordinance 2016. The TLAC, consisting of members of the Turks and Caicos Islands Association of Licensed Trustees and the Commission, was created to facilitate collaboration and regular dialogue in an effort to keep the Trust Law and Regulation of the Islands under regular review.

For further information, please contact the Bank and Trust department at The Banking Department

Trusts Main Licensing Conditions

• Capital Requirement – fully paid-up share capital of $250K
• Statutory Restricted Deposits – $100k
• Business plan

Personnel who qualify under the Fit and Proper Guidelines.

Main Filing Requirements

A trust licensee must submit to the Commission:

• Audited Financial Statements;
• Auditor’s Report and Management Letter
• Annual Directors’ certificate;
• Semi-annual Prudential Returns;
• Annual compliance report;
• Internal Audit reports;
• Evidence of professional indemnity insurance