Financial Services (Financial Service Business) (Amendment No. 2) (Jersey) Order 2017
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Financial Services
(Financial Service Business) (Amendment No. 2)
(Jersey) Order 2017
Made 10th March 2017
Coming into force 10th
April 2017
THE CHIEF MINISTER, in pursuance of Articles 8(2) and 42 of the Financial Services
(Jersey) Law 1998[1], and on the recommendation of the
Jersey Financial Services Commission orders as follows –
1 Schedule amended
In the Schedule to the Financial Services
(Financial Service Business) (Jersey) Order 2009[2], in Part 2 for the
entry relating to class O there is substituted the following entry –
“O
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(1)
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Providing a service specified in Article 2(4)(a), (e), (f) or
(i) of the Law (‘the specified service’)
to a person who is –
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2(3) and 2(4)
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(a)
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an individual ordinarily resident in Jersey; or
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(b)
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a company incorporated under the Companies (Jersey) Law 1991[3] all the beneficial owners
of which are –
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(i)
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individuals ordinarily resident in Jersey,
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(ii)
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companies incorporated under that Law the beneficial owners of
which are all individuals ordinarily resident in Jersey, or
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(iii)
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both such individuals and companies,
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where the
provision of the specified service to that person by the provider does not
require the provider to handle or control the person’s trust company
business assets except as a necessary result of providing the specified
service.
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(2)
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The provider of a specified service registered in this class –
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(a)
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before the commencement of paragraph (1) but which, on its
commencement, does not meet its requirements, is nevertheless treated as
continuing to meet them –
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(i)
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until 6 months have elapsed from the date of such
commencement, or
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(ii)
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if an application for registration in a class specified in this
Part other than class O has not been finally determined at the expiry of
that period, until it is so determined;
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(b)
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on or after the commencement of paragraph (1) is treated as
continuing to meet its requirements until 3 months after the day on
which the provider could have been expected, with reasonable diligence, to
discover that the service no longer meets those requirements or, if an
application for registration in a class specified in this Part other than
class O has been made within that 3 month period but not finally
determined at the expiry of that period, until it is so determined.
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(3)
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For the purposes of paragraph (2), an application has been
finally determined when –
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(a)
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the period for appealing against the determination has ended
without an appeal being brought; or
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(b)
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if such an appeal
has been brought, it has been determined by the Court or withdrawn.”.
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2 Citation
and commencement
This Order may be cited as
the Financial Services (Financial Service Business) (Amendment No. 2)
(Jersey) Order 2017 and shall come into force one month after the day on
which it is made.
senator i.j. gorst
Chief Minister
Page Last Updated: 11 May 2017