Banks, Collective Investment Schemes, Insurance Companies and Pension Providers

Banks

The Financial Supervision Commission determines applications for banking licences and supervises the activities of banks.

Two kinds of banks may be licensed:

  • ‘Domestic banking institutions’, which must (under present policy) be subsidiaries or branches of banks set up in other jurisdictions.
  • ‘Offshore managed banks’ - where a domestic banking institution is appointed the bank’s manager in the Isle of Man.

There is a depositors’ protection scheme for the compensation of depositors in Isle of Man banks.

The scope of this website precludes giving detailed information on the application for a banking license. To maintain the Island’s high reputation in this area, the licensing procedure is carried out thoroughly and quarterly returns and audited accounts are required to be submitted to the Financial Supervision Commission.

Collective Investment Schemes

Collective Investment Schemes (and other investment businesses) are also supervised by the Financial Supervision Commission. There are regulations relating to the constitution and management of schemes, the powers and duties of the operator and trustee and the rights and obligations of the participants.

There are, broadly, five classes of schemes:

  • an ‘authorised’ scheme;
  • an ‘international’ scheme - which may not be promoted or advertised in the Isle of Man;
  • an ‘international restricted’ scheme - which may or may not be promoted or advertised in the Isle of Man, which has fewer than fifty participants and which is not open to the public;
  • a ‘professional investor fund’ - aimed at professional investors or ‘high net worth’ individuals; and
  • an ‘experienced investor fund’ - aimed at experienced investors but lacking some of the restrictions applying to a professional investor fund.

Insurance Companies

The insurance market is carefully regulated and consists of the local market for normal insurance risks and the offshore captive insurance and reinsurance market.

Insurance activities are supervised by the Insurance and Pensions Authority. Detailed information on the making of an application to carry on insurance business is outside the scope of this website. The details of requirements for applications for licenses vary slightly according to the nature of the business sought to be carried out and a licence specifies the authorised class(es) of business.

Quarterly returns and audited accounts must be provided to the Insurance Supervisor. A statutory policyholders’ compensation scheme has been established.

Pension Providers

A ‘light touch’ regulatory environment has been created in relation to the establishment and operation of international occupational pension schemes. The regulation focuses on the trustee and the manager rather than the schemes themselves.

A proposal document has been launched in the Isle of Man which is designed to provide greater flexibility in the provision of pension schemes for the benefit of both residents and non-residents. Key aspects of the document include:

  • The purchase of annuities for a personal pension will be a choice not a statutory rule;
  • Changes as to how funds can be withdrawn;
  • The extension of investments permitted by a scheme which may include property;
  • An increase in the possible lump sum withdrawn to 30% of the scheme and removing the maximum amount of £150,000 available for withdrawal;
  • Increase in the annual contributions allowance to £300,000 reviewed annually.