Financial Services
(Amendment No. 4) (Jersey) Law 2008
A LAW to amend further the Financial
Services (Jersey) Law 1998.
Adopted by the
States 7th November 2007
Sanctioned by
Order of Her Majesty in Council 7th May 2008
Registered by the
Royal Court 16th
May 2008
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
1 Interpretation
In this Law “principal Law” means the Financial Services
(Jersey) Law 1998[1].
2 Article
1 amended
In Article 1(1) of the
principal Law –
(a) the following definitions shall be inserted
in appropriate alphabetical order –
“ ‘Code of Practice’ means a Code of Practice
under Article 19;”;
“ ‘compliance officer’ means a person so
designated, under a Code of Practice, by a registered person and having the
function of monitoring whether the law of Jersey, and the Codes of Practice,
are being complied with in the conduct of the business in respect of which the
registered person is registered;”;
“ ‘key person’ means a person employed or
otherwise engaged by a registered person as an officer of any one or more of
the following classes in relation to the conduct of the business of the
registered person –
(a) compliance
officer;
(b) money
laundering compliance officer;
(c) money
laundering reporting officer;”;
“ ‘money laundering compliance officer’ means
a person employed or otherwise engaged by a registered person to be in charge
of monitoring whether the law of Jersey relating to money laundering is being
complied with in the conduct of the business of the registered person;”;
“ ‘money laundering reporting officer’ means
a person employed or otherwise engaged by a registered person to receive
reports from employees of the registered person in relation to activities that
may constitute money laundering and come to the attention of the employees in
the conduct of the business of the registered person;”;
“ ‘public statement’ means a statement issued
under Article 25;”;
(b) for the definition “relevant
supervisory authority” there shall be substituted the following
definition –
“ ‘relevant supervisory authority’, in
relation to a country or territory outside Jersey, means an authority
discharging in that country or territory any function that is the same as, or similar
to, a function of the Commission;”.
3 Article
4 amended
In Article 4 of the principal Law –
(a) paragraph
(3) shall be deleted;
(b) for
paragraph (4) there shall be substituted the following paragraph –
“(4) An Order or Regulations under
this Article may exclude or modify the effect of the Order or the Regulations
on any other enactment which is expressed to have effect in relation to
financial service business within the meaning of this Law.”.
4 Article
9 amended
In Article 9 of the
principal Law –
(a) for paragraph (3)(d) there shall be
substituted the following sub-paragraph –
“(d) the
applicant or any person employed by or associated with the applicant for the
purposes of the applicant’s business has been convicted of –
(i) an offence
(whether under the law of Jersey or of a country or territory outside Jersey)
involving fraud or other dishonesty,
(ii) an offence
under –
(A) this Law,
(B) the
Banking Business (Jersey) Law 1991[2],
(C) the
Collective Investment Funds (Jersey) Law 1988[3],
(D) the
Insurance Business (Jersey) Law 1996[4],
(E) any
Regulation or Order made under any of those Laws,
(iii) any offence similar to
those listed in clause (ii) under the law of a country or territory
outside Jersey,
(iv) where clause (ii) or
(iii) does not apply, an offence under any enactment (whether of Jersey or of a
country or territory outside Jersey) relating to building societies, companies,
consumer credit, consumer protection, credit unions, friendly societies,
industrial and provident societies, insider dealing, insolvency, insurance,
money laundering or terrorist financing, or
(v) an offence (whether
under the law of Jersey or of a country or territory outside Jersey) of perjury
or conspiracy to pervert the course of justice;”;
(b) in paragraph (3)(e)(iv) the word
“or” shall be deleted;
(c) after paragraph (3)(f) there shall be
inserted the following sub-paragraph –
“;
(g) the
person who is the applicant has failed to comply with a direction given to the
person at any time under Article 16 or 23.”.
5 Article
11 amended
In Article 11 of the
principal Law –
(a) in paragraph (1)(b) after the word
“determined” there shall be inserted the words “by the
Court”;
(b) in paragraph (4) for the word
“increased” there shall be substituted the word
“reduced”;
(c) for paragraphs (6) and (7) there shall be
substituted the following paragraphs –
“(6) An
order under paragraph (4) shall have immediate effect, but any person
aggrieved by the order may apply to the Court to vary or set aside the order.
(7) In
respect of an application under paragraph (4), the Court may make such
order as it thinks fit, and in respect of an application under
paragraph (6), the Court may make such order in respect of the relevant
order under paragraph (4) as it thinks fit.”.
6 New Article
11A
After Article 11 of
the principal Law there shall be inserted the following Article –
“11A Display of registration certificate and
conditions
(1) When
the Commission registers a person under Article 9(1), it may give that
person notice in writing with reasons of the manner in which that person shall
display or otherwise make available to members of the public –
(a) that
person’s registration certificate, or the information contained in the
certificate, or both; and
(b) a
record of such conditions as the Commission may specify –
(i) that are prescribed
under Article 10(1) and apply to that person,
(ii) that are
prescribed under Article 10(1) and apply to the carrying on of financial
service business by that person, or
(iii) that are attached to
the registration of that person under Article 10(2).
(2) Where
the Commission under Article 10(2) amends, varies or substitutes a
condition or attaches any new condition to the registration of that person it
may give that person notice in writing with reasons of the manner in which that
person shall display or otherwise make available to members of the public a
record of the condition as amended, varied or substituted or the new condition,
as the case may be.
(3) The
Commission may at any time amend, vary, substitute or revoke any requirement in
any notice it has given to a person under paragraph (1) or (2) by further
notice in writing with reasons to the registered person.
(4) Without
prejudice to the generality of paragraphs (1), (2) and (3), a notice under any
of those paragraphs may require the certificate, information or record of
conditions, as the case may be, to be displayed at any address at which the
registered person carries on financial service business or to be published on
the internet, or both.
(5) A
notice given under paragraph (1), (2) or (3) shall give particulars of the
rights of appeal conferred by paragraph (9).
(6) A
notice under paragraph (1) shall take effect on such date as is specified
in the notice.
(7) Subject
to paragraph (8), a notice given under paragraph (2) or (3) shall not take
effect before whichever is the latest of the following –
(a) one
month after the notice is given;
(b) such
date as is specified in the notice for it to take effect;
(c) if
an appeal is lodged under paragraph (9), the date when the appeal is determined
by the Court or withdrawn.
(8) Paragraph (7)
shall not have effect if the Commission and person entitled to the relevant
notice agree that it will take effect at a time earlier than that which would
apply under paragraph (7).
(9) Within
one month after a person is given notice under paragraph (1), (2) or (3)
the person may appeal to the Court on the ground that any requirement contained
in the notice is unreasonable having regard to all the circumstances of the
case.
(10) On an
appeal under paragraph (9), the Court may make such interim or final order
as it thinks fit.
(11) A
registered person who carries on financial service business in breach of
requirements in a notice given under this Article which have effect in relation
to that business shall be guilty of an offence and liable to a fine of level 2
on the standard scale.”.
7 Article
13 etc. substituted
For Article 13 of the
principal Law, and the headings associated with Part 3 that are located
immediately before that Article, there shall be substituted the following
headings and Article –
“part 3
SUPERVISION OF FINANCIAL SERVICE BUSINESS
PRINCIPAL PERSONS, key persons AND SHAREholders
13 Objection to
principal persons, key persons or share holdings
(1) Where
it appears to the Commission at any time that, on the information before it,
and having regard to the matters set out in Article 9(3), a person who is
a principal person, or key person of any class, in relation to a registered person
or in respect of whom notice has been given that the person will become such a
principal person, or key person of any class, is not a fit and proper person to
be a principal person, or key person of that class or of any class,
respectively in relation to a registered person, the Commission shall serve on
that person and on the registered person concerned a written notice of
objection, directing that the person shall not continue to be, or shall not
become, a principal person or key person of the relevant class or of any class
(as the case requires), respectively.
(2) Following
receipt of a notice under Article 14(2) or (3) that a person has increased
his or her holding, or is about to do so, or that the person is about to reduce
or dispose of his or her holding, the Commission may serve on that person and
on the registered person concerned a written notice of objection, directing
that he or she shall not continue to have such increased holding, or shall not
increase, reduce, or dispose of the person’s holding, as the case may be.
(3) A
notice of objection served on a person under this Article directing that the
person shall not continue to be a principal person, or key person of a
particular class or of any class, or shall not continue to have an increased
holding shall, subject to paragraph (4), not take effect before –
(a) the
expiration of one month after the notice is given to the person; or
(b) the
date on which an appeal under paragraph (10) against the notice is
determined by the Court or withdrawn,
whichever is the later, unless the person to whom the notice relates
requests that it should take effect at an earlier date.
(4) If,
on the application of the Commission, the Court is satisfied that it is
desirable –
(a) in
the best interests of persons who have transacted or may transact financial
service business with the registered person; or
(b) if
the registered person is carrying on trust company business, in the best
interests of persons who –
(i) have entered into
or may enter into agreements for the provision of services to be provided by
the registered person in the latter’s carrying on of trust company business,
or
(ii) have received or
may receive the benefit of services provided or arranged by the registered
person in the latter’s carrying on of trust company business,
that paragraph (3) should not have effect, or should cease to
have effect in a particular case, or that the period specified in
paragraph (3)(a) should be reduced, the Court may so order.
(5) An
order under paragraph (4) may be made without prior notice to, and without
hearing, the registered person concerned.
(6) An
order under paragraph (4) shall have immediate effect, but any person
aggrieved by the order may apply to the Court to vary or set aside the order.
(7) In
respect of an application under paragraph (4), the Court may make such
order as it thinks fit, and in respect of an application under
paragraph (6), the Court may make such order in respect of the relevant
order under paragraph (4) as it thinks fit.
(8) A
notice of objection shall –
(a) if
served under paragraph (1), specify the reasons for which it appears to
the Commission that the person in question is not fit and proper;
(b) if
served under paragraph (2), specify the reasons for the objection;
(c) draw
the attention of the person in relation to whom, or to whose holding, objection
is taken, and of the registered person, to the provisions of Article 9(3)
and (4), if appropriate;
(d) give
particulars of the rights of appeal conferred by paragraph (10).
(9) Paragraph
(8)(a) and (b) shall not require the Commission –
(a) to
specify any reason that would in the Commission’s opinion involve the
disclosure of confidential information the disclosure of which would be
prejudicial to a third party; or
(b) to
specify the same reasons, or reasons in the same manner, in the case of notices
to different persons about the same matter.
(10) A person
aggrieved by a notice of objection under this Article may appeal to the Court
within one month from the date on which the notice was so served, on the ground
that the decision of the Commission is unreasonable having regard to all the
circumstances of the case.”.
8 Article
14 replaced
In Article 14 of the
principal Law –
(a) for the heading there shall be substituted
the following heading –
“14 Notification of change of
principal person, key person or shareholding”;
(b) for paragraph (1) there shall be
substituted the following paragraph –
“(1) No
person shall become a principal person, or key person of any class, in relation
to a registered person unless –
(a) he
or she has notified the Commission in writing of his or her intention to become
a principal person, or key person of that class, in relation to the registered
person; and
(b) the
Commission has notified him or her in writing that there is no objection to his
or her so becoming such a person in relation to the registered person.”;
(c) in paragraph (3) after the words
“principal person” there shall be inserted the words “or key
person”;
(d) for paragraph (4) there shall be substituted
the following paragraph –
“(4) For
the purposes of paragraphs (1) and (3) a person shall be treated as –
(a) becoming
a principal person, or key person, in relation to a registered person if, being
respectively a principal person in one or more capacities, or a key person of
any class, he or she becomes respectively a principal person in any other
capacity, or a key person of any other class; and
(b) ceasing
to be a principal person or key person in relation to a registered person if,
being respectively a principal person in one or more capacities, or a key
person of any class, he or she ceases to be respectively a principal person in
one or more such capacities or a key person of that class.”;
(e) in paragraph (6) after the words
“principal person” there shall be inserted the words “or key
person”;
(f) in paragraph (7) after the words
“principal person” there shall be inserted the words “or key
person”;
(g) for paragraph (9) there shall be
substituted the following paragraph –
“(9) A
notice given by the Commission under paragraph (1) or (2) that there is no
objection shall lapse if –
(a) the
person concerned does not become a principal person, or key person of the
relevant class, as the case requires; or
(b) the
increase, reduction or disposal, does not take place,
within one year following the giving of the notice by the
Commission.”.
9 Article
15 substituted
For Article 15 of the
principal Law there shall be substituted the following Article –
“15 Failure to notify change
(1) A
registered person who fails to give a notice required by Article 14(3)
shall be guilty of an offence and liable to imprisonment for a term of 6 months
and to a fine.
(2) Any
person who –
(a) fails
to give a notice required by Article 14(1) or (2) or becomes a principal
person, or key person of any class, or increases, reduces or disposes of his or
her holding before having been served with a notice by the Commission under
Article 14(1) or (2), as the case requires; or
(b) becomes
or continues to be a principal person, or key person of any class, or continues
to have an increased holding, or increases, reduces or disposes of, his or her
holding, as the case may be, following service on the person of a notice of
objection under Article 13 in that connection,
shall be guilty of an offence.
(3) A
person shall not be guilty of an offence under paragraph (2) if he or she
shows that he or she did not know of the acts or circumstances by which, as the
case may be, he or she became a principal person, he or she became a key person
of any class, or his or her holding was increased, reduced or disposed of.
(4) Despite
paragraph (3), if the person subsequently becomes aware of the relevant
acts or circumstances, he or she shall be guilty of an offence unless he or she
gives the Commission written notice of the fact that he or she, as the case may
be, has become such a principal person, has become such a key person of any
class or has increased, reduced or disposed of his or her holding, within 14
days of becoming aware of that fact.
(5) A
person guilty of an offence under paragraph (2) or (4) shall be liable to
imprisonment for a term of 2 years and to a fine.”.
10 Article 16
amended
After Article 16(2) of
the principal Law there shall be inserted the following paragraph –
“(2A) The power to give
directions under this Article shall include the power by direction to vary a
direction given under this Article.”.
11 Article 23 amended
For Article 23 of the principal Law there shall be substituted
the following Article –
(1) If
it appears to the Commission in relation to financial service business
that –
(a) any
requirements in relation to the registration of a registered person are no
longer satisfied;
(b) it
is in the best interests of –
(i) creditors of a
registered person,
(ii) persons with whom
a registered person has transacted or may transact financial service business
(other than trust company business),
(iii) persons who have
entered or may enter into agreements for the provision of services to be
provided by a registered person when carrying on trust company business,
(iv) persons who have
received or may receive the benefit of services to be provided or arranged by
the registered person when carrying on trust company business, or
(v) one or more registered
persons;
(c) it
is desirable in order to protect the reputation and integrity of Jersey in
financial and commercial matters; or
(d) it
is in the best economic interests of Jersey,
the Commission may, whenever it considers it necessary, give, by
notice in writing, such directions as it may consider appropriate in the
circumstances.
(2) Without
prejudice to the generality of paragraph (1), a direction under this
Article may –
(a) require
anything to be done or not done, or impose any prohibition, restriction or
limitation, or any other requirement, and confer powers, with respect to any
transaction or other act, or to any assets, or to any other thing whatsoever;
(b) require
that any principal person, key person, or person having functions, in relation
to a registered person be removed or removed and replaced by another person
acceptable to the Commission;
(c) require
that any individual –
(i) not perform a
specified function (or any function at all) for,
(ii) not engage in
specified employment (or any employment at all) by, or
(iii) not hold a specified
position (or any position at all) in the business of,
a specified registered person (or any registered person at all);
(d) require
a registered person or formerly registered person to cease operations and to
wind up its affairs, in accordance with such procedures and directions as may
be specified in the direction, which may provide for the appointment of a
person to take possession and control of all documents, records, assets and
property belonging to or in the possession or control of the registered person
or formerly registered person;
(e) prohibit
the issue, re-issue or continuance of a particular financial service
advertisement;
(f) require
that any particular financial service advertisement be modified in a specified
manner;
(g) prohibit
the issue, re-issue or continuance of financial service advertisements of any
description; or
(h) require
that financial service advertisements of any description be modified in a
specified manner.
(3) A
direction under this Article may be of unlimited duration or of a duration
specified in the notice of the direction.
(4) The
power to give directions under this Article shall include the power by
direction to vary or withdraw any direction, as well as the power to issue
further directions.
(5) A
notice of a direction under this Article shall –
(a) specify
the reasons for the giving of the direction;
(b) specify
when the direction is to have effect;
(c) give
particulars of the provisions of paragraphs (6) and (7); and
(d) give
particulars of the rights of appeal conferred by paragraph (8).
(6) Any
person to whom a direction is given under paragraph (1) may apply to the
Commission to have it withdrawn or varied and the Commission shall withdraw or
vary the direction in whole or in part if it considers that there are no longer
any grounds under paragraph (1)(a) to (d) which justify the direction or
part of the direction concerned.
(7) If
the Commission refuses an application under paragraph (6), or grants such
an application only in part, it shall give notice in writing of that fact to
the applicant.
(8) Any
person aggrieved by a direction given to the person under paragraph (1),
or a refusal to grant an application under paragraph (6), or the granting
of such an application only in part, may appeal to the Court.
(9) Such
an appeal may be made only on the ground that the decision to give the
direction, to make the refusal or to grant the application only in part (as the
case requires) was unreasonable having regard to all the circumstances of the
case.
(10) A
person’s appeal under paragraph (8) shall be lodged with the Court
no later than the day that is one month after the day on which notice was
served on the person of the direction, refusal or grant (as the case requires).
(11) On the
appeal, the Court may make such interim or final order as it thinks fit.
(12) If an
appeal is made under paragraph (8) with respect to a direction that makes
a requirement referred to in paragraph (2)(c) or (d), the direction shall
have no effect until the appeal is determined by the Court or withdrawn.
(13) In other
cases, an appeal made under paragraph (8) with respect to a direction
shall not suspend the operation of the direction.
(14) An
appeal made under paragraph (8) in relation to an application under
paragraph (6) shall not suspend the operation of the direction in
connection with which the application was made.
(15) A person
who fails to comply with any of the provisions of a direction given under this
Article shall be guilty of an offence and liable to imprisonment for a term of
2 years and to a fine.
(16) The
record of the conviction of any person for an offence under paragraph (15)
shall be admissible in any civil proceedings as evidence of the facts
constituting the offence.”.
12 Article 25 replaced
For Article 25 of the principal Law there shall be substituted
the following Articles –
The Commission may
issue –
(a) a public statement with respect to, or
setting out, any direction that the Commission has given under Article 16 or 23;
(b) a public statement concerning a person if
that person appears to the Commission to have failed to comply with a Code of
Practice;
(c) a public statement concerning a person if
that person appears to the Commission to have committed a contravention of any
of the provisions referred to in Article 24(1)(a) to (e); or
(d) a public statement concerning a person if
the Commission believes that the person is carrying on financial service business,
whether in Jersey or elsewhere, and it appears to the Commission to be
desirable to issue the statement –
(i) in the best interests of persons who
have transacted or may transact financial service business with the person, or
(ii) in the best interests of the public.
25A Notice
of public statement
(1) If a public statement identifies any person
who is registered, the Commission shall serve notice on the person.
(2) If a public statement identifies any person
who is not registered, and at any time before the Commission issues the public
statement it is reasonably practicable for the Commission to serve notice on
the person, the Commission shall do so.
(3) A notice under paragraph (1) or (2) shall –
(a) give the reasons for issuing the statement;
(b) give the proposed or actual date of issue of
the statement;
(c) contain a copy of the statement;
(d) give particulars of the right of appeal under
Article 25C in respect of the statement; and
(e) if the statement is issued, in accordance
with a decision under Article 25B(3), before the day specified in
Article 25B(1) in relation to the statement, give the reasons for issuing
it before that day.
(4) Paragraph (3) shall not require the
Commission –
(a) to specify any reason that would in the
Commission’s opinion involve the disclosure of confidential information
the disclosure of which would be prejudicial to a third party; or
(b) to specify the same reasons, or reasons in
the same manner, in the case of notices to different persons about the same
matter.
(5) In this Article and Articles 25B and 25C, a
reference to the identification of a person in a public statement does not
include the identification, in the statement, of the Commission or of any other
person in their capacity of exercising functions under this Law.
(1) If service is required under Article 25A(1)
or (2) in relation to a public statement, the Commission shall not issue the
public statement earlier than the expiration of one month from the date of the
last such service in relation to the public statement.
(2) Paragraph (1) shall not apply
if –
(a) each of the persons identified (within the
meaning of Article 25A) in the relevant public statement agrees with the
Commission that the statement may be issued on a date earlier than the date
that would apply under that paragraph; and
(b) the statement is in fact issued on or after
the earlier date.
(3) Paragraph (1) shall not apply
if –
(a) the Commission decides on reasonable grounds
that the interest of the public in the issue of the relevant public statement
on a date earlier than the date that would apply under that paragraph outweighs
the detriment to the persons identified in the statement, being the detriment
attributable to that earliness; and
(b) the statement is in fact issued on or after
the earlier date.
(4) In making a decision under
paragraph (3), the Commission is not prevented from choosing as the date
of issue of a public statement the date of service (if any) of notice of the
statement.
(5) Despite this Article, if an appeal is made
to the Court under Article 25C(1), and the Court orders that the statement
not be issued before any specified date or event, the Commission shall not
issue the statement before the date or event so specified.
(6) In a case to which paragraph (1)
applies, if an appeal is made under Article 25C(2) to the Court against a
decision to issue a public statement, the Commission shall not issue the
statement before the day on which that appeal is determined by the Court or
withdrawn.
25C Appeals
about public statements
(1) A person aggrieved by a decision of the
Commission under Article 25B(3) may appeal to the Court, in accordance
with this Article, against the decision.
(2) A person aggrieved by a decision of the
Commission to issue a public statement that identifies the person may appeal to
the Court, in accordance with this Article, against the decision.
(3) An appeal under paragraph (2) may be
made only on the ground that the decision of the Commission was unreasonable
having regard to all the circumstances of the case.
(4) A person’s appeal under this Article
shall be lodged with the Court no later than –
(a) if notice is served on the person under Article 25A
in relation to the public statement, the day that is one month after the date of
the last such service on the person in relation to the public statement; or
(b) if no such notice is served on the person,
the day that is one month after the issue of the public statement.
(5) Nothing in paragraph (4) prevents the
lodging of an appeal before a notice is served or a public statement is issued.
(6) On an appeal under this Article, the Court
may make such interim or final order as it thinks fit, including an order that
the Commission not issue the relevant public statement or, if the public statement
has been issued, that the Commission issue a further public statement to the
effect set out in the order or stop making the statement available to the
public.”.
13 Article
32 amended
For Article 32(1) of
the principal Law there shall be substituted the following
paragraphs –
“(1) The
Commission or any duly authorized officer or agent of the Commission may by
notice in writing served on a registered person, formerly registered person, or
a person who is or was a principal person, or key person, in relation to a
registered person or formerly registered person, or any associate of such a
principal person, require the person on whom the notice is served –
(a) to
provide to it or any duly authorized officer or agent of the Commission, at
such time and place as may be specified in the notice, information and
documents of a specified description;
(b) to
attend at such place and time as may be specified in the notice and answer
questions which the Commission or any duly authorized officer or agent of the
Commission reasonably requires the person to answer,
being information, documents or questions relating to –
(i) the
financial service business of the registered person or formerly registered
person concerned;
(ii) the
integrity, competence, financial standing or organisation of that person, of
any person who is or was a principal person, or key person, in relation to the
registered person or formerly registered person, and of any associate of such a
principal person; or
(iii) the
compliance by any of those persons with this Law and any Regulation, Order or
Code of Practice made, or a condition of any grant of registration, or a
direction given under this Law,
which the Commission, or a duly authorized officer or agent of the
Commission, reasonably requires or requires the person to answer for the
performance of the Commission’s functions under this Law.
(1A) Where by
virtue of paragraph (1) the Commission or any duly authorized officer or
agent has power to require the provision of any information or documents from
any person mentioned in that paragraph, the Commission, that duly authorized
officer or agent shall have the like power to require the provision of such
information or documents from any person who appears to be in possession of
them.
(1B) Where any
person from whom provision is required under paragraph (1A) claims a lien
on documents produced by that person, the provision shall be without prejudice
to the lien.”.
14 Article 38
amended
For Article 38(1)(d)
of the principal Law there shall be substituted the following
sub-paragraphs –
“(d) to
a person by the Commission showing whether or not any person is registered
under this Law, including any conditions which are attached to the registration
of that person under Article 10(2);
(da) by the
Commission, or any person on its behalf, to the public of the name
of –
(i) a director of a
company that carries on investment business and is registered under this Law,
(ii) a director of a
company that is a partner in a partnership that carries on investment business
and is registered under this Law,
(iii) a person employed under
a contract of service or a contract for services by a person that carries on
investment business and is registered under this Law, such an employee being so
employed as –
(A) a dealer,
(B) a
discretionary investment manager,
(C) an
adviser, or
(D) a
supervisor;”.
15 Article 40
substituted
For Article 40 of the
principal Law, there shall be substituted the following Article –
(1) No
notice or other document required by this Law to be given to the Commission
shall be regarded as so given until it is received.
(2) Subject
to paragraph (1), any notice or other document required or authorized by
or under this Law to be given to the Commission may be given by facsimile,
electronic transmission or by any similar means that produces a document
containing the text of the communication in legible form or is capable of doing
so.
(3) Any
notice, direction or other document required or authorized by or under this Law
to be given to or served on any person other than the Commission may be given
or served on the person in question –
(a) by
delivering it to the person;
(b) by
leaving it at the person’s proper address;
(c) by
sending it by post to the person at that address; or
(d) by
sending it to the person at that address by facsimile, electronic transmission
or other similar means that produces a document containing the text of the
communication in legible form or is capable of doing so.
(4) Any
such notice, direction or other document may –
(a) in
the case of a company incorporated in Jersey, be served by being delivered to
its registered or principal office;
(b) in
the case of a partnership, company incorporated outside Jersey or
unincorporated association, be given to or served on a person who is a
principal person in relation to it, or on the secretary or other similar
officer of the partnership, company or association or any person who purports
to act in any such capacity, by whatever name called, or on the person having
the control or management of the partnership business, as the case may be, or
by being served on the person or delivered to the person’s registered or
administrative office.
(5) For
the purposes of this Article and of Article 7 of the Interpretation
(Jersey) Law 1954[5] in its application to this Article, the proper address of any
person to or on whom a notice, direction or other document is to be given or
served by post shall be the person’s last known address, except that –
(a) in
the case of a company incorporated in Jersey, or its secretary, clerk or other
similar officer or person, it shall be the address of the registered or
principal office of the company in Jersey; and
(b) in
the case of a partnership, or a person who is a principal person in relation to
a partnership, it shall be that of its principal office in Jersey.
(6) If
the person to or on whom any notice, direction or other document referred to in
paragraph (3) is to be given or served has notified the Commission of an
address within Jersey other than the person’s proper address within the
meaning of paragraph (5), as the one at which the person or someone on the
person’s behalf will accept documents of the same description as that
notice, direction or other document, that address shall also be treated for the
purposes of this Article and Article 7 of the Interpretation (Jersey) Law
1954 as the person’s proper address.”.
16 Article 42
amended
For Article 42(3) and
(4) of the principal Law there shall be substituted the following paragraphs –
“(3) An
Order or Regulations made under this Law may contain such transitional,
consequential, incidental or supplementary provisions as appear to the Minister
or States (respectively) to be necessary or expedient for the purposes of the Order
or Regulations.
(4) The
power to make Orders, or the power to make Regulations, under this Law may be
exercised –
(a) either
in relation to all cases to which the power extends, or in relation to all
those cases subject to specified exceptions, or in relation to any specified
cases or classes of case; and
(b) so
as to make, as respects the cases in relation to which it is exercised –
(i) the full
provision to which the power extends or any lesser provision (whether by way of
exception or otherwise),
(ii) the same
provision for all cases in relation to which the power is exercised, or
different provision for different cases or classes of case, or different
provision as respects the same case or class of case for different purposes of
the Order or Regulations,
(iii) any such provision
either unconditionally or subject to any specified condition.”.
17 Citation and
commencement
(1) This
Law may be cited as the Financial Services (Amendment No. 4) (Jersey) Law
2008.
(2) This
Law shall come into force 7 days after it is registered.
a.h. harris
Deputy Greffier of the States