2026-01-01
The Financial Services Commission, with ministerial approval, issued these regulations to establish mandatory registration and licensing frameworks for superannuation funds, retirement schemes, trustees, administrators, investment managers, and responsible officers. The rules impose strict operational conditions, including capital adequacy, professional indemnity insurance, fit-and-proper criteria, and detailed application procedures across multiple categories. Furthermore, they mandate comprehensive periodic reporting, requiring audited financial statements, certified financial returns, annual reports, and quarterly fund status submissions within specified deadlines, while outlining clear protocols for business discontinuation and transitional compliance.
PENSIONS (SUPERANNUA TlON FUNDS AND RETIREMENT SCHEMES) (REGISTRATION, 49 LICENSING AND REPORTING) REGULATIONS, 2006 THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) ACT REGULATIONS (under section 58) THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION, LICENSING AND REPORTMG) REGULATIONS, 2006 (Made by the Financial Services Commission and approved by rhe Minister on the 13th day of March, 2006) PART I. Preliminary
THE PENSIONS (SIJPERANNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION, LICENSING AND REPORTING) REGULATIONS, 2006 "scheme" means an approved retirement scheme; "Pooled Funds" means Type I Pooled Funds or Type I1 Pooled Funds; "Type I Pooled Funds" means an investment fund with the sole purpose of investing the assets of more than one fund or scheme established and operated by licensed investment managers which - (a) does not hold any investment or security that would under the Act or regulations made thereunder be deemed ineligible or prohibited for a fund or scheme; (6) is not a party to or engaged in a transaction that is prohibited for a fund or scheme under the Act or regulations made thereunder; "Type I1 Pooled Fund" means an open-ended investment fund, mutual fund, collective investment scheme or unit trust and any investment fund, other than a Type I Pooled Fund. Part 11. Registration and Licensing Application 3.41) An application for registration or licensing, as the case may be, of an individual or entity in any of the categories specified in paragraph (2) shallFirst Schedule Forms l to 5. Founh Schedule. (a) be in the appropriate form set out in Forms 1 to 5 in the First Schedule; (b) be accompanied by the relevant fee specified in the Fourth Schedule and the documents and information specified in the relevant application form; and (c) contain such other information as the Commission may require. (2) The categories referred to in paragraph (1) are- (a) approved superannuation fund; (b) approved retirement scheme; (c) trustee; (d) administrator; (e) investment manager; V) responsible officer. Conditions for Registration and Licensing Conditions for 4-41) The Commission shall refuse to register a superannuation fund or funds and schemes. retirement scheme if- [The i~lclusio~i of this page is authorized by L.N. 17/2009]
THE PENSIONS (SUPERANNUATION FUNDS AND RETJREMENTSCHEMES) (REGISTRATION, LICENSING AND REPORTING) REGULATIONS, 2006 the name of the superannuation find or retirement scheme, as the case may be, is so similar to the name of another find or scheme as to be likely to cause confusion, and a request by the Commission for a change of the name of the superannuation fund or retirement scheme has not been complied with within thirty days of tht Commission's request; the superannuation fund's or retirement scheme's constitutive documents do not appear to the Commission to comply with the Second requirements specified in the Second Schedule and other XI,C~UI~ requirements of the Act and regulations made thereunder; (c) being a public fund, it does not satisfy the conditions specified in paragraph (2) (2) The conditions referred to in paragraph (1) (c) are that the find- (a) prior to the 1st day of March, 2005, was a public fund which was approved as a superannuation fund under the Income Tax Act; (b) in respect of persons who joined the fund prior to the 1st day of March, 2005 and no other category of persons, was exempted by the Minister from the application of section 13 (2) (6) (p) of the Act; (c) hrnished with its application for registration evidence of the matters specified in sub-paragraphs (a) and (b). 5.-41) A person shall not act as the sponsor of a scheme unless he is a Fp",","2rfor registered life insurer or licensed investment manager. (2) The persons that sell or otherwise distribute contracts under the Master Trust Deed of the retirement scheme shall be dealer's representatives or sales representatives whe (a) are duly registered under the Securities Act or the Insurance Act, as the case may require; (6) are fit and proper persons for the purpose of selling and distributing such contracts; (c) if required, for the purpose of engaging in such sales or distribution, to pass any examinations or participate in any training, have passed the examinations and completed the training. 6. The Commission shall not grant registration as a trustee- (a) to an applicant who is the actuary or auditor of the fund or scheme concerned; (b) to a body corporate unlessConditions for fnastea. [The inclusion of this page is authorized by L.N. 17/2009]
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENTSCHEMB) (REGISTRATION, LICENSING AND REPORTING) REGULATIONS, 2006 (i) each covered person satisfies the fit and proper criteria prescribed under the Act in relation to an individual applying to be a trustee; and (ii) its incorporation documents if applicable include a provision permitting the company to be a trustee of a fund or scheme. Conditions for investment 7.-(1) The Commission shall not license a company as an investment managersand manager or administrator unless- admitiislra~ors (a) the incorporation documents of the applicant, where applicable, permit the company to carry on investment management or administration, as the case may be, of superannuation funds or retirement schemes, where applicable; (b) the applicant is solvent with a capital base that exceeds the amount (if any) specified in paragraph (2) and is likely to continue to be so solvent: (c) the applicant has and will have professional indemnity and fidelity guarantee insurance that exceeds the limits (if any) specified in paragraph (2); (d) the employees of the applicant have passed such examinations or participated in such training as may be required by the Commission; (e) the employees of an applicant for administration of a fund or scheme are otherwise qualified, knowledgeable and capable of carrying on the efficient administration of the fund or scheme. (2) For the purpose of paragraph (1) (b) and (c), the respective amounts and limits, if any, are as specified hereunder or such other amounts or limits as the Commission may by notice publish in the Gazette prescribeAdministrator Investment Manager Professional $5 million $ 5 million Indemnity Fidelity None $10 million Guarantee. Condll~ons for respons~ble omcer 8. The Commission shall not grant the registration of an individual as a responsible officer unless he- [The i~iclusioli of this page is autllorized by L.N. 17/2009]
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREh4ENT SCHEMES) (REGISTRATION, LICENSING AND REPORTING) REGULATIONS, 2006 (a) is a member of the senior management of the company concerned; and (b) satisfies the fit and proper criteria prescribed under the Act for carrying on the functions as a responsible officer. Certificates and Licenses 9. Certificates granted and licences issues under the Act shall be in the z,";;',esand appropriate form set out in Forms 9 to 14 in the First Schedule. llcenses Firs1 Schedule Fortnr 9 lo 14 10.--(I) If a trustee or responsible officer resigns, dies or otherwise ceases 2;:;; to be the trustee or responsible officer, as the case may be. the trustee, rcuislration responsible officer or in the case of death or incapacity, the board of directors or board of trustees of the fund or scheme shall- (a) notify the Commission in writing with seven days, giving the date of such cessation and the reasons therefor; and (b) surrender his certificate of registration. Registers 11. The Commission shall cause to be kept in the appropriate form set out ~e~~~~~ in Forms 15 to 20 in the First Schedule, registers of- Formr IS lo 20 (a) approved superannuation funds; (6) approved retirement schemes; (c) registered trustees; (6) licensed investment managers; (e) licensed administrators; \ 1, V) registered responsible officers. Part 111. Reporting Requirements 12.-41) Withid one hundred and twenty days after the end of a fund's plan ~;;drcpOns~ year, the fund shall file with the Commission the following reports for that plan year, namely- (a) Certified Financial Return, in the firm set out as Form 6 in the First :::' Schedule; Schedule (b) financial statements, which shall be audited, unless- [The inclusion of this page is authorized by L.N. 17/2009]
THE PENSlONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION, LICENSING AND REPORTING) REGULATIONS, 2006 Scheme reports, ac First Schedule Form 6. Third Schedule Corporate ~ruslcc's repon. nc (i) the fund meets the criteria specified in paragraph (3); and (ii) the preparation of audited financial statements is not a requirement imposed by the find's constitutive documents. (2) Within nine months after the end of its plan year, the fund shall file with the Commission the prescribed annual report. (3) The criteria referred to in paragraph (1) (b ) (i) are that- (a) there are fewer than one hundred active members or such other number as the Commission may, by notice publish in the Gazette, specify, and the total fair value of the assets is less than seventy-five million dollars of such other amount as the Commission may, by notice publish in the Gazette, specify; and (6) all funds are held either on the account of investment managers or in Type I Pooled Funds of investment managers, and accordingly, the limit on the fair value of assets shall be adjusted for each calendar year by the rate of consumer price inflation applicable to the preceding calendar year. 13.--(I) Within one hundred and twenty days after the end of a scheme's plan year, the scheme shall file with the Commission, the following reports and documents for that plan year- (a) Certified Financial Return, in the form set out as Form 6 in the First Schedule; (b) audited financial statements; (c) its information folder, in accordance with the requirements of the Third Schedule; (4 a list of the names of the persons that sell or otherwise distribute the scheme's contracts under the scheme's Master Trust Deed and their registration number issued by the Commission consequent upon being registered or licensed under the Securities Act or the Insurance Act. (2) Within nine months after the end of its plan year, the scheme shall file with the Commission the prescribed annual report. 14. Within one hundred and twenty days after the end of a corporate trustee's financial year, it shall file with the Commission, for the financial year, its- [The inclusion of this page is authorized by L.N. 17/2009]
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENTSCHEMES) (REGISTRATION, LICENSING AND REPORTING) REGULATIONS, 22006 (a) annual report containing audited financial statements; and (b) certification of tax compliance covering that financial year 15-41) Within one hundred and twenty days after the end of an t;:r:; investment manager's financial year, it shall file with the Commission for repon.e1c. that financial year, its- (a) annual report containing audited financial statements; (b) certification of tax compliance covering the last financial year; (c) evidence of the renewal of professional indemnity and fidelity guarantee insurance that exceeds the amounts prescribed in regulation 7; and (4 certificate signed by the responsible officer, a director, company secretary and chief financial officer stating that the investment manager has fulfilled such capital and solvency requirements as may be prescribed in regulation 7. (2) The investment manager shall file with the Commission quarterly Fund Status Reports, within sixty days after the end of each calendar quarter, in the form set out as Form 7 in the First Schedule. First Schedule Form 7 16. Within one hundred and twenty days after the end of an $~~~;"'"''" administrator's financial year, it shall file with the Commission for that financial year, its- (a) annual report containing audited financial statements; (b) Administrator's Return, in the form set out as Form 8 in the First FO~S. Schedule; (c) certification of tax compliance covering the last financial year; (d) evidence of the renewal of professional indemnity insurance that exceeds the limits prescribed in regulation 7; (e) certificate signed by the responsible officer, a director, company secretary and chief financial officer stating that the company has fulfilled the solvency requirements, if any, prescribed in regulation 7. 17. A registrant or licensee shall, within fourteen days after any change in f{pn3y: any of the particulars included in an application made pursuant to these pnniculars regulations, report to the Commission in writing, giving full details of the change including the date and reasons for the change. [The inclusion of this page is authorized by L.N. 1712009]
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION, LICENSING AND REPORTING) REGULATIONS, 2006 Discontinuation of Business Discon'inuaionby 18,-(1) Where an investment manager or administrator intends to investment manager. discontinue operations as an investment manager or administrator for admi~iistralor approved superannuation funds or approved retirement schemes, it shall- (a) with fourteen days after the decision, notify the Commission in writing thereof and of the proposed effective date of discontinuance; (b) not later than ninety days before the effective date of discontinuance, provide audited accounts of its investment management or administration business, as the case may be, to the Commission for the period ending not earlier than three months prior to the decision to discontinue operations; (c) not later than one hundred and twenty days before the effective date of discontinuance, nor later than fourteen days after notification to the Commission under sub-paragraph (a) cause to be published in the Jamaican and overseas editions of a national daily newspaper, a notice (i) that it has given written notice to the Commission pursuant to sub-paragraph (a); (ii) calling upon all claimants, contingent and actual, to announce their claims to the Commission in writing within three months of publication of the notice as aforesaid; (d) not later than ninety days before the effective date of discontinuance- (i) file a list with the Commission of all outstanding amounts owed to schemes or funds or their members or beneficiaries; and (ii) submit to the Commission for approval, a plan approved by the Board of Directors by which its investment management or administration business of schemes and finds will be transferred to another investment manager or administrator, as the case may be; (e) no later than two days before the effective date of discontinuance, return to the Commission its licence granted under the Act, accompanied by a certificate from its board of directors verifying that the investment management or administration business, as the case may be, has been fully and satisfactorily transferred to another investment manager or administrator named therein. (2) The Commission may refuse to approve the plan proposed under paragraph (1) (6) (ii), giving reasons for such refusal and may direct the investment manager or administrator, as the case may be, to make such changes to the plan as the Commission deems necessary. [The ioclusio~i of this page is authorized by L.N. 17/2009]
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENTSCHEMES) (REGISTRATION. LICENSING AND REPORTING) REGULATIONS. 2006 PART IV. Fees 19. In additional to fees specified herein in respect of registration and O'h"fe'" licensing, fees payable for other services shall be as set out in the Fourth Founh Schedule Schedule. PART V. Transitional 20.--(I) Superannuation funds, retirement schemes, administrators and Tmwi'iOna' investment managers which have applied under the Act for registration or licensing, as the cause may be, shall, pending approval of their application, be required as a condition of registration or licensing to comply with the reporting requirements of Part 111 of these Regulations as if they had been already registered or licensed, as the case may be. (2) References to hnds or schemes in reports from administrators and investment managers shall be regarded as including superannuation funds or retirement schemes which have applied for registration under the Act, but have not yet been registered nor been refused registration. [The inclusion of this page is authorized by L.N. 17/2009]
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION. LICENSING AND REPORTING) REGULATIONS, 2006 FlNAYCIAL FIRST SCHEDULE (Regulations 4,10,12-14,16 and 17) SERVICES CoYMlSSloY FORM 1 Application Number: (For official use only) THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) ACT, 2004 The Pensions (Superannuation Funds and Retirement Schemes) (Registration, Licensing and Reporting) RegulaUons, 2006 APPLICATJON FOR REGISTRATION OF A SUPERANNUATION FUNDmETIREMENT SCHEME [The inclusion of this page is authorized by L.N. 17/2009] 1 2(n) (b) (c) (d) (e) 3 4 5 6 7 8 Superannuation FundrRetirement Scheme Name: ---------------------------------------------------------------------------------------------------.----- ----------------------------..--------------------------------------------------------------- Type of FundIScheme: Defined Benefit [ ] Defined Contribution [ ] Does the plan providc for mandatory sponsor contributions by law? Ycs [ ] No [ ] Is the plan a Specified FundlScheme? Yes [ ] No [ ] Do self employed or persons in non pensionable posts contribute to the plan? Yes [ ] No [ ] Is the plan a public fund? Yes [ ] No [ ] Effective Date of FundlScheme: [dd/mrn/yyyy] FundIScheme Year End Date: [ddlmm] SA ~e~istration Number: Number of members at inception or active members at the date of application if later: Number of pensioners at date of application, if not a new fundtscheme: If not a new fund or scheme, what is the status of the fund or scheme?(See page 17) Active Open ("AO) [ I Active Closed ("AC") [ 1 Inactive ("LA") [ 1 Transferred ("TR") [ 1
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION, LICENSING AND REPORTING) REGULATIONS, 2006 FIRST SCHEDULE, contd. [The inclusion of this page is authorized by L.N. 17/2009] 9 A SPONSOR I) Name of fim~: 2) Industry sector: 3) Name of Managing Director: 4) Address of principal office in Jamaica where service of notice may be effected: 5) Mailing Address (if different from above): 6) Date of participation [dd/mm/yyyy] 7) TRN: S) Tel No: 9) Fax No: 10) E-mail itddrcss: (Retirement Scheme Only) I) FSC Registration No: 2) Date Issued: 3) Indicats, ns applicable, wlrerc in your incorporation docurncnls you arc pcnniltcd to carry out the functions with regards to this application: Articles of Incorporation I Olhcr Section 4) How will any other business carried on by you be separated from the business in respect of which this application is made? ....................................................................................................................... ....................................................................................................................... ....................................................................................................................... ..................................................................................................................... ......................................................................................................................
THE PENSIONS (SUPER4NNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION, LICENSING AND REPORTING) REGUWTIONS, 2006 10 A 10 l3 [The inclusion of this page is authorized by L.N. 17/2009]. TRUSTEES I) N;~nie of trustee: ............................ ...... ...... .. 2) Address:. ..................... ............................................................................. ................................................................................................................ ............................................................................................................... 10 C 3) Type of Trustee: Individual: Member [ ] Sponsor [ ] Pensioner [ ] Corporate: Memhcr [ 1 Sponsor ( 1 Pensioner [ 1 5) FSC Registration No. TRUSTEES
THE PENSIONS (SUPEMNNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION. LICENSING AND REPORTING) REGULATIONS. 22006 FIRST SCHEDULE, contd. 11 A 11 B ............................................................................................................ I I 2) Address: ADMINISTRATOR
THE PE.YSI0NS (SUPERANNUATION FUNDS AND RETIREdbfE,VTSCfIEMES) (REGISTRATION, LICENSING AND REPORTING? REGUU TIONS. 2006 FIRST SCHEDULE, contd. INVESTMENT MANAGER
THE PENSIONS (SUPER4 NNUATION FmDS AND RETIREMENT SCHEMES) (REGISTRATION, LICENSING AND REPORVNG) REGULATIONS, 22006 FIRST SCHEDULE, contd. 13 , PROFESSIONAL ADVISERS A AUDITOR
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION, LICENSING AND REPORTING) REGULATIONS, 2006 FIRST SCHEDULE, contd. 14 1 PROFESSIONAL ADVISERS B ACTUARY
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION. LICENSING AND REPORTING) REGULATIONS, 2006 15 1 FINANCIAL INSTITUTIONS -- I I Give details of institutions with which you currently transact or intend to transact pension business: I) Nameofhstitution ................................................................................................ 2) Address of Head Ofice (in Jamaica) 3) NamcofBranch: ................................................................................................. 4) AddressofBranch:(ifdiffmntGornabove) ...................................................................... ............................................... '............................I..................(....as........ .... 5) TeI No: 6) Fax No: 7) E-mail address:
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION, LICENSING AND REPORTING) REGULATIONS. 2006 FIRST SCHEDULE, contd. ('The inclusion of this page is autliorized by L.N. 17120091 16 1 DOCUAXENTATION (please tick to confirnr docume~lts are enclosed) Tick -, I 2 3 4 5 6 7 8 9 10 I1 RETlREhIENT SCHEhlE with effective dates BEFORE Mare11 1,2005: Two copies of the constitutive documents of the scheme. (If approval From the Taxpayer Audit and Assessment Department has not been received, the original and copy .Master Tmst Deed, the original and copy rules and any other constitutive documents must be submitted.) A schedule, showing where the conditions set forth in Sections 14 (1) (b) and 14 (3) of the Act appear in these documents; must be attached. Individual Contracts issued under the scheme Members' Handbook, a written exp~anation of all the provisions of the scheme and any applicable amendments thereto Business plan for the next (hrb years Information Folder Letter hm'thaaxpayer Audit and Assessment Department approving the scheme and giving SA reference number Annual audited Financia1 Statements for the last three completed scheme years Sample forms and any relevant contractual documents that a prospective member will be required to sign in order to join or to remain a member of the scheme. Marketing circulars and documents that will be used to market or advertise the scheme. A list of the names of the persons that sell or otherwise distribute the scheme's contracts under the scheme's Master Trust Deed and their FSC registration numbers Application fee
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION, LICENSING AND REPORTING) REGULATIONS, ZOO6 FIRST SCHEDULE, contd. 17 1 DOCUMENTATION (Please tick to it~dicatc ~vlticlt documents are enclosed) I RETIREMENT SCHEhlE wit11 effective dates ON or AFTER hlatcb 1,2005: Tick I I An original and copy of each constitutive document of the scheme. A schedule, sliowing I where the conditions set fonh in Sections 14 (l)(b) and 14 (3) of the Act appear in these documents. must be attached I 2 I Individual Contrasts to be issued under the scheme I l3 I Members' Handbook; a written explanation of all the pmvjsions of the scheme; and any applicable amendments thereto 4 Business plan for the next three years I I Marketing circulars and documents that will be used to market or advertise the scheme. I 5 6 Information Folder Sample forms and any relevant contractual documents 1hat.a prospective member will be required to sign in order to join or to remain a member of the scheme. [The inclusioll of this page is authorized by L.N. 17/2009] 8 9 A list of the names of the persons that sell or otherwise distribute the scheme's contracts under the scheme's Master Trust Deed and their FSC ngis,trafion numbers Application fee
1 2 3 4 5 7 Two copies of the constitutive documents of the superannuation fund. (If approval from the Taxpayer Audit and Assessment Department has not been received, original and copy Trust Deed, Rules and any other corl~titutive documents must be submitted) A schedule, showing where the placement of the conditions set forth in Section 13 (2) of the Act appcar in thesc documents, must be attached Mcmbcn' Handbook; a written explanation of all the provisions of thc fund; and any applicable amendments thereto Lener £mm the Taxpayer Audit and Assessment Department approving the superannuation fund and giving,SAnfmnce number Most recent formal Actuarial Valuation report, the effective date of which is within three years of the date of application. Annual audited Financial Statements for the last three completed plan years Application fee If a public fund: i. evidence of approval as such under the Income Tax Act ii. Evidence of exemption from section 13(2)(d) and (p) of the Pensions (Superannuation Funds and Retirement Schemes) Act, 2004 granted by the Minister
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION, LICENSING AND REPORTING) 'REGULATIONS, 2006 19 1 DOCUMENTATION (cont'd) DOCUMENTATION (Please tick to confirm document has beeu attached.) I For SUPERANNUATION FUNDS with effective dates ON or AFTER March I, 2005. i2 i Members1-Handbook; a written explanation of all the provisions of the superannuation fund; and any applicable amendments thereto. Tick If thc superannuation fund is a defined benefit plan, formal Actuarial Valuation, thc effective date of which must be the same as the effective date of the superannuation fund. I 1 20 1 CERTIFICATES REQUIRED An original and copy Trust Deed duly stamped and original and copy Rules as well as any other constitutive documents of the superannuation fund. A Ahedule, showing where in these documents, information indicating compliance with the conditions set forth in Section 13 (2) of the Act appears must be attached. 4 2 3 4 5 6 7 8 9 10 Other Application is being made for : copies of the catifisate of Registration ? Application Fee [The inclusion of this page is authorized by L.N. 17/2009]
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION, LICENSING AND REPORTING) REGULATIONS, 2006 FIRST SCHEDULE, contd. 21 I CERTIFICATION As part of the application for rrpptoval of the supet'induation fund or retirement scirrFne the Quorum of trustee is required to certify that tbe constitutive documents of the superannuation fund or retirement scheme comply wlth the Pensions (Supemnuation Funds and Retirement Schemes) Act, 2004 and reguladons thereunder. We, ..................................................................................................... the trustees of ............................................................................................................................. hereby certify that the Trust Deed wd Plan Rules or tha Master Trust Deed nnd ull oUlcr constitutive documents of the superannuation fund or retirement scheme comply with the Pensions (Syerannuation Funds and Retirement Schemes) Act, 2004 and regulations thereunder. Signature: ................................................ Witnessed by: .......................... Name: ...................................................... TitlJPosition: ...................... ... ................. stamp Date: ........................................................ Signature: ................................................ Witnessed by: ........................... Name: ............................... ... ................ TitlePosition: ............................................. stamp Date: ...................... .... .......................... Signnlure: ............................................... Name: ....................................................... Title/Position: ............................................. Date: ......................................................... Signature: .......................... ................................................ Witnessed by: Name: ...................................................... Titlflosition: ............................................. Stamp Date: ........................................................ Witnessed by: ......................... stamp [The inclusion of this page is authorized by L.N. 17/2009]
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION, LICENSING AND REPORTING) REGULATIONS, 2006 FIRST SCHEDULE, contd. 22 1 Applicatlon and Relcasc We the [ ] sponsor(s) or [ ] sponsor(s) and trustas or [ ] trustees of: .............................................................................................................................. Superannuation FundRetirement Scheme hereby make application for approval of the fund/schcme under the Pensions (Superannuation Funds and Retirement Schemes) Act 2004 and the Income Tax Act: I I Pursuant to our application under the Income Tax Act we hereby authorize the release of such documents as may be required by the Commissioner of Income Tax. ................................................ .......................... I I Signature: Witnessed by: I Name: ............................ ..... .. ................ TitlePosition: ............................................. I I Date: ........................................................ ........................ ................... ........................... I I Signature: .. Witnessed by: ...................................................... ............................................. Name: TitlePosition: ...................................................... I I Date: Stamp I Signature: .............................. .............. Witnessed by: .......................... 1 I I Name: ....................................................... ............................ ......................... I I Date: .. S~P I. ............................................... .......................... I I Signature: Witnessed by: I Name: ...................................................... I [The inclusion of this page is authorized by L.N. 17/2009] I Date: ........................................................ Stamp For existing funds/schemes In operatlon before March 1,2005, this section must be signed by Ule quorum of trustees only. For new funds/schemes, this section must be signed by the sponson or the quorum of trustees or both.
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION, LICENSING AND REPORTING) REGULATIONS, 2006 FIRST SCHEDULE, contd. 23 1 DECLARATION We the sponsors of the superannuation fundlretirement scheme hereby certify that to the best of our knowledge, information and belief all the information given in this application uld contained in supporting statements and documentation submitted is.mmna correct. We consent to the Financial Services Commission obtaining information from any source as pennittcd by the laws of Jamaica or any other jurisdiction for the purpose of verifyrng information submitted in support of this application. Signature: ................................................ Witnessed by: .......................... Name: ...................................................... TitlJPosition: ............................................. Date: ........................................................ stamp Signature: .................................. ........... Witnessed by: ........................... Name: .............................. ..................... Title/Position: ............................................. Date: ....................................................... stam Signature: ................................................ Witnessed by: .................... ... Name: ....................................................... TitlJPosition: .................... .,, .-$., .................... Date: ......................................................... stamp Signature: ................................................ Witnd by: .......................... Nme: ....................................................... TitlJPosition: ............................................. Date: ......................................................... stamp Note: The sponsor and each partidpatlng sponsor, Uapplienble, are required to sip [The inclusion of this page is authorized by L.N. 17/2009]
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION, LICENSING AND REPORTING) REGULATIONS, ZOO6 I GLOSSARY I FUNDISCHEME STATUS I [The inclusion of this page is authorized by L.N. 17/2009] 1 2 3 4 5 6 7 Fundscheme Status can be one Active Open ("AO") Active Closed ("AC"') Inactive ("IA") Termination Pending ~yrp") Terminated Opcn ('TO") l--inated Closed VC') TransfemdCTR") of the following: An active open superannuation fundretirement scheme is one into which wntributions are paid and new members are enrolled from time to time. An active closed superannuation fundretirknent scheme is one into which contributions an paid but no new members are enrolled. An inactive superannuation hdlretirement scheme is a fund/scheme for which there is a cessation of contributions and member mrolment. A termination pending superannuation fundlretirement scheme is an active or inactive fundlscheme for which approval of termjnationlwinding-up has not yet been granted by the Commission or Court. A turnhated open superannuation fundlretirement scheme is an active or inactive W~hemt for which notice to wind-up the fund/scheme has bear approved by the Commission/Colnt but assets remain in the fundlscheme and all the relevant reports have not been filed with the relevant authorities. A terminated closed superannuation fund/retirtment scheme is a fund/scheme for which approval of terminationhuinding-up haa bcen granted by the Commhion/Cowt, no assets remain in the Mffihome and all filinga have been submitred to the Commission and the Taxpayer '-Audit and ~ssessmm~e~artment Is a fundlschane whose Raministration andlor investment managemat function(s) have bean moved to another administrator or inveatmmt manager.
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION, LICENSING AND REPORTING) REGULATIONS, 2006 FIRST SCHEDULE, contd. THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) ACT, 2004 FIYAYCIAL FORM 2 StRYICES The Pensions (Superannuation Funds and Retirement Schemes) (Registration, Licensing and Reporting) Regulations, 2006 C0MLIISS10X APPLICATION FOR LICENSING OF ADMINISTRATOR OR IlrNESTMENT WAGER AND REGISTRATION OF CORPORATE TRUSTEE Application Number: (For official use only) [The inclusion of this page is authorized by LN. 17/2009] SECTION 1 ALL APPLICANTS
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION. LICENSING AND REPORTING) REGULATIONS, 2006 Fms~ SCHEDULE, contd. SECTION 1 I ALL APPLICANTS (cont'd) [The inclusion of this page is authorized by L.N. 17t20091 19 (I) (b) (c) 20 Position of employment of the Responsible Officer (named in 18 .bow): (Administrator) .................................................................................................................................. (Investment Manager) ...................................................................................................................... (Corporate Trustee) ........................................................................................ &................,.-.....--.~.- Amount by which -*i exceed liabilities (including dl contingent or prospective liabilitica but not liabilities in respect of sham capital): S ......................................................................................
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION, LICENSING AND REPORTING) REGULATIONS, ZOO6 [ SECTION 1 ( ALL APPLICANTS (cont'dl I Financial Strvlca Commission [The inclusion of this page is authorized by L.N. 17/2009] Particulars of any other business that the company canies on 'at present and proposes to carry on anywhere, indicating how such business will ba separated from the registration or licence being sought: ........................................................................................................................................................... ........................................................................................................................................................... ....................................................................................................................... , ................................... ............................................................................................................................................................ ........................................................................................................................................................... Has any person or company guaranteed or undertaken to act as guarantor of the financial or other obligations of the applicant? Y-[ I No [ I If yes, give details: ............................................................................................................................ ........................................................................................................................................................... ........................................................................................................................................................... ........................................................................................................................................................... ........................................................................................................................................................... ........................................................................................................................................................... Hasany agreement been executed providing for the deferral of'clairns against the applicant by creditors? Y-[ I No [ I If yes, give details: ............................................................................................................................ ................................................................................................. . ........................................................ .............................................................................................................................. 6.. .......................... ................... .................................................................................................................................... ........................................................................................................................................................... .................... (. .................................................................................................................................. i r 21 22 23
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION, LICENSING AND REPORTING) REGULATIONS, 2006 FIRST SCHEDULE, contd. 24 1 SIIAREHOLDERS Holding or in control of 10% or more of any class of shares of appUcant SECTION 1 ALL APPLICANTS (cont'd) [The inclusion of this page is authorized by L.N. 17/2009] Name Shareholdings
Address % Country of domicile
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION, LICENSING AND REPORTING) REGULATIONS, 2006 FIRST SCHEDULE, contd. SECTION 1 [Tile inclusion of this page is authorized by L.N. 17120091 ALL APPLICANTS (cont'd) 25 1 PROFESSIONAL ADVISERS ' A AUDITOR 1 A) Name of Engagement Partner: ...................................................................................................... ;,.. B) Designation: .................................................................................................. , ................................... C) Audit Firm: ........................................................................................................................................ D) Address: ............................................................................................................................................................ ............................................................................................................................................................ ............................................................................................................................................................ E) Mailing Address (if different hm above): ........................................................................................................................................................... ............................................................................................................................................................ ................................................. .......................................... .............................................-.. ........ F) Tel No: ............................. G) Fax No: ............................. H) E-mail ad&=: ................................................................................................................................... NOTE: Should there be more than one auditor the above information must be ~rovided for each additional auditor
Give details of institutions with whicfi you'carry out perisio~~actions:
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION, LICENSING AND REPORTING) REGULATIONS, ZOO6 FIRST SCHEDULE, contd. SECTION 1 I ALL APPLICANTS (cont'd) I 27 1 DISCLOSURES
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT.SCHEMES) (REGISTRATION, LICENSING AND REPORTING) REGULATIONS, 2006 FIRST SCHEDULE, contd SECTION 1 I ALL APPLICANTS (cont9d) 1 Financial Snvica Camriaion .!7 DISCLOSURES (cont'd) [The inclusion of tliis page is audiorized by L.N. 17/2009] 1 5) Has the applicant at any time declared banlauptcy or made 8 voluntary assignment in bankruptcy? If yes, Give details: Yes[ I No[ I ........................................................................................................................................................... ........................................................................................................................................................... 6) Has the applicant ever pleaded guilty or been found guilty under any law of Jamaica or any other counw of any offence involving dishonesty, theft, or hud? Yes[ I No [ I If yes. Give details: ........................................................................................................................................................... ........................................................................................................................................................... 7) Has any claim been successfully made in any civil matter before a wurt or other tribunal in Jamaica or any other country which was based in whole or in part on hud, theft, deceit, or misrepresentation or similar conduct against the applicant? Yes[ I Not I If yes, Give details: ........................................................................................................................................................... ........................................................................................................................................................... 8) Does the applicant currently act as a tmstce, or has the applicant acted in the last five yew as a trustee, administrator, or investment manager of any superannuation fund or retirement scheme? I N%[ I If yes, please complete don 2 9) Where in your incorporation documents are you permitted to carry out the functions with regards to this application: Other Section Page Articles of Incorporation
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION, LICENSING AND REPORTING) REGULATIONS, 2006 FIRST SCHEDULE, contd I SECTION 3 1 TRUSTEE ONLY I und/Scheme name: .......................................................................................................................... .................... fund or retirement scheme? SECTION 4 1 INVESTMENT MANAGER ONLY (other than self-administered funds) 1 [The inclusion of this page is authorized by L.N. 17/2009] 1 ] Securities Dealer Information I L What is your securities dealer licence number? Issue date of the licence [dd/mmlyyyy]: ............... I ............... 1 .. ,. .................. I
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION, LICENSING AND REPORTING) REGULATIONS, 2006 FIRST SCHEDULE, contd. 1 SECTION 5 1 DOCUMENTATION AND FEE 1 origiual documents, except for academic certificates, togcthcr wit11 the e must be submitted with this form. Please tick to confirm documents have ehqldings of parent company or [The inclusion of this page is authorized by L.N. 17/2009]
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION. LICENSING AND REPORTING) REGULATIONS, 2006 LSECTION 6 1 DECLARATION DECLARATION We hereby apply, under Part I1 of the Pensions (Superannuation Funds and Retirement Schemes) Act, 2004 for: a licence as an [ ] Administrator [ ] Investment Manager registration as a [ ] Trustee of the named funds/schemes in Section 3: We certify that, to the best of our knowledge, information and belief, all the information given in this application and contained in supporting statements and documentation submitted is true and correci. We consent to the Financial Services Commission obtaining information from any source as permitted by the laws of Jamaica or any other jurisdiction for the purpose of verifying information furnished in this application. .................................................................................................................................................................. I Name of applicant .............................................................................. ........................................................................ Name of Director Sipature ........................................................................ .............................................................................. Name of Company Secretary Signature .. ........................................................................ ...................... ...................................................... Name of Managing Director Signature (or person in charge of the applicant's affairs) ................................... ....... I Company Seal 20 Date -- [The inclusion of this page is authorized by L.N. 17/2009]
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION, LICENSING AND REPORTING) 'REGULATIONS, ZOO6 FIRST SCHEDULE, contd. fl*ANCIIL FORM 3 SFRVICfS COMHISSIOY ' Application Number: (For oflicial use only) THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) ACT, 2004 The Pensions (Superannuntlon Funds nnd Retirement Schcmcs) (Registration, Licensing and Reporting) Reguintions, 2006 APPLICATION FOR REGISTRATION OF TRUSTEES (INDIVIDUALS) TRUSTEE (INDIVIDUAL) PERSONAL DATA I) Last Name: ......................................... 4) Previous Name (if any): ...................................................... 2) First Name: ...................................... 5) Date Changed (if applicable): [ ]/[ ]/[ ] dd 111111 yyyy 3) Middlc Nanle(s): ................................. 6) The reason for the change: .................................................. / I 1 [The inclusion of this page is authorized by L.N. 1712009] I:u~id/Scl~en~e Name: ....................... .......................................................................................................... 18) FSC Registration No. of Fund/Scheme, if known: 10) Type of trustee: Sponsor [ ] Member Nominated [ ] Pensioner [ ] 20) Does the applicant desire to be registered at this time as the trustee for any other Fund or Scheme? Yes[ I No[ I If yes, please complete the section below: 7) Date ofBirth: [ ]I[ I/[ ] dd mm Wyy 8) Place of Birth: ............................................................................................................................................... 9) TRN 10) FSC Registration No.. if known - Type of Trustee ... Name of Supernnnuntion FundCRetirement Scheme 15) Business Address (ITnppliabk): ............................................................................................................ 16) Telephone No: ........................ I I) Telephone No: ..................... . 12) Facsimile No: 13) E-mail address: .................... FSC Registration No. 17) What is the name of the fundtscheme that you are applying to be registered as a trustee for? 14) Residential Address: . ................................................................................................................................... ...................................................
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) 1REGISTRATION. LICENSING AND REPORTING) REGULATIONS, 2006 FIRST SCHEDULE, contd. FORM 3 THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) ACT, 2004 The Pensions (Superannuation Funds and Retirement Schemes) (Reglstratlon, Licensing and Reportlng) Regulations, 2006 APPLICATION FOR REGISTRATION OF TRUSTEES (INDIVIDUALS1 DISCLOSURES 21) Have you ceased being a trustee of any fund or scheme during the last 5 years? Yes[ 1 No[ 1 If yes, complete Form 4 22) llavc you cvcr applicd for a liccnce or rcyistrntion undcr any law of Jumaica or any Ycs [ ] No [ ] otha country regulating financial institutions or institutions or persons providing financial services? 23) Hns any licence or registration issued to you under any law of Jamaica or any yes! 1 No[ 1 country regulating financial institutions or institutions or persons providing financial services been revoked, cancelled or suspended? 24) Ifave you ever been convicted of an offence involving dishonesty? Yesf 1 No [ 1 :?5) Have you ever been adjudged bankrupt? :?6) Are there any current proceedings dr outstanding litigation against you? Yesf 1 No[ 1 27) Have you ever been engaged in or accused of deceitful or oppressive or improper yes[ 1 No[ 1 business practice? 28) Have you ever been found guilty of conhavening any enactment designed to Yes[ 1 No[ 1 protect the public? 29) Have you ever carried out or been accused of any act involving impropriety in Yesf 1 No[ 1 the handling of monies? 30) Are you incapacitated by any mental disability? Yes[ 1 No[ 1 The following documents have been attached to this appllcatlon form (I) Lcttcr of intent to appoint to the Board of Trustees of the Fund or Scheme Yes [ ] (2) Identiliculion Yes [ ] APPLICATION AND DECLARATION I hereby apply, under Pan I1 of the Pensions (Superannuation Funds and Retirement Schemes) Act. 2004, for rcylstratlon as a Trustee of the named fundslnamed schemes above. 31 32 33 34 I declare that to the best of my knowledge, information and belief all the information glven In support of this application is true and correkt and I consent to the Financial Services Commiss~on obta~ning ~nroniiation from nny source as permitted by the laws of Jamaica or any other jurisd~ction for the purpose of verifying ~nformation furnished in this application. How long have you been employed to the cment organization Name and address of pnvious employer's organization .................................................... Period of employment with previous organization: From To: Sue the reason for termination of employment ------ ................................................. . . . . . . . . , . . . . . . . . . . . . .............................. Signature of Applicant Date Witnessed by [The inclusion of this page is authorized by L.N. 17120091
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION, LICENSING AND REPORTING) REGULATIONS, 2006 FORM 4 THE PENSIONS {SUPERANNUATION FUNDS AND RETIREMENT SCNEMES) ACT, 2004 The Pensions (Superannuation Funds and Retirement Schemes) (Regfstration, Licensing and Reporting) Regulations, 2006 APPLICATION FOR REGISTRATION OF TRUSTEES (INDIVIDUALS) - STATEMENT OF PAST TRUSTEEStllPS Name of FundlScheme: ..................................................................... Name of Applicant: .................... .......... .................................... SUPERANNUATION FUNDS I RETIREMENT SCHEMES 1 I For each fundischeme for which you no longer act as a trustee, please con,plete the table below. I I Signature: Date: I Note: Plense replicate tbis form If more space is needed 1 Financial Services Commission [The inclusion of this page is authorized by L.N. 17/2009]
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION. LICENSING AND REPORTING) REGULATIONS, 2006 FINANCIAL SfIVICfS COMMlSSlON FORM 5 THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) ACT. 2004 The Pensions (Superannuation Funds and Retirement Schemes) (Registration, Licensing and Reporting) Regulations, 2006 APPLICATION FOR REGISTRATION OF RESPONSIBLE OFFICER Application Number: (For official use only) 1, APPLICANT ................................................................................................ Surname First Middle Maiden ............................................................................................... Home Address ................................................ ..,a ... .............................. ...*. ...... .... Telephone No. TRN ............................................................................................... Present position with Employer Commenced employment on .................................... :.. .................... Day Month Year 2. EMPLOYER ................................................................................................ Name Telephone No. ................................................................................................ Address of office where Responsible Officer will be working. 3. PERSONAL DESCRIPTION OF RESPONSIBLE OFFICER A. Date of Birth ...................................................... Sex ............... .......................................................................................... Place of Birth .......................................................................................... Height Welght Colour of eyes Colour of hair Financial Services Comn~ission FSC-P-ARO-2006 [The inclusion of this page is authorized by LN. 17/2009]
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION. LICENSING AND REPORTING) REGULATIONS. 2006 FIRST SCHEDULE, contd. APPLICATION FOR REGISTRATION OF RESPONSIBLE OFFICER ........................ If not a Jamaican citizen answer Citizenship Question B below Name of Spouse: .................................................................. Surname First Middle Maiden Nature of spouse's employment in Jamaica .................................... ........ ....................................................................................... Name of Spouse's Employer: ...................................................... B. Are you a permanent resident of Jamaica? YES( Not ) C. For how long have you been resident in Jamaica? D. Change of name List name changes resulting from marriage, divorce, court order or any other process, giving appropriate dates. Previous name Date changed Reason Have you ever carried on business under any name othe'r than the name mentioned in Question 1 of this Form? If YES, give details Financial Services Commission FSC-P-ARO-2006 [The inclusion of this page is authorized by L.N. 17/2009]
THE PENSIONS (SUPER4NNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION, LICENSING AND REPORTING) REGULATIONS, 2006 FIRST SCHEDULE, contd. APPLICATION FOR REGISTRATIOS OF RESPONSIBLE OFFICER E. Passport Information In providing the information requested below, the Responsible Officer must also attach a copy of his passport certified by a Justice of the Peace or Notary Public. ....................................................................................... Country Place of issue Date of issue Number F. Photograph Attach hereto two copies of a colour passport-size photograph, full face, showing a true likeness of the Responsible Officer as the Responsible Officer now appears and taken within the last six months. The photographs must measure 2" x 2",, and bear on the back the date on which they were taken and be certified by a Justice of the Peace or Notary Public. 4. EDUCATION List below name of institutions attended and qualifications attained SchoolAnstitution Year attended Qualifications .............................................................................. Attach original document or other certified document evidencing qualification Financial Services Commission FSC-P-ARO-2006 [The inclusion of this page is authorized by L.N. 17/2009]
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) {REGISTRATION, LICENSING AND REPORTING) REGULATIONS, 2006 FIRST SCHEDULE, contd. APPLICATION FOR REGISTRATlON OF RESPONSIBLE OFFICER 5. EMPLOYMENT HISTORY In answering questions 5 - 7 give full disclosure of your business activities, including any periods of self-employment and unemployment for 5 years immediately prior to the date of this application, excluding any summer employment while a full-time student, (but including all pension administration or investment management during and prior to the Syear period). Attach letter. signed by the Responsible Ofticet's current or former employer, confihing the Responsible Officer's years of service in pension administration, investment management or related industry. A. PRESENT EMPLOYMENT ....................................................................................... Name of present employer ................................................ ". ." ... "' .................. ..( ...... Address of present employer ....................................................................................... Position of employment Period of employment Duties .................................................................................. ......................................................................................... B.! PREVIOUS EMPLOYMENT .......................................................................................... Name of previous employer ......................................................................................... Address of previous employer ....................................................................................... Position of employment Period of employment Reasons for leaving ............................................................... Financial Services Commission FSC-P-ARO-2006 [The inclusion of this page is authorized by L.N. 17/2009]
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION, LICENSING AND REPORTING) REGULATIONS, 2006 95 FIRST SCHEDULE, contd. APPLICATION FOR REGISTRATION OF RESPONSIBLE OFFICER C. SELF-EMPLOYMENT Give details if any D. Have you ever been discharged by any employer for dishonesty. negligence or incompetence? If YES, explain ..................................................................... 6. RESIDENTIAL HISTORY Give all home addresses for the past 5 years; include street. postal code and parish. Current ........................................................................ 20 ...... to 20 ......... Street Postal Code Parish Previous ....................................:. ................................. 20 ...... to 20 ......... Street Postal Code Parish 7. REFERENCES A. On an attachment provide three (3) names as references, excluding relatives and persons working with the Responsible Officer's employer. Include business address with postal code, telephone number and occupation. B. Banks or other Financial institutions. ......................................................................................... Name of bank(s)/financial institution(s) Financial Services Commission FSC-P-.4RO-2006 [The inclusion of this page is authorized by L.N. 17120091
FIRST SCKEDULE, contd. APPLICATION FOR REGISTRATION OF RESPONSIBLE OFFICER 8. PRIOR REGISTRATION OF RESPONSIBLE OFFICER A. Are you now licensed or registered in any capacity under any law of Jamaica or any other country regulating pension administration. investment management or trusteeship. If YES, give details .................................................................. 8. Have you been previously licensed or registered as mentioned in paragraph A? If YES, give details and dates ..................................................... C. Are you now a sh ' eholder, director or officer of any company or a partner in partner%p which is now licensed under any law regulating pension administration, investment management or trusteeship. If YES, which compan p... ......................................................... D. Are you now a shareholder, director or offtcer of any company or a partner in a partnership which has been previously licensed under any law regulating pension administration, investment management or trusteeship. If Yes, which company and when? E. Have you ever been a shareholder, director or officer of any company or a partner in a partnership licensed as mentioned in C or D above? If YES, which company and when? Financial Servics Commission [The i~lclusion of this page is authorized by L.N. 17/2009]
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION, LICENSING AND REPORTING) REGULATIONS, ZOO6 F~RST SCHEDULE, contd. .APPLICATION FOR REGIST RATION 01: RESPONSIBLE OFFICER 9. A. Are you registered under any law which requires registration to deal with the public in any capacity other than pension administration, investment management or trusteeship. If YES, which company and when? B. Have you ever applied for or obtained registration mentioned in paragraph A above? YES( 1 NO( ) If YES, when and in which country and under what law? QUESTIONS 10 - 15 In answering Questions 10-15 you may need assistance from a legal adviser. Full details are required as attacFiiiients in respect of any question to which the Responsible . Officer answers 'YES". These details must include the circumstances, relevant dates, names of the parties involved and final determination if known. Also disclose any convictions under all laws, excluding convictions under the Road Traffic Act, and any conviction in respect of which an absolute or:conditional discharge has been granted. If a conviction has been expunged from the tecords pursuant to the Criminal Records (Rehabilitation of Offenders) Act, the appropriate response would be "NO". 10. REFUSAL. SUSPENSION OR CANCELLATION A. Have you ever been refused registration or has your registration been suspended or cancelled under any law regulating pension administration, investment management or trusteeship? If YES, state in which country, under what law, and when. ......................................................................................... Financial Services Commission FSC-P-ARO-2006 [The inclusion of this page is authorized by L.N. 17/2009]
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION, LICENSING AND REPORTING) REGULATIONS, 2006 FIRST SCHEDULE, contd. APPLICATION FOR REGISTRATION OF RESPONSIBLE OFFICER B. Are you now or have you ever been an officer or director of a company or a partner in a partnership - (i) which has been refused registration during the time of your association with it; or (ii) whose registration has been suspended or cancelled under any law regulating pension administration, investment management or trusteeship? YES ( ) NO( If YES, give details ......................................................... Financial Services Commission FSC-P-ARO-2006 ['rile i~lclusiorl of this page is autllorized by L.N. 17120091
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION, LICENSING AND REPORTING) REGULATIONS, 2006 APPLICATION FOR REGISTRATION OF RESPONSIBLE OFFICER 11. OFFENCES A. Have you pleaded or been found guilty under any law of Jamaica or any other country of any offence involving dishonesty or impropriety relating to pension administration, investment management or trusteeship or options or the theft thereof or been a party in any proceedings taken on account of fraud arising out of any trade in or advice in respect thereof? B. Have you ever been convicted of any criminal offence not mentioned in paragraph A? C. Are you currently the subject of a charge or indictment ~lnder any law of Jamaica or any other country for contravention of any other law or for any conduct of the type described in paragraphs A and B? D. Has a company of which you are orwere at the time of the event an officer, director or holder of voting securities carrying more than 5% of the votes carried by all outstanding voting securities or any partnership of which you are or were at the time of the offence a partner, ever pleaded guilty or been found guilty under any law in Jamaica o,r any other country of offences or conduct of the type described in paragraphs A and B? E. Is any such company or partnership mentioned in paragraph D currently the subject of a charge or indictment? Financial Services Commission [The inclusion of this page is autliorized by L.N. 17/2009]
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION, LICENSING AND REPORTING) REGULATIONS, 2006 FIRST SCHEDULE, contd. APPLICATION FOR REGISTRATION OF RESPONSIBLE OFFICER 12. CIVIL PROCEEDINGS A. Has any claim been successfully made in any civil matter before a court or other tribunal in Jamaica or any other countrywhich was based in whole or part on fraud, theft, deceit or misrepresentation or similar conduct against - (ii) any company of which you are or were at the time of the event or at the time that such proceedings were commenced an officer, a director or holder of voting securities canying more than 5% of the votes canied by all outstanding voting securities? (iii) any partnership of which you were a partner at the time of the event or at the time such proceedings were commenced? B To the best of your knowledge is any such daim pending against you or such company or partnership? YES( NO( 13. BANKRUPTCY A. Have you or any company of which you are or were at the time of the event an officer, a director or holder of voting securities carrying more than -a 5% of the votes carried by all outstanding voting securities; or Financial Services Commission [The iticll~siotl of Illis page is authorized by L.N. 17/2009]
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION, LICENSING AND REPORTING) REGULATIONS, 2006 FIRST SCHEDULE, contd. APPLICATION FOR REGISTRATION OF RESPONSIBLE OFFICER 0. Have you or any partnership of which you are a partner under the laws of Jamaica or any other country - (i) ever been declared bankrupt or made a voluntary assignment in bankruptcy? (ii) ever made a proposal relating to bankruptcy or insolvency? (iii) ever been subject to or instituted any proceedings, amangernent or compromise with creditors or had a redeiver or manager, or both. appointed to hold your assets or the assets of the company or partnership? ................................................................................. 14: JUDGMENT OR AlTACHMENT A. Hasoany judgment or attachment ever been rendered against you in any civil court in Jamaica or any other country in respect of damages or other relief for fraud or for any other reason? B. Is any judgment or attachment outstanding against you in any civil court in Jamaica or any other country for damages or other relief in respect of fraud for any reason whatsoever? YES( 1 NO( ) ........................................................................................ 15. SURETY BOND OR FIDELITY BOND A. Have you ever applied for a surety bond or fidelity bond and been refused? YES( ) NO( Financial Services Con~mission [The inclusion of this page is authorized by L.N. 1712009]
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION, LICENSING AND REPORTING) REGULATIONS, 2006 FIRST SCHEDULE, contd. APPLICATION FOR REGISTRATION OF RESPONSIBLE OFFICER If YES, give particulars B. Are you presently bonded? If YES. with whom and for how much? ......................................................................................... 16. BUSINESS ACTIVITIES A. Will you be actively engaged in the business of the Trustee, Administrator or lnvestment Manager and devote the major portion of your time thereto? If NO, give detals 6. Am you engaged in any other business or have any other employment fw gain except your occupation with the Trustee, Administrator or lnvestment Manager7 If YES, set out full details on an attachment including the name and address of the business, the nature of the business. your title or position and the amount of time you devote to the business. C. Are you an officer. director, shareholder, partner or other contributor of capital or employee of a company having as its principal business that of a Trustee, Administrator or Investment Manager other than the firm with which you are now working? If YES, give details Financial Services Commission [The inclusion of this page is authorized by L.N. 17/2009]
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION. LICENSING AND REPORTING) REGULATIONS. 2006 FIRST SCHEDULE. contd. APPLIC.4TION FOR REGISTRATION OF RESPONSIBLE OFFICER 17. CERTIFICATE AND AGREEMENT OF APPLICANT I ................................................................................. who make application for registration hereby make oath and sayA. that I have read and understood the questions in this application as well as the answers made by me thereto and that the statements of fact made therein and the attachments thereto are to the best of my knowledge, information and belief, true and correct; and B. that I undertake to notify the tinancial Services Commission in writing of any material change in the infohation provided in this application; and C. that I acknowledge and consent to the Commission obtaining information from any source as permitted by law in Jamaica or any other jurisdiction for the purpose of verifying infonnation furnished in this application. SWORN to before me at ........................ ., ... 1 In the parish of .......................................... ) ................................. ) .Signature of Applicant This .................. day of ..................... .20 ) 1 ............................................................ Justice of the Peace or Notary Public 1 Financial Services Commission [The i~iclusion of this page is authorized by L.N. 17120091
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION. LICENSING AND REPORTING) REGULATIONS, 2006 FIRST SCHEDULE, contd. APPLICATION FOR REGISTRATION OF RESPONSIBLE OFFICER FOR OFFICIAL USE ONLY Registered Period .......................................................................... Date Application received ......................................................:. ........ Number of Attachments ................................................................... Identification Verification .................................................................. Application Fee paid $... .................................................................. Submitted to Commission on ............................................................ , Date ApprovedlRejected ................................................................... Terms and Conditions of Reaistration (i) ..........................................-.................................................... (i i). ............................................................................................. (iii) ................................................... .:. ....................................... (iv) ............................................................................................. 9) Registration Fee $... ........................................................................ Date Paid .............................................................................. 10) Certifying Officer ............................................................................. ChairmanlExecutjve Director 11) Suspension or Cancellations ............................................................... Action Taken.. ............................................................................... Effective Date ................................................... :.. ........................... Reasons.. ..................................................................................... Financial Services Commission FSC-P-ARO-2006 [The inclusion of this page is authorized by L.N. 17/2009]
[The inclusion of this page is authorized by L.N. 17/2009]
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION, LICENSING AND REPORTING) REGULATIONS. 2006 FSC R.pktralion No. STATEMEKT OF CHANGESIN NET ASSETS FSC 60.10 INCREASE IN ASSETS IKI. DY. 10 1nVu(Mnt. I"l.nrt lnwnn (W) ~.alh.d 6 unrealbed Galnd(lares) (010) ~welgn Elch.npa Gllnd(L08~1) 1016) Poabd Fund. Incraarcl(Dacraasa) (017) 0ihe.n 1018) Total Incraasa Ow to Imnt~Mnt l~corn (019) CanMbvUorn Mmbm' ComplhW conbmu(lonr wQ) W.mbm'Vdunt.y ConMbuUons (021) Spansor ConUbuUons - Onilnaly Sponsor CMlUbutIont - Voluntly (025) SpnsorComrlbutlorn - Specla1 (026) (027l Td ConhmuUoru (029) Tnmkn to Um FvndlSchsm (039) oma JMsn of lnmau (049) TOTAL INCREASE IN ASSElS (059) DECREASE I& LSSm lnmM-Ew-- Admlnbtntfva Exprun Profe8slo~l Fp. O(her Expansas Td EXpNU wt8 and 1nmf.n Mlnmnt Bm(lfl Lumpvm Psnslon Rwchnsa PWhl payc& fmn TmlNtlm -fib Lumpurn ~avmaCs Dsrm Bendu Perubm psputs fmn (und TmN1.n to Approvrd Funb.Rdmm Refund8 to Sponror OUwr &nub md Tnnshn T-I Wnefb and Tnn8f.n Imprlnm& Incnrsd(D.enas*) om., sowur a( DMn* TOTAL DECREASE IN ASSETS CWE IN NEl aSETS NETASSETSATSTARTOFYEAR NETASSETS AT YEAR END [The inclusion of this page is authorized by L.N. 17/2009]
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION. LICENSING AND REPORTING) REGULATIONS, 2006 FIRST SCHEDULE. contd. [The inclusion of this page is authorized by L.N. 17/2009]
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION, LICENSING AND REPORTING) REGULATIONS, 2006 FIRST SCHEDULE, contd. FSC R.glsb-.Hon No. Period Ending R.1. No. R to Nolu INTEREST INCOME FROM DEBTSECURbtwest fmm D.posits t=l knnnt Imm Rw&u pmmno R lnU-t horn Bond. d 0.trmFuns w Inarest from Mongage Loans bnw Fmm 0th~ D.M 5.arMln IllKony Fmm Stocks ti sham H Incorn Fmm Real Eshl. Invastmnl Amngmntrlncnanl(Dscruu) Interest (Ded Adndnuvatkm Fum) . (I 11) Tyw l Poded Funds. .. . . ... . . (7121 Type 11 PccM Fuuls . . . ...... . (It% Total Inv.slmnt Amng-1% 1119) Income lrom 0h.r Inr.sm*ntl : 159) [The inclusion of this page is authorized by L.N. 17/2009]
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION, LICENSING AND REPORTING) REGULATIONS, 2006 FIRST SCHEDULE, contd. [The inclusion of this page is autllorized by L.N. 17/2009]
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION, LICENSING AND REPORTING) REGULATIONS, 2006 FIRST SCHEDULE, contd. FSC R*glstnUon No. RELATED PARTY INVESTMENTS FSC 60.27 [The inclusion of this page is authorized by L.N. 17iZ0091
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION, LICENSIA'S AND REPORTING) REGULATIONS, 2006 FSC Rwhtntbn No fNVESTMENT ARWGEMENTS FSC 60.40 I TOTAL I 1 UmNo [The inclusion of this page is authorized by L.N. 1712009] Name (01) BB~ OI year Value so00 (01) N.I ~omdb~tl~n. lo (he Fud6ch.m. s~vl (03) End of Y0.r ~01.1 Valw of Fund so00 (MI & ' (g rt I* ~01.1 I~I.~SI lncrrm ,000 (05)
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION, LICENSING AND REPORTING) REGULATIONS, 2006 FIRST SCHEDULE, contd. FSC Reglstratlon No. ALLOCATlON OF FUNDS AMONG INVESTMENT MANAGERS FSC 60.50 Jt'OOO Period Ending Name of Investment Manager Fmarual Services Ccmmission I I (001). ('332) (003) (004) (005) (c"w (007) (008) [The i~iclwion of this page is autliorized by L.N. 17/2009] Clment Period (02) Previous Period (03)
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION, LICENSING AND REPORTING) REGULATIONS, 2006 FIRST SCHEDULE, contd. [The i~~clusio~if this page is autliorized by L.N. 1712009]
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION, LICENSING AND REPORTING) REGULATIONS, 2006 FIRST SCHEDULE, contd. FSC Registration No. Period Ending NOTES TO THE CERTIFIED FINANCIAL RETURN FSC 60.71 [The i!:clusion of this page is authorized by L.N. 17/2009] 7
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION, LICENSING AND REPORTING) REGULATIONS, 2006 FSC R.gI.tn110n No. P.M Ewlnp INTERRWATORIES TO IHE CERTIFIED FINANCIAL RETURN FSC (9.89 [The inclusion of this page is autliorized by L.N. 17/2009]
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION, LICENSING AND REPORTING) REGULATIONS, 2006 FIRST SCHEDULE, contd. [The inclusion of tliis page is authorized by L.N. 1712009]
THE PENSIONS (SUPEMNNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION, LICENSING AND REPORTING) REGULATIONS, 2006 FIRST SCHEDULE, contd. FSC R.pls(raHon No. AUDITORS' REPORT FSC 60.81 [The inclusion of this page is autliorized by L.N. 17/2009]
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION, LICENSING AND REPORTING) REGULATIONS, 2006 FIRST SCHEDULE, contd. FSC R*gtrtratla No. Finawl Services Cornrnissian CERnflCAnON FSC 60.82 Under me Penshs (Superamua1k-m Funds and Relimn! Schemes) Acl. 2034 and aslodaled regulatiom, m, hereby &ty la me besl of wr kmY4edge and belief lhal the forsOdng information in rchedules 60.10 lhrough lo 60 80 I of lhn CFR r IN^ and auurale for Supcnnnualion Fund/ Retiremen( Sdmm for h year ended w Name ntle/Porlllon Dale TRUSTEE SIRum Name lilworl(lon hla TRUSTEE Nams TiUePoalUon Dale [The inclusion of this page is authorized by L.N. 1712009]
THE PENSIONS (SUPERANNUA77ON FUNDS AND RETIREUENTSCHEhIES) (REGISTRATION, LICENSING AND REPORTING) REGULATIONS, 2006 FIRST SCHEDULE, contd. FORM 7 THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) ACT. 2004 The Penslons (Superannuallon Funds and Retirement Schemes) (Reglstratlon, Llcenslng and Reporting) Regulations, 2006 FUND STATUS REPORT - FSC 45 INVESTMENT MANAGER IDENTIFICATION AND DETAILS (a) Name of Investment Manager: (b) FSC Llcence No.: (c) End of Perlod: (d) Period Under Review From: To: No. of Months: Responslble Offlcer: (d) Name: FSC No.: (e) Telephone No.: (I) E-mail: Contents 45.10 Funds/Schemes Under Management Investment Porlfolio Mix
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENTSCHEMES) (REGISTRATION, LICENSING AND REPORTING) REGULATIONS, 2006 FIRST SCHEDULE, contd.
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENTSCHE- (REGISTRATION, LICENSING AND REPORTlNc) REGULA770NS, 22006 FSC L1C.m. NO. rn.0~ Nmn L." SNKk. mnd Mam R.I C.W. Imnmnt Pvr.w.mnk FIRST SCHEDULE. contd. WESTMEMT PORIFOLK) Mlr FSC 45.71 [The inclusion of this page is authorized by L.N. 17/2009]
THE PENSOM (SUPERANh'UATION FUNDS AND RETTREMENTXHEMES) (REGISTRATION, LICENSING AND REPORTlNG) REGULATIONS, 2006 [The inclusion of this page is authorized by L.N. 1712009J
THE PENSIONS (SUPER4NNUATION FUNDS AND RETIREMENTSCHEMES) (REGISTRaTION. UCENSING AND REPORTING) REGULATIONS, 2006 FSC Licence No.: FIRST SCHEDULE, contd. End of Period INTERROGATORIES FOR INVESTMENT MANAGERS FSC 45.30 (001) Has there been any change in lhe urporale structure of the inveslmenl manager7 yes NO n yes, give details and attach revked corporate aganizalimnal Ehari (002) Pursuant to Regulation 17 of the Regisbation. Lbmsing and Repkg Regulaliyxls, were M any changes to (he wiiaks contained in me ap@ii(on lor reglslratim of thefundlsc%rnewtM have not been 614 with ths Commission? Yes n NO 0 If yes, please provide debRs (003) Have men, heen any changes lo !he llst of covered pxw as submined at reglsbalbn7 yes 0 NO 0 lye%, please provide detak (004) Please answer Ma following quastans, respecting Type I Poded Funds: (I) Are there any Type 1 Pooled Funds urdff managemen1 which hdds assets fa a superannuation fund a r&ements scheme wh~ch is no( approved by Be FSC7 Yes 0 No Q lii) Are mere any Type 1 Pooled Furds urder management hdding inveslmenls cf securities hat wwld be deemed ineliaiMe a ~ohibited lor an aoaoved superanrwahn fund of relitement scheme? (ai) Are mere any Type 1 Pooled Funds under managemenl which is a party to or ergaged in a transaction pohibrted for an approved superannualion fund M retiremenl scheme? Financial Services Commission Yes NO (oa Yes 0 NO 11 [The i~lclusio~i of this page is autl~orized by L.N. 17/2009]
THE PENSIONS(SUPER4NNUATION FUNDS AND RETIREMENTSCHEMES) (REGISTRATION. UCENSING AND REPORTING) REGULA nONS, 22066 FIRST SCHEDULE, contd. FSC Licence No.: End of Period INTERROGATORIES FOR INVESTMENT MANAGERS FSC 45.30.1 (005) Are there adequate systems and controls in place: (i) loensure that pension plan assets are being invested in amordance with the Trust Yes No 0 Deed. Plan Rules and other constitutive documents of the funds/schemes? (ii) to identify, monitor and manage risk in all Its (om$, for pension plans? Yes 0 NO (iii) lo obtain, update, maintain and secure mernben'l~lan recards? Yes NO 0 (iv) to supply accurate and complete data and repons lo Lhe trustees of lhe various funds/schemes in sufflcienl time to -Me them lo mmply wilh the requirements of the fundlscheme? Yes 0 NO (006) Desuibe the pr- undertaken in arriving at Uw opib eapxssed in (005). 1007) . In the wrtfolio of dans which is managed by WU. are there any superannuation funds or , relirement schemes which have not aiplied-& will mi be appl;lng for registration plrsuanl to Ihe Pensions (Superannuallon Funds and Ret~remenl Schemes Act. 2W? Yes 0 NO 0 I1 yes, please attach details inclus~ve of the name, stalus and Ihe type of fund or scheme Flnanc~al Services Commission FSCP-452006 [The inclusion of this page is autliorized by L.N. 1712009]
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION, LICENSING AND REPORTING) REGULATIONS, 2006 FIRST SCHEDULE, contd. FSC Llcence No. Financial Services Comm~ssion End of Period RESPONSIBLE OFFICER'S CERTIFICATION FSC 45.40 I hereby cerlify that, to the best of my knowledge and belief, the information contained in lhis form. (a) is true, correct and complete. (b) complies wiUl the provisions of the Pensions (Superannuation Funds and Retirement Schemes) Act. 2004 and regulations thereunder. RESPONSIBLE OFFICER Signature : Name TitlePosition : Date [The iliclusion of this page is authorized by L.N. 17/2009]
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) (RECISTRA770N. LICENSING AND REPORTING) REGULATIONS, 2006 FIRST SCHEDULE, contd. r,","C,"< I~IYICII FORM 8 CIY"l,*lOY THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) ACT. 2004 THE PENSIONS (SUPERANNUATION FUNDS and RETIREMENT SCHEMES) (Reglstratlon, Llcenslng and Reporting) Regulations, 2006 ADMINISTRATOR'S RETURN - FSC 50 ADMINISTRATOR IDENTIFICATION AND DETAILS (a) Name of Admlnlstracor: (b) FSC Llcence No.: (c) End of Period: (d) Perlod Under Review From: To: No. of Months: Responslble Oftlcer: (d) Name: FSC No.: (e) Telephone No.: (f) E-mall: CONTENTS 50.10 Fundscheme Information 50.20 Interrogatorlos for Admlnlstnton 50.30 Responalble OMcer's Certlficatlon Finamlal Sefvicer Commkslon [The inclusion of this page is authorized by L.N. 17/2009]
THE PENSIONS (SUPERANNUAnON FUUDS AND RlXfREMENTSCHEMW
(REGISTRA~ON LICENSING AND REPORTLVQ REGULATIONS, 2nnn
FIRST SCHEDULE, contd.
FSC Llcenu No. End ol Porld
INTERROGATORIES FOR AWlNlSTRATORS
FSC 50.20
(If Ih. mswr to MY quarlion Is "yea', WrlKen d.1111~ mpedfng th.1 qwrtlon must k .tt.dnd
to this r-pon)
(W2) Pw$wnl D Regu)aUan 17 04 Ihe RBpistration. Lhndnp and Repcning RegbWiom.
weto tnme any cMngs 10 Iha wntculam dried in the apOllcelKn
IOI t(4151R1Dn d Ihe luwscheme mh hara not been filed dlh tM CcmnUdm7 0 No 0 (003) &a IMla adaqvala rvslsna and ConMs in pgca:
(i) a,mvalNtmab.R'~Uar.~daamlnedinscmrd.ru~h.
1-1 Oasd. Phn RUIEY and DUunomtihlliw docu-U of the fund-7 Yn 0 No 0
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IN)
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CATEGORY INFORMATION
(I) Adiv. MmWms; Ds(and wid msmbas (m nqugl) ~rufil ~mmmmt (11) Nw Mmbm (R.(kaM Schema only) InrOmuUm F0ld.r
(Ill) Membna We ataM charwed BMsnl StalmM
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n ya.. we attach dealis hxluiw d tha mdW ~IJB '4 the IW d hnd-ci ichim
[The inclusion of this page is authorized by L.N. 17/2009]
THE PENSIONS (SUPER4 NNUATION FUNDS AND RETIREMENT XHEMES) (REGISTRATION, UCENSING AND REPORTING) REGUUTIONS, 2006 FSC Licence No. FIRST SCHEDULE, contd. End of perlod RESPONSIBLE OFFICER'S 'XRTIFICATION FSC 50.30 I hereby certify thal, to the best of my knowledge and bellef, the InformaUon entered in thls form: (a) is true, correct and complete, (b) complies with the provisions of the Pensions (Superannuation Funds and Schemes) Acl. 2004 and Regulations thereunder. RESPONSIBLE OFFICER Signature : Name TillNPosilim : Dale [The iticliu;io~~ of tliis page is autliorized by L.Y. 1712009]
THE PENSIONS (SUPERANNUATION FUNDS AND RETIRE6IENT SCHEhIEY) (REGISTRATION. LJCENSING AND REPORTING) REGULATIONS, 2006 FIRST SCHEDULE, contd. FORM 9
,{&i%. COMMISSION THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) ACT, 2004 The Pensions (Superannuation Funds and Retirement Scltcmes) (Registration, Licensing and Reporting) Regulations, 2006 Licence - Administrator No. of Licence .................................. This licence authorizes ..................................................................................................... of ...............................................................................................................in the Parish of ................................................................. carry on business as an administrator in accordance with The Pensions (Superannuation Funds and Retirement Schemes) Act 2004 and Regulations made thereunder. This lice~~ce is not transferable. The responsible officer for the Administrator is: Dated this .............................................. day of ........................................................ 20 ...... ............................................................... Chairman, Finatzciul Services Commission Financial Services Commission [Tile inclusion of this page is authorized by L.N. 17/2009]
WE PENSIONS (SUPERANNUATION FWDS AND RETIREVENTSCHEECfES) (REGISTRATION. LICENSING AND REPORTING) REGULATIONS, 2006 FIRST SCHEDULE, contd. FORM 10 THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) ACT, 2004 The Pensions (Superonnrration Funds and Retirement Schentes) (Registration, Licensing and Reporting) Regulations, 2006 Licence - Investment Manager No. of Licence ....... ,.., ...................... .-.- This licence authorizes ........................................... :........................................................ of ....................................................................................,............................in the Parish of ............................................................. carry on business as an investment manager in accordance with The Pensions (Superannuation Funds and Retirement Schemes) Act 2004 and Regulations made thereunder. Tl1i.v liccnce is not tr~risferuble. The responsible officer for the Investment Manager is: Dated this ...................................... ..day of ........................................................ 20 ...... ..................................................... Cliair-rnair. Finclticiaf Set-vices Commission Financial Services Cornrnissi0,n [Tlie inclusion of this page is authorized by L.N. 1712009]
THE PENSIONS (SUPERANNUATION FIJNDS AND RETIREMENTSCHE,MES) (REGISTRATION, LICENSING AND REPORTING) REGULATIONS, 2006 FIRST SCHEDULE, contd. FORM 11 THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) ACT, 2004 The Pcrtsions (Sltperannuatio~~ Funds and Rctirerncnt Scher~rcs) (Regi.~tratiorr, Licensing and Reporting) Regulations, 2006 Certificate of Renistration - Approved Superannuation Fund Certificate of Registration No .................................. Date of Certificate ...................................... : ...................................................................... This is to certify that ............................................................................................................ (Name of Superannuation Fund) has been approved and registered as a superannuation fund bv the Financial Services Commission. The registered trustees of the approved superannuation fund are:- The sponsor(s) participating in the approved superannuation fund islare:- Dated this .............................................. day of ........................................................ 20 ...... ................................................................... Chairman, Financial Services Commission Financial Services Commission FSC-P-1 1-CSF [The inclusion of this page is authorized by L.N. 17/2009]
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION, LICENSING AND REPORTING) REGULATIONS, 2006 FIRST SCHEDULE, contd. FORM 12 THE PENSTONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) ACT, 2004 The P~.r~siuns (Sicyerunnuation Funds and Retirerrlent Sclrelrres) (Registration, Licensirrg crrrd Reportirrg) Regulntiorls, 2006 Certificate of Rej&tration - Retirement Scheme Certificate of Registration No .................... ...... Date of Certificate ........... ............................... ......... ....................................... This is to certify that ........................................................................................................... (Name of Retirement Scheme) has been approved and registered as a retirement scheme by the Financial Services Commission. The registered trustees of the retirement scheme are:- The sponsor(s) of the retirement scheme islare:- Dated this .............................................. day of ........................................................ 20 ..... ................................................................... Chairman, Financial Services Commission Financial Services Commission FSC-P- 12-CRS [The inclusioi~ of this page is authorized by L.N. 17/2009]
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION, LICENSING AND REPORTING) REGULATIONS, ZOO6 FIRST SCHEDULE, contd. FORM 13 COMMISSION THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) ACT, 2004 Tlre Pensions (Superannuation Funds and Retirement Scl~emes} (Registration, Licensing and Reporting) Regulatiorrs, 2006 Certificate of Reqistration - Trustee Certificate of Registration No.. ............................... Date of Certificate ............................................ ; ................................................................ This is to certify that ........................ .............................................................................. (Name of Trustee) has been registered as a trustee of .................................................................... (Name of Approved Super nnuation Fund or Approved Retirement Scfeme) Dated this .............................................. day of ........................................................ 20 ...... .............................................................. Chairrtran, Firluncial Services Contmissiort Financial Services Commission FSC-P- 13-CT [The inclusion of this page is authorized by L.N. 17/2009]
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION, LICENSING AND REPORTING) REGULATIONS, 2006 FIRST SCHEDULE, contd. FORM 14 COMMISSION THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) ACT, 2004 Tlte Pensinns (Superannuation Funds and Retirement Scltemes) (Registration, Licensing and Reportink) Regulations, 3006 Certificate of Registration - Responsible Officer Certificate of Registration No.. ... ..; .......................... . . Date of Cert~f~cate ............................................................................................................. This is to certify that ....................... ... .............................................................................. (Name of Responsible Officer) has been registered as a Responsible Officer of .................................................... (~ame ofCorporate Trustee, Administrator or Investment Manager) Dated this ............................................ day of ........................................................ 20 ...... .................................................... C%clirmun. Fit~~rtrcirrl Services Corrrrrrissio)i Fillallcia1 Services Co~nnlission FSC-P- 14-CRO [The inclusion of tliis page is authorized by L.N. 17/2009]
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION, LICENSING AND REPORTING) REGULATIONS, 2006 FIRST SCHEDULE, contd. FORM 15 /*. IWXCIIL THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) ACT. 2004 1fIYICfS CP11IIIIOI The Penslons (Supeannuatlon Funds and Retirement Schemes) (Reglstratlon, Llcenslng and Reporting) RegulaUons. 2006 [The inclusion of this page is authorized by L.N. 17120091
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION, LICENSING AND REPORTING) REGULATIONS, 2006 FIRST SCHEDULE, contd. [The inclusion of this page is authorized by L.N. 17/2009]
FORM 17 ':,'Y:I1: ~i~":i!l liVVlll I. THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION, LICENSING AND REPORTING) REGULATIONS, 2006 FIRST SCHEDULE, contd THE PENSlONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) ACT, 2604 The Pensions (Superannuation.Funds and Retirement Schemes) (Realstration, UcensTmand Repoltlng) Regulations, 2006 [The inclusion of this page is authorized by L.N. 1712009)
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION, LICENSING AND REPORTING) REGULATIONS, 2006 FIRST SCHEDULE, contd FORM 13 THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) ACT, 2004 ,,.,.l.,, Il.rl,l, 10.n1110. The Penllons (Superannuallon Funds and Retirement Schemes) (Reglrtratlon, Llcenslng and Reporting) Ragulatlons, 2006 [The inclusion of this page is autliorized by L.N. 17/2009]
FORM 20 THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION, LICENSING AND REPORTING) REGULATIONS, 2006 FIRST SCHEDULE, contd. THE PENSIONS (SUPERANNUATION FUNDS AND REnREMEMSCHEMCS) ACT, 2004 The Pmslons (SupwnnnusUm Funds and RwUreMnt Scha~s) iR.gIstr~llon, Llcwn=lnp md Rwpottlnu) Regulallons. 2006 [The i~iclusion of this page is authorized by L.N. 1712009]
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENTSCHEMES) (REGISTRATION, LICENSING AND REPORTING) REGULATIONS, 2006 SECOND SCHEDULE (Regulation 4) The constitutive documents of a superannuation fund or retirement scheme shall provide for the following matters:
THE PENSIONS (SUPEhYNNUATION FUNDS AND RETJREMENTSCHEMES) (REGISTRATION, LICENSING AND REPORTING) REGULATIONS, 22006 (q) duty to keep accurate accounts; (r) duty to disclose and provide information to members and the Commission; (s) duty to invest assets of the fiu~dlscheme in a prudent manner; (I) duty to receive and record all income earned from the assets of the pension plan; and (u) Duty to ensure any tax due or which has to be deducted from benefits or other amounts paid are reported to the Taxpayer Audit & Assessment Deparbnent. Duties of the Sponsor, which include their agreement- (a) to provide and maintain information needed so that trustees, their agents and advisors can effectively carry out their duties; (b) to remit, in respect of a defined benefit plan, the sponsor's ordinary contributions in the amount as recommended by the actuary and in accordance with the time frame which shall be specified in the Constitutive Documents; (c) to remit, in respect of a defined benefit plan, the sponsor's special contributions for the amortization of unfunded liabilities or solvency deficiencies in the amount and frequency as recommended by the actuary but which shall not be less frequently than quarterly; (4 To remit, in respect of a defmed contribution plan, the sponsor's ordinary contributions in accordance with the time frame which shall be specified in the Constitutive Documents, and which shall be congruent with the Act and the regulations; and (e) Deduct members' contributions and pay them over to the Investment Manager within the time prescribed. Conditions of membership and eligibility rules. Vesting criteria Contributions: the method of calculating ordinary contributions by the Sponsor(s) and active members, the frequency and date of payment of such contributions.. Retirement date@) and age. Benefits and rights that are to accrue upon termination of employment, termination of membership, retirement, death, disability, transfer method of determining benefits payable. Actuarial valuations. Method of allocating gains and losses. Absence from service, rejoining service and secondment. Portability of benefits and transfer values-method of receiving or transferring a member's accrued benefits from or to another fundlscheme. Forms of pension (default and optional). Method of annuitization. Pension increases. [The inclusion of this page is authorized by L.N. 17120091
THE PENSIONS (SUPERANNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION, LICENSING AND REPORTING) REGULATIONS, 2006 30. Full terminationlwinding up of the fundscheme-circumstances in which the fundscheme can be wound-up and the method by which the surplus .is to be allocated consequent on such winding-up. 3 1. Partial termination of the fundlscheme. 32. The treatment of surplus during the existence of the fundscheme or on partial winding up; and 33. Particulars of any predecessor funddschemes under which members may be entitled to benefits. The Constitutive Documents of fundscheme may also address the following- (a) Closure of fundscheme to new members; (b) Sale, bankruptcy, liquidation of Sponsor(s); (c) Amalgamation, reconstruction of Sponsor(s); and (4 Consolidation and separation of funds or schemes. (Regulation 2) An information folder shall include the following information- (a) a description of a scheme's operation; (b) the fees and deductions for taxes management and other expenses and shall highlight changes made during the plan year; (c) the scope and limitation of investments of the scheme indicating the intended composition of the portfolio of the scheme according to the class of investments; (4 a description of the application of earnings of the scheme and an explanation of risks; and (e) a statement setting out the list and respective values of the categories of assets and securities in the scheme over the previous five plan years and the rates of return earned on a time-weighted basis for each year and the cumulative five year period. [Tlie i~iclusio~i of tliis page is autliorized by L.N. 17/2009]
THE PENSIONS fSUPERANNUATION FUNDS AND RETIREMENT SCHEMES) (REGISTRATION. LICENSING AND REPORTING) REGULATIONS. 2006 FOURTH SCHEDULE TABLE OF FEES (Regulation 3) *Commencement means the date on which the Regulations come into operation. SEFMCE UCENSING Investment Manager (determined by assets as at December 31, immediately prior to renewal date) APPLICATION