2017-08-24 | 29576

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Fit and Proper Requirements under Sections 33(1) and (2), Section 21(8)(B), and the Second Schedule of the Financial Institutions Act, 2008

The Central Bank of Trinidad & Tobago requires licensees under the Financial Institutions Act, 2008 to submit an annual schedule of directors, controlling shareholders, significant shareholders, and officers as of December 31. This submission must include a current organization chart and updated Pre-Qualification Documents (PQDs) for any persons with changed status, with the first deadline set for January 31, 2018. Additionally, all new appointees to these positions must submit completed PQD forms to the Inspector of Financial Institutions within seven days of appointment.

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CENTRAL BANK OF TRINIDAD & TOBAGO Eric Williams Plaza, Independence Square, Port-of-Spain, Trinidad, Trinidad and Tobago Postal Address: P.O. Box 1250 Telephone: (868) 625-4835; 4921; 5028; Fax: (868) 627-4696 E-Mail Address: info@central-bank.org.tt Website: www.central-bank.org.tt

January 12, 2018

CIRCULAR LETTER TO ALL FINANCIAL INSTITUTIONS LICENSED UNDER THE FINANCIAL INSTITUTIONS ACT, 2008

REF: CB-OIFI-81/2018

"FIT AND PROPER" SECTION 33(1) AND (2), SECTION 21(8)(B) AND THE SECOND SCHEDULE OF THE FINANCIAL INSTITUTIONS ACT, 2008

This is to advise that each licensee should submit to this Office on an annual basis a schedule of all persons who, according to the definitions of the Financial Institutions Act, 2008 (the Act), are deemed to be its directors, controlling shareholders, significant shareholders and officers¹. This schedule should be referenced as at December 31 of each year. A current organization chart depicting the names, positions and reporting lines of each officer should also be submitted.

Licensees are required to indicate on the schedule, whether there are changes to the declared status and information of persons appearing on the schedule and submit updated PQDs for those persons as appropriate. The schedule pertaining to December 31, 2017, should be submitted to the Inspector of Financial Institutions no later than January 31, 2018. Soft copies must be submitted electronically to lmurray@central-bank.org.tt.

The Central Bank advises licensees to take note of the provisions in sections 33(1) and 33(2) of the Act regarding persons who are debarred from management. Section 33(1) debars such persons without the express approval of the Central Bank and section 33(2) states that persons meeting the criteria in that section shall not be concerned in any way in the management of a licensed institution or financial holding company.

Finally, the Central Bank reminds licensees of the requirement that all new appointees to the above-mentioned positions should complete PQD forms and submit same to the Inspector of Financial Institutions within seven (7) days of appointment in accordance with the provisions of section 21(8)(b) of the Act.

Your usual cooperation is anticipated and we ask that you acknowledge receipt of this circular letter by signing, dating and returning a copy of the letter.

Yours sincerely

[Signature]

Patrick Solomon INSPECTOR OF FINANCIAL INSTITUTIONS


¹ Refer to Section 2 of the Act for the definitions of controlling shareholder, significant shareholder and officer.

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