Disclosure Requirements - Investment Funds - British Virgin Islands
Disclosure Category: 2
In the case of holding investment funds in British Virgin Islands, Clearstream Banking S.A (“CBL”) may be required under the laws and regulations of British Virgin Islands to disclose, upon request, information and holdings on CBL customers and ultimate beneficial owners.
In order to comply with the local legislation, customers holding British Virgin Islands investment funds or entering into transactions in the British Virgin Islands market must consent and are hereby deemed to consent to the required legal disclosure. Such consent includes the appointment of the requestor (for example, the Fund Manager, Transfer Agent, Regulator) as their attorney-in-fact, under power of attorney, to collect from CBL the required information to be disclosed. Customers who do not grant such authority cannot hold such investment funds or financial instruments in their accounts with CBL.
Customers are advised that under local laws and regulations, investment funds and its agents may require CBL, on request, to disclose information on CBL customers and ultimate beneficial owners. This is particularly the case where the fund is managed and / or distributed by a financial institution regulated by the Financial Services Commission (the FSC) in British Virgin Islands, and is required to comply with local regulatory requirements.
Background and legal basis
Disclosure of information on CBL customers and ultimate beneficial owners may arise from the following British Virgin Islands laws and regulations:
- Beneficial Ownership Secure Search System Act, 2017
- Proceeds of Criminal Conduct Act, 1997
- Anti-Money Laundering Regulations, 2008
Non-compliance with the disclosure requirements may result in the fund manager or its agent refusing acceptance of the proposed investment, mandatory redemption of the existing holdings, filing of suspicious activity report with the relevant authority and units/shares may be frozen pending investigation.
The information contained in the Disclosure Requirements is based on the legal opinion obtained by CBL that was issued on 29 October 2020. CBL believes the information to be correct as of that date but disclaims any responsibility as to the accuracy and completeness of the information after that date. In the case of discrepancy between the information provided by CBL and the local laws and regulations, the latter shall prevail. The Disclosure Requirements do not constitute legal advice and customers should seek advice from independent professional counsel.
Customers are responsible for ensuring compliance with the disclosure requirements and agree to indemnify and hold harmless CBL, for any loss, expense, liability, damage or claims, whether direct or indirect, against or incurred by CBL arising out of or resulting from such non-compliance.