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Approval of Trust Company Fees Order 2006.

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

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  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

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A decision made (24/10/2006) regarding Approval of Trust Company Fees Order 2006.

Subject:

Approval of Trust Company Fees Order 2006

Decision Reference:

MD-E-2006-0184

Exempt clause(s):

 

Type of Report:

(oral or written)

Written

Person Giving Report (if oral):

 

Telephone or

e-mail Meeting?

 

Report

File ref:

 

Written report – Title

Financial Services (Trust Company Business (Registration and Fees)) (Amendment) (Jersey) Order 2006

Written report – Author

(name and job title)

Paul de Gruchy, Director, Finance Industry Development

Decision(s):

To approve the Financial Services (Trust Company Business (Registration and Fees)) (Amendment) (Jersey) Order 2006, with a view to the Order coming into effect on 1 December 2006, and the proposed increase in fees taking effect from 1 January 2007.

Reason(s) for decision:

The Order proposes an average increase in fees payable to the Commission by registered trust company businesses of 23%. This is the first such increase in 3 years, and is in excess of the rate of inflation during that period. The two main reasons for the need for such an increase are the trend for consolidation among trust companies that has reduced the number of registered entities and the relatively high regulatory risk that is associated with trust companies.

Although the proposed fee increase is not welcomed by the finance industry, JATCo have confirmed that they understand the rationale for the increase and do not object to the Order being made. The proposed fee increase would enable the Commission to continue to supervise trust companies, using a risk-based approach, at a level the Commission considers appropriate.

Action required:

Minister to sign, date and seal the Order and the Director, Finance Industry Development to notify the States Greffe, the Departmental liaison officer, the Commission and the law draftsman before forwarding the Order to the Greffe for archiving.

Signature:

Senator P.F.C.Ozouf

(Minister)

Date of Decision:

24 October 2006

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