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Fiduciary Supervision Policy and Innovations Division Productivity, Prosperity & Panorama Gillian Browning, Director Eamonn Finnerty, Deputy Director Copyright of Guernsey Financial Services Commission

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Page 1: Fiduciary Supervision Policy and Innovations Division - Guernsey Financial Services ... · 2016. 11. 4. · Guernsey Financial Services Commission Financial Crime Risk Governance

Fiduciary Supervision Policy and Innovations Division

Productivity, Prosperity & Panorama

Gillian Browning, DirectorEamonn Finnerty, Deputy Director

Copyright of Guernsey Financial Services Commission

Page 2: Fiduciary Supervision Policy and Innovations Division - Guernsey Financial Services ... · 2016. 11. 4. · Guernsey Financial Services Commission Financial Crime Risk Governance

Presentation Overview

• Productivity• A look back

• Prosperity• Overview of the sector

• Panorama• A look forward to 2016

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Page 3: Fiduciary Supervision Policy and Innovations Division - Guernsey Financial Services ... · 2016. 11. 4. · Guernsey Financial Services Commission Financial Crime Risk Governance

Productivity – How?

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EngagementPRISMPRISM

IntelligenceIntelligence

Data Returns

Data Returns

Open Breakfast

Open Breakfast

InternationalInternational

Industry Consultation

Industry Consultation

Page 4: Fiduciary Supervision Policy and Innovations Division - Guernsey Financial Services ... · 2016. 11. 4. · Guernsey Financial Services Commission Financial Crime Risk Governance

Productivity – External Perspective

Mark Pattimore, Chairman Guernsey Association of Trustees (GAT)

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Page 5: Fiduciary Supervision Policy and Innovations Division - Guernsey Financial Services ... · 2016. 11. 4. · Guernsey Financial Services Commission Financial Crime Risk Governance

Productivity – NRFSB

• Foundations built with the NRFSB Questionnaire• Four work streams:

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Risk Analysis

Lending

Signposting

Stakeholder engagement

Page 6: Fiduciary Supervision Policy and Innovations Division - Guernsey Financial Services ... · 2016. 11. 4. · Guernsey Financial Services Commission Financial Crime Risk Governance

Productivity – 2015 Recap

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Risk Based Supervision

PRISM

Innovations

Online Submission

Policy Development

AML Visits

Thematics

Page 7: Fiduciary Supervision Policy and Innovations Division - Guernsey Financial Services ... · 2016. 11. 4. · Guernsey Financial Services Commission Financial Crime Risk Governance

The Public TrusteeThe functions of the Public Trustee shall be……it is necessary or desirable for him so to act –

(A) for the purposes of preserving the trust assetsor otherwise in the interests of the beneficiaries ofthe trust; or(B) for the protection or enhancement of thereputation of the Bailiwick;

The Public Trustee (Bailiwick of Guernsey) Law, 2002 PART II. 2 (1) (a) (iii).

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Page 8: Fiduciary Supervision Policy and Innovations Division - Guernsey Financial Services ... · 2016. 11. 4. · Guernsey Financial Services Commission Financial Crime Risk Governance

Productivity – Fiduciary Staff Employed v Turnover

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2,220 2,162 2,219

1,227 1,197 1,206

-

50,000,000

100,000,000

150,000,000

200,000,000

250,000,000

300,000,000

350,000,000

400,000,000

450,000,000

-

500

1,000

1,500

2,000

2,500

3,000

3,500

4,000

4,500

2013 2014 2015

Employees - regulated activity Employees - other activities Turnover

Turnover £Staff

Page 9: Fiduciary Supervision Policy and Innovations Division - Guernsey Financial Services ... · 2016. 11. 4. · Guernsey Financial Services Commission Financial Crime Risk Governance

Productivity – Turnover & appointments

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£0

£50,000,000

£100,000,000

£150,000,000

£200,000,000

£250,000,000

£300,000,000

£350,000,000

£400,000,000

0

5,000

10,000

15,000

20,000

25,000

30,000

35,000

2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015

App

oint

men

ts

Trusteeships DirectorshipsFull

Turnover

Page 10: Fiduciary Supervision Policy and Innovations Division - Guernsey Financial Services ... · 2016. 11. 4. · Guernsey Financial Services Commission Financial Crime Risk Governance

Copyright of Guernsey Financial Services Commission

Total number of fiduciary licensees = 187

Total number of fiduciary licensees = 192

2013

37

17

66

42

25

2014

41

68

39

18 26

International financial group

Privately owned - local

Personal Fiduciary Licensees

Lawyers and accountants

Privately owned - overseas

2015

38

69

43

2123

Total number of fiduciary licensees = 194

Productivity – Total Fiduciary Licensees

Page 11: Fiduciary Supervision Policy and Innovations Division - Guernsey Financial Services ... · 2016. 11. 4. · Guernsey Financial Services Commission Financial Crime Risk Governance

Assets £

Internationalfinancial group

Lawyers andaccountants

Privately owned -local

Privately owned -overseas

2013 2014 2015

Productivity – Distribution of assets

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Page 12: Fiduciary Supervision Policy and Innovations Division - Guernsey Financial Services ... · 2016. 11. 4. · Guernsey Financial Services Commission Financial Crime Risk Governance

USA3.8%

Bermuda, Caribbean

& Latin America

0.2%

Africa1.5%

Middle East6.7%

Russia1.8%

China1.3%

Europe17.2%

Asia & Far East1.4%

UK36.2%

Local19.6%

Productivity – Location of new business

South America

0.2%

Other 10.2%

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Page 13: Fiduciary Supervision Policy and Innovations Division - Guernsey Financial Services ... · 2016. 11. 4. · Guernsey Financial Services Commission Financial Crime Risk Governance

Prosperity – Thematic

Scope and objectivesFiduciary decision making in respect of assetsunder trust• Questionnaire sent to all full fiduciary licensees• Site visits to 8 licensees• Our objective was to identify and share good

practice

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Page 14: Fiduciary Supervision Policy and Innovations Division - Guernsey Financial Services ... · 2016. 11. 4. · Guernsey Financial Services Commission Financial Crime Risk Governance

Good practice• Well developed investment review processes• Intelligent use of third parties within the review

processAreas for improvement• Increased transparency – fees and retrocessions• Detailed minutes – including the rationale behind

decisions• Measurable trust objectives

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Prosperity – Thematic (continued)

Page 15: Fiduciary Supervision Policy and Innovations Division - Guernsey Financial Services ... · 2016. 11. 4. · Guernsey Financial Services Commission Financial Crime Risk Governance

Prosperity – Role play

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Page 16: Fiduciary Supervision Policy and Innovations Division - Guernsey Financial Services ... · 2016. 11. 4. · Guernsey Financial Services Commission Financial Crime Risk Governance

Prosperity – Summary of themes

1. Governance challenge from newownership structure

2. Key man risk

3. Outsourcing function v. responsibility(which could indicate culture at firm)

4. Appropriate PII policy

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Page 17: Fiduciary Supervision Policy and Innovations Division - Guernsey Financial Services ... · 2016. 11. 4. · Guernsey Financial Services Commission Financial Crime Risk Governance

Guernsey Financial Services Commission

Financial Crime Risk

Governance Risk

Operational Risk

Conduct Risk

Strategy / Business Model Risk

Capital Risk

Overall Risk

Insurance Risk

Liquidity Risk

Environmental Risk

0 20 40 60 80 100 120 140 160

Prosperity – RMP actions since go live

Page 18: Fiduciary Supervision Policy and Innovations Division - Guernsey Financial Services ... · 2016. 11. 4. · Guernsey Financial Services Commission Financial Crime Risk Governance

Fiduciary Duty in

respect of Tax advice

Client Money/Assets Data Security RATS

Outsourcing Trustee

Investment Duty

Financial Resources

RequirementClient Take

On

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Panorama – Potential Thematic Reviews

Page 19: Fiduciary Supervision Policy and Innovations Division - Guernsey Financial Services ... · 2016. 11. 4. · Guernsey Financial Services Commission Financial Crime Risk Governance

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Risk Based Supervision

PRISM

Online services

Open to Innovation

Robust Authorisations

Gatekeeper

Revision of Laws

GIFCSTCSP Standard

Panorama – 2016 expectations