Country Manuals Private Banking –
Dear Client,
We would like to inform you that BRP has updated its COUNTRY MANUAL PRIVATE BANKING for the following jurisdiction:
- GIBRALTAR OUT OF BANK’S COUNTRY OF ESTABLISHMENT (DEF, RS, BT & RT)
| SOURCE OF CHANGES | ANSWERS |
|---|---|
| Law / Regulation | NO |
| New Position of the Authorities | NO |
| Evolution of Expert’s interpretation | YES |
Regulatory Template, Regulatory Summary and Behaviour Template
Material changes
We have reviewed the documents following consultations with our local counsel and can confirm that there have been no relevant regulatory changes since the last publication of this country manual.
Non-material changes
Several comments have been slightly reworded (without introducing material changes) to reflect the regulatory situation/current interpretation of the regulatory framework more accurately.
Additional comments have been added in the Behaviour Template (without introducing material changes) in order to better reflect the wording of the Regulatory Template.
For debit and credit card related activities an additional comment has been added where the answer is Grey zone/YES to emphasis that there should not be any targeting of the local market in Gibraltar by a foreign Bank. This is in order to avoid any perception that the Bank is providing payment services in Gibraltar itself.
For Lombard credit activity with qualified clients on a reverse solicitation basis undertaken by remote means, the answers are now YES – Gibraltar consumer credit restrictions would not apply to such activity, and it is assumed that such activity is on a one-to-one basis.
Implications for business relations with third parties
With respect to the provision of documentation to an EAM (such as documentation on the Bank’s banking and investment services, investment research and financial analysis or recommendation lists), our country manual now distinguishes between provision to an EAM for remittance to the end client on one hand and provision to an EAM for the EAM’s own professional purposes on the other hand. The answers have been amended accordingly.
Regulatory Summary
This document has now a more user-friendly layout and reflects the changes contained in the RT.
BT Short Comparison
BRP has created a comparison document allowing users to quickly identify the modifications made compared to the previous version of the PB Manual (BT Short Comparison). The BT Short Comparison can be found on BRP’s platform (mybrponline) in the Search tab by entering in the Document Field “CM PB BT SHORT COMP” and “GIBRALTAR” in the Target Country Field.
The BT Short Comparison should be read as follows:
The first column contains a short description of the activity in question. The second column contains the answers of the previous version of the Country Manual (online until the day of the alert). The third column contains the new answers of the most recent version of the Country Manual. Only the modified answers are displayed (in color). If the answers in the new version are unchanged compared to the previous version, they are shaded in grey.
For more information, please contact us: info@brpsa.com
Best regards,