Event Based Filing Guide
The following Guides summarise most of the filing, event-based reporting and notification obligations of various types of registrants and/or licensees pursuant to the Financial Services Commission Act, 2010-21, Securities laws and guidelines. These Guides have been provided for information purposes only.
Type of Entity | Type of Record | Submission Deadline | Legislation | Reference |
Financial Institution | Written notice with reasons of its failure to appoint an auditor; or if it intends to terminate the appointment of its auditor | Financial Services Commission Act, 2010-21 | Section 11(3) | |
Reporting Issuers | Statement setting out Material Changes | No Later than 7 days after such changes | Securities Act, Cap. 318A | Section 60(3) |
Reporting Issuers | Copy of Material sent to the security holder of the reporting issuer in duplicate | Within 24 hours after the reporting issuer sends the information to its security holder | Securities Regulations, 2002 | Regulation 57(3) |
Mutual Funds | Change of its registered office or its principal office as the case may be | Within 7 days of the occurrence of such change | Mutual Funds Act, Cap. 320B | Section 13(a) |
Mutual Funds | Change of its operator | Within 7 days of the occurrence of such change | Mutual Funds Act, Cap. 320B | Section 13(b) |
Mutual Funds | Material Change to its structure, organisation or administration | Within 7 days of the occurrence of such change | Mutual Funds Act, Cap. 320B | Section 13 (c) |
Mutual Fund Administrators | Notice of intention to change of principal office or any agent | Prior to change | Mutual Funds Act, Cap. 320B | Section 23(1)(d) |
Mutual Fund Administrators | Notice that the minimum surplus referred to in section 23(1)(e) is not maintained and the extent of the deficiency | Immediately | Mutual Funds Act, Cap. 320B | Section 23(1)(f) |
Mutual Fund Administrator | Written notice with reasons of its knowledge and belief that a mutual fund to which it provides a principal office or a promoter or operator is or is likely to become unable to meet its obligations as they fall due; is carrying on business otherwise than in accordance with this or any other Act; or is carrying on business in a manner that is or is likely to be prejudicial to investors or creditors of the mutual fund | Immediately | Mutual Funds Act, Cap. 320B | Section 29(1) |
Mutual Fund Administrator | Notice of desire to cease or suspend dealing in shares | Immediately | Mutual Funds Regulations 2002 | Regulation 12(4) |
Mutual Fund Administrator | Written notice with reasons of failure to appoint an auditor; or intention to terminate the appointment of its auditor | Mutual Funds Regulations 2002 | Regulation 20(1) | |
Auditor of Mutual Funds / Mutual Fund Administrator | Written notice with reasons of its knowledge and belief that a mutual fund or the mutual fund administrator is carrying on business without keeping sufficient or accurate records to allow its accounts to be properly audited; or is carrying on business or is winding up its business in a manner that is prejudicial to investors or creditors | Immediately | Mutual Funds Act, Cap. 320B | Section 53 |
Agent of Mutual Fund | Cessation or suspension in redemption of shares and reason for such cessation of suspension | Immediately | Mutual Funds Act, Cap. 320B | Section 30(3)(f) |
Operator of Mutual Fund | Notification of any decision to remove the administrator | Within 7 days of the decision | Mutual Funds Regulations 2002 | Regulation 18(2) |
Auditor of a Financial Institution | Written notice of his resignation before the expiration of his term of office; or determination not to seek re-appointment | Forthwith | Financial Services Commission Act, 2010-21 | Section 11(5) |
Auditor of a Financial Institution | Report instance where the operations of a financial institution might not in his opinion by in compliance with the requirements of the Financial Services Commission Act, the regulations, the guidelines or the specified enactments | Financial Services Commission Act, 2010-21 | Section 11(7) | |
Auditor of a Financial Institution | Report matter where in the course of an audit an auditor has reason to believe that a crime involving fraud, theft or any other offence involving dishonesty or money laundering or the financing of terrorism has been, or is being or is likely to be committed. | Without delay | Financial Services Commission Act, 2010-21 | Section 11(8) |