Kane Jurisdictions: Cayman Islands

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Cayman Islands - Country Background

Discovered by Christopher Columbus in 1503, the Cayman Islands are a group of Islands lying in the Caribbean Sea, south of Miami, Florida and west of Montego Bay, Jamaica. The capital and business centre is George Town, located on Grand Cayman, which is the largest of the three islands.

The Cayman Islands are considered one of the leading offshore financial jurisdictions world-wide and home to 40 of the world's top 50 banks. In recent years, there have been a number of significant developments, including the formation of the Cayman Islands Monetary Authority and the establishment of the Cayman Islands Stock Exchange ("CSX") in 1997, which is now one of the fastest growing stock markets world-wide, offering listing facilities for institutional products with current listings in excess of 3,000.

The success of Cayman's financial services is attributed to its sound regulatory regime, political and economic stability, and tax neutral platform, supported by highly skilled and experienced service providers. Additionally, the Cayman Islands is vigilant in ensuring adherence to recognised and relevant international standards, and is committed to supporting global efforts to fight financial crime.

Interested in Setting Up a Captive in the Cayman Islands?

Call Linda Haddleton +1 345 914 2261 or email Linda at linda.haddleton@kane-group.com

 

For more information visit:

Regulatory Body - Cayman Islands Monetary Authority

General Information

Government
British Crown Colony with effective self - government.

Legal
English common law supplemented with local statutes.
 
Taxation
There are no income, capital gains, estate or any form of taxes on individuals or corporations.

Currency Control
Companies incorporated in Cayman are not subject to any form of currency or monetary control. They may trade and maintain bank accounts in any currency or country and are completely free to remit, repatriate or otherwise transfer funds.

Regulatory Environment
All insurance activities are subject to the Insurance Law (2008 revision). The Cayman Islands Monetary Authority has the responsibility of regulating the insurance industry, this includes licensing, ongoing supervision, and enforcement.

Licences
Captive companies operate under Class B insurer's licences either Restricted (parent or group business only) or Unrestricted (any business).

Insurance Manager
Every Class B licensee must appoint a licensed Insurance Manager to maintain its books and records.

Auditors
Every licensed insurer must appoint an independent, approved auditor to report annually on the financial statements of the insurer.

Net Worth Requirements

 

Restricted Class B Licence

No minimum laid down

Unrestricted Class B Licence

USD120,000 for general business
USD 240,000 for long term business
USD 360,000 for general and long term combined

Solvency Margins
Apart from the minimum net worth requirements, there are no further solvency requirements nor are there any specific ratios set out in the Insurance Law limiting the amount of premiums which may be assumed by a licensee relative to its capital and surplus. These issues are agreed with the regulators at the time of licensing and are contained in the Business Plan.

Licensing Process
Applications for a licence are made on the approved form and take approximately 4-5 weeks to process.

Directors
There is no legal requirement to appoint local directors or hold meetings in Cayman. In practice director's meetings take place annually and at least every two years should be held on the island in order to hold a prudential meeting with the regulator.

Captive Costs
These will vary according to the size and complexity of the company and the following are intended as guidelines only:

Range

Low

High

Application and Annual Operating Costs (Registrar of Companies and Cayman Islands Monetary Authority)

USD 11,100

USD 13,376

In addition to the costs specified above, initial costs will include legal and tax advice. On an ongoing basis and depending on requirements of the business, annual fees will be charged to cover management fees, directors' fees, annual auditors' charges as well as investment management and consultants' fees.

The information in this document is intended as a general overview of jurisdictional requirements at the time of publication. It is not to be construed as legal advice or opinion and persons reading this publication are advised to obtain independent legal, accounting or tax advice on this regard.