Financial Services Regulation 2025

Last Updated November 20, 2025

Cayman Islands

Law and Practice

Authors



Claritas Legal is a Cayman Islands-based boutique law firm specialising in financial services regulation, compliance and litigation. Founded in 2022 by Elisabeth Lees, Katie Pearson and Justine Plenkiewicz, the firm unites decades of senior-level regulatory, legal and supervisory experience within the jurisdiction. Claritas Legal advises banks, corporate services providers, investment managers, funds and insurers on all aspects of Cayman Islands regulatory compliance and enforcement. The team acts in regulatory investigations, self-disclosures, inspections and remediation, and provides independent representation in complex financial services disputes, including enforcement action and public law challenges. Claritas Compliance, the firm’s dedicated compliance arm, supports regulated entities in developing and maintaining robust governance, risk and compliance frameworks. Its work includes AML/CFT audits, business risk assessments, regulatory readiness reviews and ongoing advisory support. Together, Claritas Legal and Claritas Compliance deliver integrated, conflict-free solutions that help financial services clients navigate Cayman’s evolving regulatory landscape with clarity and integrity.

The key pieces of financial services law in the Cayman Islands are outlined below:

  • The Monetary Authority Act (2020 Revision) establishes the Cayman Islands Monetary Authority (CIMA) and gives it powers to licence, supervise, and enforce compliance in the financial sector.
  • The Banks and Trust Companies Act (2025 Revision) regulates banking and trust business.
  • The Companies Management Act (2025 Revision) governs company management and corporate service providers.
  • The Insurance Act, 2010 (as amended), regulates insurance and reinsurance businesses, including captives, and insurance intermediaries.
  • The Mutual Funds Act (2025 Revision) regulates mutual funds and mutual fund administration services.
  • The Private Funds Act (2025 Revision) brings closed-ended investment funds (eg, private equity and venture capital vehicles) under CIMA oversight.
  • The Securities Investment Business Act (2020 Revision) (SIBA) regulates securities investment businesses, including investment managers, advisers, dealers and market makers.
  • The Virtual Asset (Service Providers) Act (2024 Revision) (VASP Act) regulates crypto/digital asset service providers.
  • The Money Services Act (2024 Revision) regulates money transmission, currency exchange, and related payment services under CIMA supervision.

The above laws are known as the Regulatory Laws and are administered by CIMA. In addition, the Cayman Islands regulatory framework includes laws that aim to counter financial crime:

  • The Proceeds of Crime Act (2025 Revision) (POCA) forms the core of Cayman’s AML/CFT regime and money laundering offences.
  • The Anti-Money Laundering Regulations (2025 Revision) (AMLRs) implement the regulatory obligations for all financial service providers.
  • The CIMA Guidance Notes on the Prevention and Detection of Money Laundering, Terrorist Financing and Proliferation Financing (February 2024), while not directly enforceable, contain CIMA’s interpretive framework for applying the AMLRs, which sets detailed expectations for compliance policies, procedures, and internal controls.
  • The Terrorism Act (2018 Revision) supports the AML/CFT/CPF regime by criminalising terrorist financing.
  • The Proliferation Financing (Prohibition) Act (2017 Revision) supports the AML/CFT/CPF regime by criminalising proliferation financing.
  • The International Tax Co-operation (Economic Substance) Act (2024 Revision) requires in-scope entities engaged in relevant activities to demonstrate adequate economic substance in the Cayman Islands, reinforcing international tax transparency standards.
  • The Beneficial Ownership Transparency Act, 2023 (BOT Act), mandates maintenance of beneficial ownership registers for in-scope companies, ensuring transparency and accessibility to competent authorities.

The Cayman Islands regulates a broad spectrum of financial services through a well-defined, risk-based framework supervised by the Cayman Islands Monetary Authority (CIMA). The regime covers:

  • banking and trust business, including deposit-taking and fiduciary services;
  • company management and corporate services, such as registered office provision and directorship services;
  • investment funds, including both open-ended and closed-ended funds, along with fund administration, investment management, advisory, and brokerage activities under SIBA;
  • the insurance and reinsurance sector, encompassing domestic and international insurers, captives, managers, and brokers, all governed by the Insurance Act, 2010 (as amended); and
  • money service businesses, such as remittance and currency exchange providers, under the Money Services Act (2024 Revision).

More recently, the Cayman Islands has extended regulation to virtual asset service providers, including digital asset exchanges, custodians, and token issuers under the VASP Act. CIMA is also the regulator for VASPs under that Act.

The Cayman Islands regulatory framework for financial services is comprehensive and there are few exemptions from the requirement to seek a licence or registration to carry out a financial service in or from within the Cayman Islands. The main exemptions can be found in the Securities Investment Business Act (SIBA), the Mutual Funds Act (MFA) and the Private Funds Act (PFA).

SIBA requires persons carrying out securities investment business via a legal person formed in the Cayman Islands or through a place of business in the Cayman Islands to seek a licence or registration from CIMA to carry out that activity. Exemptions are listed in Schedule 3 to that Act and in Schedule 2A.

Schedule 3 excludes numerous activities from the scope of the Act including:

  • dealing in securities evidencing indebtedness;
  • issuing, redeeming or repurchasing its own securities;
  • disposing of treasury shares;
  • buying, selling or subscribing for securities solely for risk management purposes (where other conditions are met);
  • buying and selling securities in connection with the disposal of goods or supply of services;
  • incidental activities;
  • employe share or pension scheme;
  • dealing in securities as principal; and
  • giving advice on securities, provided other conditions are met.

Schedule 2A contains a list of persons who do not require a registration under the Act, namely:

  • persons who participate in a joint enterprise with a person licensed or registered to carry on securities investment business;
  • the Cayman Islands Stock Exchange, CIMA and public sector entities in the Cayman Islands; and
  • a person carrying on securities investment business only in the course of acting as director, partner, manager, liquidator, trustee, receiver, executor or administrator of an estate provided that they are not separately remunerated for the carrying on of securities investment business.

The PFA also exempts certain activities from the requirement to register under that Act. These activities are listed in the Schedule to the Act and are referred to as non-fund arrangements. The list includes pension funds, securitisation special purpose vehicles, contracts of insurance, proprietary vehicles, employee incentive schemes, debt issues and debt-issuing vehicles, franchise arrangements, structured finance vehicles, preferred equity financing vehicles and funds listed on a stock exchange.

Finally, under both the MFA and the PFA, investment funds will be exempted from the requirement to seek a licence or registration if:

  • the fund is not incorporated or established in the Islands;
  • the fund makes an invitation to the public of the Islands to subscribe for investment interests via the holder of a licence under SIBA; and
  • either (i) the interests of the fund are listed on a stock exchange recognised by CIMA or (ii) the fund is regulated in an overseas jurisdiction approved by CIMA.

The regulation of crypto-assets in the Cayman Islands is set out under the VASP Act, which brings businesses providing virtual asset services within the supervisory remit of CIMA. Virtual asset services include the issuance of virtual assets and the business of providing one or more of the following services or operations:

  • exchange between virtual assets and fiat currencies;
  • exchange between one or more forms of convertible virtual assets;
  • transfer of virtual assets;
  • virtual asset custody service; or
  • participation in, and provision of, financial services related to a virtual asset issuance or the sale of a virtual asset.

All virtual asset service providers (VASPs) are required to either register with CIMA or seek a licence from CIMA. The licensing regime was recently introduced in April 2025 for higher-risk activities such as custody services and trading platform operations.

The new framework imposes enhanced standards for financial soundness, governance, risk management, and cybersecurity for licencees. Licensed VASPs must also appoint a minimum of three fit and proper directors, reflecting a higher standard than the minimum of two directors required in other sectors of the financial services industry.

In addition to the VASP Act, regulations made under that Act specify the criteria that CIMA uses to determine whether a sale of virtual assets is a sale to the public (which requires authorisation from CIMA). The criteria include whether the sale or offer of virtual assets is advertised, promoted or announced in the jurisdiction in a manner accessible to the public. The regulations also contain the information and fees required to apply for a licence or registration.

CIMA has also issued several regulatory measures, using its powers under Section 34 of the Monetary Authority Act, to regulate the business of virtual asset service providers. These regulatory measures include:

  • a Statement of Guidance on Market Conduct;
  • a Rule on the Obligation for the Provision of Virtual Asset Custody Services and Virtual Asset Trading Platforms;
  • a Rule on Corporate Governance;
  • a Rule and Statement of Guidance on Internal Controls;
  • a Rule and Statement of Guidance on Cybersecurity; and
  • a Statement of Guidance on Nature, Accessibility and Retention of Records.

VASPs also have to abide by the regulatory framework relating to countering financial crime, including the Anti-Money Laundering Regulations and the CIMA Guidance Notes on the Prevention and Detection of Money Laundering in the Cayman Islands.

The primary financial services regulator in the Cayman Islands is CIMA. CIMA draws its powers from the Monetary Authority Act. According to that Act, CIMA’s principal functions include:

  • monetary functions relating to the issuance and redemption of currency notes, and the management of currency reserves;
  • regulatory functions, including regulating and supervising financial services business carried on in or from the Cayman Islands and monitoring compliance with the Anti-Money Laundering Regulations; and
  • co-operative functions, such as providing assistance to overseas regulators.

The Monetary Authority Act also empowers CIMA to issue regulatory measures such as rules, statements of principle and statements of guidance. Finally, the Monetary Authority Act empowers CIMA to issue administrative fines for breaches of Regulatory Laws, the Anti-Money Laundering Regulations and various rules issued by CIMA. In this regard, the Monetary Authority Act is supplemented by the Monetary Authority (Administrative Fines) Regulations.

As stated above, CIMA administers the Regulatory Laws. Each Regulatory Law contains CIMA’s powers in relation to that industry sector, including the powers to grant licences or registrations, collect annual fees, collect periodic returns, carry out on-site inspections and take enforcement action for breaches of regulatory requirements.

In addition to CIMA, several other bodies play key roles in maintaining regulatory integrity and compliance across the industry:

  • The Department for International Tax Cooperation (DITC) oversees compliance with the Economic Substance Act and international tax transparency frameworks, including CRS and FATCA reporting. DITC acts as the Cayman Islands’ Competent Authority for CRS, administers entity registration on the AEOI Portal, and may impose penalties for non-compliance under the CRS Regulations.
  • The Registrar of Companies (ROC) administers the incorporation and registration of companies, partnerships, and other entities, and maintains the beneficial ownership register. ROC enforces filing obligations under the BOT Act 2023 and ensures registered entities comply with statutory disclosure and reporting requirements.
  • The Department of Commerce and Investment (DCI) supervises designated non-financial businesses and professions (DNFBPs), including real estate brokers, dealers in precious metals and stones, company formation agents, and independent directors, for compliance with AML/CFT requirements. All real estate agents and brokers, and dealers in precious metals or stones conducting business in or from the Cayman Islands, must register as DNFBPs.
  • The Cayman Islands Institute of Professional Accountants (CIIPA) regulates the accountancy and audit profession under the Accountants Act (2024 Revision), issuing practising certificates, enforcing ethical and professional standards, and conducting quality assurance inspections. It is a professional and supervisory body, rather than a financial regulator like CIMA.
  • The Legal Services Supervisory Authority (LSSA) oversees AML/CFT compliance and professional conduct within the legal sector under the Legal Services Act 2020, supervising law firms and attorneys conducting relevant financial business for adherence to client due diligence and reporting obligations. Like CIIPA, it is a professional oversight body rather than a financial regulator.

The rules, statements of guidance, and other regulatory measures issued by CIMA are published on its website.

Rules are enforceable; statements of guidance are not.

  • CIMA Rules and Statements of Guidance (SOGs), Statements of Principle, Regulatory Policies and Regulatory Procedures: These set out mandatory requirements and best practices on matters such as corporate governance, internal controls, risk management, outsourcing, cybersecurity, market conduct, and the management of conflicts of interest. CIMA maintains both general rules applicable to all licencees and sector-specific guidance for, inter alia, banks, insurers, fund administrators, and securities firms.
  • CIMA AML/CFT Guidance Notes (February 2024): These provide detailed guidance on CIMA’s expectations relating to the implementation of the Anti-Money Laundering Regulations. The Guidance Notes include explanations of CIMA’s expectations relating to risk-based customer due diligence, ongoing monitoring, and reporting obligations. The Guidance Notes are not directly enforceable; however, the courts may refer to them to assess whether a breach of the Anti-Money Laundering Regulations has occurred. The Guidance Notes may be found on the CIMA website.
  • Cayman Islands Stock Exchange (CSX) Listing Rules: For entities listed on the CSX, these rules govern disclosure, continuing obligations, and corporate governance standards for listed issuers, particularly investment funds and debt securities. They can be found on the CSX website.
  • DCI AML/CFT Guidance for DNFBPs: DCI issues AML guidance for real estate brokers, dealers in precious metals and stones, and company formation providers, aligning non-financial sectors with the same FATF standards applied to financial institutions, which may be found on the DCI website.
  • DITC Guidance Notes and CRS/FATCA Manuals: These outline reporting procedures, definitions, and compliance expectations for entities subject to the Economic Substance Act and international tax information exchange frameworks, and are available on the DITC website under the relevant Framework section.
  • CIIPA Guidance/Inspection Framework/Code of Ethics and Professional Conduct: CIIPA issues guidance and professional standards for the accounting and audit sector under the Accountants Act (2024 Revision). These include AML/CFT guidance for the accountancy profession, quality assurance and inspection frameworks, and ethical and professional conduct standards based on international (IFAC/IESBA) principles. Collectively, these instruments define CIIPA’s supervisory expectations for audit quality, AML compliance, and professional integrity across the accounting sector. They are found on the CIIPA website.
  • LSSA AML/CFT Guidance for Legal Practitioners; CDD/Recordkeeping Guidance: So far, the LSSA has only issued informational or procedural notices and online statements, rather than prescriptive guidance. It is expected to issue directives, procedures, and guidance to help law firms and sole practitioners understand how to comply with AMLRs. The website states that AML Guidance will soon be available on the LSSA website.

The Cayman Islands has substantially implemented the Basel II and Basel III capital adequacy frameworks through CIMA. The Banks and Trust Companies Act allows CIMA to prescribe the rules relating to capital adequacy. CIMA has incorporated the key Basel III capital and liquidity standards into its prudential rules for banks. From 2010, upon the issuance of the Rules, Conditions and Guidelines on Minimum Capital Requirements (Pillar 1), CIMA has required a minimum capital adequacy ratio of at least 10% and a Tier 1 capital ratio of at least 6% for all banks, surpassing the Basel III requirements.

Other components of Basel III are already in force: the Leverage Ratio (effective 1 December 2019) was implemented through the Rule and Statement of Guidance on Leverage Ratio, while the Liquidity Coverage Ratio (LCR) and Net Stable Funding Ratio (NSFR) (effective February 2022) were implemented via the Rule and Guidelines – Liquidity Risk Management. 

Furthermore, effective 23 May 2025, CIMA issued a Rule on Domestic Systemically Important Deposit Taking Institutions (D-SIDTIs). This Rule requires all entities that have been designated by CIMA as being domestic systemically important deposit-taking institutions to maintain a capital buffer for higher loss absorbency purposes. The accompanying Regulatory Policy on Domestic Systemically Important Deposit-Taking Institutions sets out the criteria that CIMA will use to designate D-SIDTIs and calculate the capital buffer requirement. CIMA has a dedicated Basel II Plus/Basel III resource page on its website.

The Cayman Islands Stock Exchange procedures provide for a T+3 settlement cycle. However, trades on the Cayman Islands Stock Exchange are limited and, in practice, investments take place through securities markets in North America, where a T+1 settlement has been implemented.

There are no laws or regulatory rules yet in place to encourage ESG investments or greenwashing. In April 2022, CIMA released a supervisory issues and information circular on environmental, social and governance considerations. This circular is only for information purposes and does not have the force of law. In this circular, CIMA noted the need for investor education on ESG and for investment funds to be aware of ESG-related risks. CIMA has also amended its Fund Annual Return, an annual filing required to be made pursuant to the Mutual Funds (Annual Returns) Regulations and Private Funds (Annual Returns) Regulations, to add ESG as a primary or secondary investment strategy that can be employed by a fund. This change was effective 15 November 2023. Finally, in its Regulatory Update – January to June 2024, CIMA noted it is continuing its ESG efforts through its internal Working Group on climate risk and ESG risks.

To date, CIMA has not issued any official position, guidance or regulatory measure on the use of artificial intelligence.

The Virtual Assets Service Providers Act makes a provision for the issuance of a sandbox licence by CIMA. This sandbox licence regime is not yet in force. When it is activated, a sandbox licence would allow a person intending to carry out an activity connected with virtual assets to apply for a trial licence, for a period of up to one year. The Act allows CIMA to exempt a sandbox licencee from requirements that are otherwise applicable to licenced or registered virtual asset service providers or modify any such requirement. There have been no moves to develop a central bank digital currency in the Cayman Islands.

CIMA has not issued any specific initiatives for vulnerable retail bank customers.

The Cayman Islands participates in the Global Non-Bank Financial Intermediation (formerly known as “shadow banking”) working group hosted by the Financial Stability Board. The Cayman Islands carries out an annual assessment of non-bank financial intermediation activities in the jurisdiction, which are mainly represented by the funds sector.  Given the existing comprehensive regulatory framework in the Cayman Islands for this sector, which includes the regulation of investment fund activities, no proposals have been made to enhance the regulation of non-bank financial intermediation activities.

In the Cayman Islands, any person or entity wishing to carry on regulated financial services business must obtain licensing or registration from CIMA under the relevant statute before commencing operations. The procedure and level of scrutiny vary according to the type of activity, but the core process is broadly consistent across sectors except the funds sector.

It must also be noted that the auditor selected by a prospective licensee or registrant must be approved by CIMA pursuant to CIMA’s Auditor Approval Policy.

Non-Fund Authorisations

Applications are made directly to CIMA via its online REEFS system and must include a detailed business plan, ownership and governance information, due diligence on directors, shareholders and other persons in control functions, such as the money laundering reporting officer and anti-money laundering compliance  officer (including completion of a completed Personal Questionnaire), audited financial statements, and evidence of adequate systems for capital, compliance, and anti-money laundering controls.

CIMA assesses each application for fitness and propriety, financial soundness, and the robustness of internal controls before granting a licence or registration. Many regulatory laws state that CIMA cannot grant a licence if it is not in the public interest to do so. Moreover, CIMA can grant licences or registrations with or without conditions.

CIMA has issued the following regulatory measures to assist potential applicants with their applications for authorisation:

  • Regulatory Policy on Licensing Banks;
  • Regulatory Policy on Registration or Licensing of Virtual Asset Service Providers;
  • Regulatory Policy on Licensing and Approving Money Services Business;
  • Statement of Guidance on Licensing – Unrestricted, Restricted and Nominee Trust Companies;
  • Statement of Guidance on Licensing – Company Managers and Corporate Services Providers;
  • Regulatory Policy – Licensing for Class D Insurers;
  • Regulatory Policy – Licensing for Class B Insurers;
  • Regulatory Policy – Licensing for Class C Insurance Companies;
  • Regulatory Policy – Licensing Insurance Companies;
  • Regulatory Policy – Licensing Insurance Managers;
  • Regulatory Policy – Licensing Insurance Brokers, Agents and Agencies;
  • Regulatory Policy – Licensing Mutual Funds;
  • Regulatory Policy – Licensing Mutual Fund Administrators; and
  • Regulatory Policy – Licensing Securities Investment Business.

Fund Authorisations

In order to register an open-ended fund under the Mutual Funds Act or a private fund under the Private Funds Act, applicants must complete an application form on the REEFS portal. The application must also attach:

  • the fund’s certificate of incorporation;
  • a Fund Administrator’s Letter of Consent;
  • the Fund’s Auditor’s Letter of Consent;
  • Offering Document; and
  • MLRO Application Form.

The application must be accompanied by the required fees.

In addition, all funds must appoint a local auditor (one with a physical presence in the Cayman Islands) pursuant to CIMA’s Local Auditor Sign-Off Policies (for Funds and Private Funds).

Post Authorisation

Once authorised, financial service providers (FSPs) are subject to ongoing supervision through prudential reporting, annual audits, and periodic inspections, and must obtain prior approval for any material change in ownership, management or business plan. In addition, many sectors, such as banks, insurance companies, securities investment businesses and company managers, are subject to continuing financial resource requirements. These regulatory requirements seek to ensure that all regulated entities meet the jurisdiction’s standards of competence, integrity, and sound governance, and allow licensees and registrants to operate in a fit and proper manner, on an ongoing basis.

The time required to obtain authorisation from CIMA depends on the type and complexity of the application. Straightforward registrations, such as private funds or mutual funds, are typically processed within one to three weeks once all documentation is complete. More complex licence applications, for banks, insurers, securities investment businesses, or VASPs, usually take between two and six months, depending on the responsiveness of the applicant and whether CIMA requests further information or amendments.

Application and annual fees are prescribed in the relevant regulations to each statute. These range from approximately KYD5,000–KYD10,000 for smaller licensees (such as company managers or insurance brokers) to KYD75,000 or more for banks and large insurers, with additional fees payable for registration of directors, controlled functions, or segregated portfolios. Registered entities, such as mutual funds and private funds, pay lower one-off and annual fees (generally between KYD300 and KYD4,000 depending on structure).

In practice, applicants should budget for two to six months to complete the licensing process and to meet both the CIMA application fees and the annual supervisory and renewal fees required under the relevant regulatory law.

Senior officers, directors, and controllers of regulated FSPs in the Cayman Islands are subject to oversight by CIMA. Under the relevant Regulatory Laws, these individuals must meet CIMA’s fit and proper standards of honesty, integrity, competence, and financial soundness. Applicants for key roles such as directors, shareholders with significant influence, and compliance or AML officers, must submit Personal Questionnaires (PQs) and undergo due diligence before approval. The Fitness and Propriety Assessment Process is described in CIMA’s Regulatory Policy and Regulatory Procedure on Fitness and Propriety. This process applies to directors or proposed directors of all entities except mutual funds registered or licensed under the Mutual Funds Act and registered persons under the SIBA.

Directors of mutual funds and registered persons under SIBA are required to register or be licensed under the Directors Registration and Licensing Act [Act 10 of 2014]. The registration process is available to natural persons who hold fewer than 20 directorship appointments, while natural persons who hold 20 or more appointments, as well as corporate directors, must seek a licence under this Act. CIMA monitors directors on an ongoing basis and may refuse, revoke, or condition approvals, ensuring that only suitably qualified and trustworthy persons manage regulated entities.

In relation to the liability of partners, directors and officers of regulated entities, the Regulatory Laws state that where an offence is committed by a regulated entity with the consent or connivance of a director or partner, or is attributable to any neglect on their part, the director or partner, as the case may be, also commits the offence and is liable to be proceeded against and punished accordingly.  Furthermore, the Monetary Authority Act allows CIMA to impose an administrative fine on a director, manager, secretary or similar officer of a body corporate for breaches of the regulatory framework if the breach was committed with their consent or connivance or was attributable to any neglect on their part.

Several reforms are expected to further shape the Cayman Islands’ financial services landscape over the coming year.

Regulations under the Proceeds of Crime Act related to the defence against money laundering regime (DAML) are expected to be issued. Those regulations would provide helpful guidance to industry on how they should operationalise the DAML regime, which came into force in January 2025.

The VASP Act (2024 Revision) has now entered its full licensing phase, and CIMA is expected to issue additional rules and conduct standards as the regime moves into full implementation, alongside the roll-out of the Sandbox Regime. In addition, in relation to the VASP sector, the  government is developing a legislative framework to accommodate tokenised investment funds, integrating digital issuance and custody within the existing funds legislation as opposed to the VASP Act.

CIMA is also expected to enhance the supervisory regime for credit unions and the Development Bank and issue further guidance on ESG, and to finalise a new rule on recovery and resolution planning for deposit-taking institutions and Class A (domestic) insurers and Class D (reinsurers) incorporated in the Cayman Islands.

Further refinements are expected under the Beneficial Ownership Transparency Act and associated regulations to enhance the clarity of the regime in respect of the information that should be provided in the beneficial ownership filing, the process for issuing restriction notices and who can access the information in the beneficial ownership register.

Finally, CIIPA is expected to update its guidance on AML/CFT compliance for the accounting profession in light of the upcoming Caribbean Financial Task Force Assessment of the Cayman Islands in 2027, and the LSSA is preparing to issue its first comprehensive AML/CFT guidance for the legal profession, completing the transition of AML supervision within the sector.

Claritas Legal

454 Eastern Avenue
Grand Cayman
Cayman Islands

info@claritaslegal.com www.claritaslegal.com
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Trends and Developments


Authors



Claritas Legal is a Cayman Islands-based boutique law firm specialising in financial services regulation, compliance and litigation. Founded in 2022 by Elisabeth Lees, Katie Pearson and Justine Plenkiewicz, the firm unites decades of senior-level regulatory, legal and supervisory experience within the jurisdiction. Claritas Legal advises banks, corporate services providers, investment managers, funds and insurers on all aspects of Cayman Islands regulatory compliance and enforcement. The team acts in regulatory investigations, self-disclosures, inspections and remediation, and provides independent representation in complex financial services disputes, including enforcement action and public law challenges. Claritas Compliance, the firm’s dedicated compliance arm, supports regulated entities in developing and maintaining robust governance, risk and compliance frameworks. Its work includes AML/CFT audits, business risk assessments, regulatory readiness reviews and ongoing advisory support. Together, Claritas Legal and Claritas Compliance deliver integrated, conflict-free solutions that help financial services clients navigate Cayman’s evolving regulatory landscape with clarity and integrity.

Overview

The Cayman Islands continues to refine its financial services regulatory framework in response to evolving international standards and supervisory expectations. The period from 2025 to 2027 is expected to be defined by enhanced cross-sector regulation across financial crime prevention, virtual asset oversight, and operational resilience, alongside new developments in environmental, social and governance (ESG) considerations, tokenisation, and corporate governance.

The Cayman Islands Monetary Authority (CIMA) has consolidated its risk-based approach to supervision and is increasingly utilising technology and data analysis in its oversight methods. At the same time, the jurisdiction is adapting to broader global initiatives on transparency, sustainable finance, and economic substance. These shifts collectively reinforce Cayman’s position as a jurisdiction seeking to balance market innovation with strong governance and regulatory credibility.

Virtual Asset Service Providers (VASPs): Licensing and Supervision

The Virtual Asset (Service Providers) Act (2024 Revision) (VASP Act) establishes the statutory framework governing virtual asset business in the Cayman Islands. The 2024 Revision implements the second phase (Phase 2) of Cayman’s virtual asset regulatory framework, which transitions certain activities from registration to licensing. It consolidates earlier amendments and introduces additional regulatory enhancements through the Virtual Asset (Service Providers) (Amendment) Act, 2024 (VASP (Amendment) Act 2024), together with the Virtual Asset (Service Providers) (Amendment) Regulations, 2025 (VASP (Amendment) Regulations 2025)).

Phase 2, which commenced on 1 April 2025 under the VASP (Amendment) Act 2024, moved key activities, including virtual asset custody and trading platforms, from registration to full licensing. Any entity providing custodial or trading-platform services in or from the Cayman Islands must now apply for a licence within ninety days of commencement. Entities previously registered under the earlier registration regime are required to transition to full licence status within that period.

CIMA’s powers have been broadened under this amended framework. Key amendments include:

  • a mandatory minimum of three directors, at least one of whom must be independent and meet CIMA’s fit-and-proper standards;
  • enhanced disclosure obligations covering ownership, governance, cybersecurity, internal controls and outsourcing;
  • requirements for segregation of client and proprietary assets, supported by detailed custodial records and appropriate insurance or indemnity cover;
  • explicit supervisory powers for CIMA to impose licence conditions, require remedial action, or suspend operations where material deficiencies are identified;
  • obligations to provide ongoing data and periodic reporting through CIMA’s REEFS platform to support data-driven supervision;
  • a new prescribed licence application process and form introduced under the 2025 Regulations, requiring detailed disclosure of business activities, financial projections, management structure, AML/CFT controls, and cybersecurity measures; and
  • a revised and tiered fee structure introduced under the 2025 Regulations, differentiating between registration and licensing fees and applying scaled annual renewal fees based on revenue and service type.

CIMA’s updated Regulatory Policy on the Registration or Licensing of VASPs (May 2025) reflects these amendments and clarifies how the authority determines whether a business should register, be licensed or seek exemption. It also defines the standards expected for cybersecurity, operational resilience and outsourcing arrangements and confirms CIMA’s authority to enforce remedial measures, issue conditions, or suspend operations, supported by an increased focus on off-site monitoring and data analytics.

Overall, these developments reflect Cayman’s continued alignment with the Financial Action Task Force (FATF)’s Recommendation 15 on virtual assets and service providers, strengthening governance, transparency and investor protection within a proportionate framework. These measures also mark a significant evolution from the initial registration regime and are expected to serve as the foundation for more structured supervision of digital asset businesses in the coming years.

Financial Crime

Cayman’s anti-money laundering (AML), counter-terrorist financing (CTF) and counter-proliferation financing (CPF) regimes continue to mature under the Proceeds of Crime Act (2025 Revision) (POCA), the Anti-Money Laundering Regulations (2025 Revision) (AMLRs), and CIMA’s associated Guidance Notes (February 2024) (the Guidance Notes). Following the FATF’s decision in 2024 to remove the jurisdiction from its “grey list”, CIMA has maintained momentum by conducting increasingly in-depth AML surveys and off-site assessments.

Supervisory reviews increasingly focus on data quality, beneficial ownership (BO) verification, and the management of politically exposed persons (PEPs). The 2025 Revision of the AMLRs consolidates prior amendments and clarifies ongoing monitoring and customer due diligence (CDD) expectations and requirements for business relationships involving virtual assets.

CIMA’s enforcement actions continue to emphasise deficiencies in record-keeping and escalation processes, and the Guidance Notes reinforce expectations that AML/CFT frameworks be demonstrably risk-based, dynamic and subject to documented oversight by senior management.

Beneficial Ownership Regulation

The Beneficial Ownership Transparency Act 2023 (ACT 13 of 2023) (BOT Act), which came into force on 31 July 2024, together with the Beneficial Ownership Transparency Regulations 2024 (BOT Regulations), introduced an updated and expanded regime for BO disclosure. Full enforcement of the new framework commenced on 1 January 2025, following a transitional compliance period. The BOT Act replaced the prior BO framework and now applies to a broader range of entities, including limited partnerships, exempted limited partnerships and foundation companies.

Key features of the BOT framework include:

  • expanded scope to cover additional entity types (“legal persons”), capturing vehicles previously outside the earlier regime;
  • introduction of “alternative routes to compliance” (ARTC), enabling certain regulated, listed or licensed entities to satisfy limited filing obligations instead of maintaining a full beneficial ownership register;
  • implementation of the Beneficial Ownership Transparency (Access Restriction) Regulations 2024 (effective 9 December 2024) and the Beneficial Ownership Transparency (Legitimate Interest Access) Regulations 2024 (effective 28 February 2025), which govern the conditions for public or third-party access to BO data;
  • a new “legitimate interest” test requiring applicants to demonstrate a clear connection to AML, CFT or comparable investigatory purposes before access is granted; and
  • provisions for restricted disclosure where a serious risk of harm to the BO can be demonstrated.

Further amendments introduced by the Beneficial Ownership Transparency (Amendment) Act 2025 (Act 3 of 2025) refine the definition of a BO, expand exemptions to include companies under Section 80 of the Companies Act (2025 Revision) and registered non-profit organisations (NPOs), clarify the duties of corporate services providers (CSPs) and liquidators, and permit specified authorities, including Customs and Border Control and certain foreign competent authorities, to obtain information via the electronic search platform. The Act also introduces new safeguards on data access, including limits for financial institutions and designated non-financial businesses (DNFBPs) and a new Section 22A protecting search records from dissemination under the Freedom of Information Act (2021 Revision).

The BOT Regulations also detail record-keeping, verification and reporting requirements. CSPs are required to ensure that BO data held internally matches submissions to the Competent Authority/Registrar of Companies (ROC) and to update records promptly upon change.

These developments align the jurisdiction with current OECD and EU transparency standards, enhancing co-operation between CIMA, ROC and international competent authorities. The framework is intended to balance global expectations of accessibility and accuracy with the protection of legitimate privacy interests.

Operational Resilience and Cybersecurity

Operational resilience has become a cross-sector priority. While Cayman has not yet introduced a single, codified cybersecurity statute, resilience expectations are now embedded across supervisory frameworks, particularly in licensing processes.

Applicants under the VASP Act must provide comprehensive documentation of cybersecurity controls, incident response plans, and third-party risk management arrangements. CIMA’s supervisory focus has shifted from the existence of policies to the evidence of implementation, including testing results and governance reporting.

Supervisors have also noted the connection between data breaches and AML obligations, as a cybersecurity incident involving client data or transaction records may give rise to reporting duties under financial crime legislation. As a result, many regulated entities now conduct regular penetration testing, red-team simulations and board-level resilience reviews.

This move toward demonstrable resilience reflects the international trend toward outcome-based supervision and positions operational risk as a central measure of compliance effectiveness.

Artificial Intelligence (AI) and Automation

The Cayman Islands has no standalone legislation governing AI, but both the judiciary and regulators are beginning to engage with its implications.

In Bradley & Anor v Frye-Chaikin [2025] CIGC (Civ) 5, the Grand Court cautioned against reliance on unverified AI-generated material and emphasised the continuing duty of human oversight in professional contexts. This decision, although arising from litigation, illustrates an emerging principle that accountability remains with individuals, even when automated systems are employed.

Within financial services, AI and other intelligent data tools are increasingly used in transaction monitoring and risk analysis. CIMA has acknowledged the growing use of AI-based systems and is evaluating how such technologies may align with existing AML regulations, standards of market conduct and operational risk frameworks (as indicated in its updated Guidance Notes). It is anticipated that AI-related governance will, in the short term, be addressed through existing resilience and outsourcing standards rather than through dedicated legislation, in line with CIMA’s existing technology risk and outsourcing standards.

ESG and Sustainable Finance

ESG considerations are becoming increasingly significant in Cayman’s financial-services landscape. While there is no mandatory ESG disclosure regime for domestic funds or service providers, market demand and global investor expectations are driving change.

CIMA has begun collecting information on climate and environmental risk through sectoral surveys, and many fund managers are aligning their disclosures with international standards such as the EU Sustainable Finance Disclosure Regulation (SFDR), according to Cayman industry lawyers. The Cayman Islands Government’s Climate Change Policy 2024–2050 also signals a longer-term policy commitment that may influence supervisory expectations over time.

Fund administrators and directors are therefore encouraged by market practice, rather than formal regulation, to integrate ESG risk into governance, reporting and due diligence processes. As ESG products increase, regulators are likely to ramp up their scrutiny of marketing claims to mitigate “greenwashing” risks.

ESG integration remains a developing theme but is expected to mature into a core component of Cayman’s funds and capital markets ecosystem, driven by investor demand for transparency and expanding international ESG disclosure rules, as noted by Cayman legal and industry experts.

Tokenisation and Digital Securities

The tokenisation of traditional financial instruments has emerged as a key growth area. Cayman structures are increasingly used for tokenised funds and digital finance products, a trend noted by local legal advisers and confirmed by rising CIMA registration activity.

CIMA and the jurisdiction’s financial services industry are assessing how existing regimes, including the VASP Act, the Securities Investment Business Act (SIBA) and the Mutual Funds Act (MFA) apply to such products. Regulators have indicated that tokenised securities and tokenised fund interests will be assessed according to their underlying characteristics, ensuring that existing protections and standards of conduct remain effective regardless of form.

This area demonstrates the broader convergence between fintech and traditional financial regulation. It is anticipated that future guidance will clarify the treatment of tokenised instruments, particularly in relation to custody, valuation and cross-border distribution, in line with CIMA’s stated intention to refine digital asset guidance.

Corporate Governance and Internal Controls

CIMA’s 2023 Rules on Corporate Governance and Internal Controls, which became effective in October 2023, now underpin the Authority’s ongoing supervisory and enforcement strategy. CIMA’s recent regulatory updates and public statements continue to emphasise AML/CFT compliance, data-driven supervision, and enhanced oversight of virtual asset and other higher-risk sectors.

Recent thematic reviews have identified weaknesses in board documentation, oversight of outsourced functions and internal control testing. The Authority has indicated that governance failures, particularly inadequate board minutes or unclear delegation of responsibilities, will be treated as material supervisory concerns. Ongoing enforcement activity likewise underscores CIMA’s view that governance obligations must be substantive, with boards expected to maintain clear evidence of decision-making, oversight and periodic review.

Economic Substance and International Transparency

The Cayman Islands continues to demonstrate its commitment to international tax transparency through the ongoing implementation of the Economic Substance Act (2021 Revision), the Common Reporting Standard (CRS), and country-by-country reporting obligations. Entities undertaking “relevant activities” are required to maintain adequate physical presence, expenditure, and management control within the jurisdiction. These requirements were clarified by the Department for International Tax Cooperation (DITC) in industry advisories and updated Economic Substance guidance, most recently the 29 August 2025 notice on the CbCR portal relaunch.

These developments, alongside reforms introduced under the BOT Act, reflect Cayman’s alignment with OECD and EU expectations. Supervisory co-operation under the International Tax Co-operation (Economic Substance) Act (2024 Revision) has also expanded in 2025, with enhanced protocols for cross-border data sharing and retention, reinforcing Cayman’s role as a co-operative and transparent international financial centre.

Supervisory Approach and Enforcement

CIMA’s supervisory strategy continues to reflect a risk-based, data-driven approach. The regulator continues to expand its use of the REEFS portal for structured reporting and to conduct thematic off-site reviews. Recent enforcement notices highlight a consistent focus on AML systems, governance failings and late reporting.

While enforcement volumes remain moderate, CIMA’s recent activity indicates a shift toward a more formal and transparent approach to supervision. Institutions are expected to demonstrate that compliance frameworks are both operational and periodically tested. The regulator’s communication style is increasingly directive, reflecting a shift from education toward accountability, as evidenced by its recent enforcement circulars and public statements.

Horizon Scanning: Outlook (2026–2027)

For 2026–2027, Cayman’s financial services regulation is expected to focus on adoption of technology-driven supervision, strengthened AML/CFT resilience, and preparations for the 5th Round CFATF Mutual Evaluation. These developments will define supervisory priorities and shape compliance strategies across the sector.

Technology and data in regulatory oversight

The CIMA Strategic Plan 2024-2026 commits to advancing digital infrastructure across supervisory operations, including a stronger focus on data analytics to support risk-based supervision and enhanced technological capabilities. By 2026, CIMA plans to continue modernising its supervisory systems through new technology, aiming to improve the efficiency of licensing, reporting and oversight. The Authority has emphasised that these reforms are intended to improve operational efficiency and regulatory effectiveness, including greater transparency and consistency of oversight.

AML/CFT reinforcement ahead of CFATF evaluation

Cayman’s 2025–2026 National Risk Assessment (NRA), co-ordinated by the Office for Strategic Action on Illicit Finance (OSAIF), forms a central part of its preparation for the 5th Round CFATF Mutual Evaluation scheduled for late 2027.

The assessment will refine sectoral risk ratings and inform targeted mitigation strategies. Early themes include enhanced beneficial ownership verification, stronger controls for VASPs, and more robust cross-border transaction monitoring.

The NRA’s findings will directly guide legislative updates to the AMLRs and supervisory priorities through 2026, ensuring Cayman demonstrates measurable improvement in effectiveness indicators such as risk understanding, supervision and enforcement.

Regulatory alignment with global standards

The Ministry of Financial Services has confirmed continued alignment with international regulatory initiatives, particularly those from the FATF, OECD and EU. Expected developments include:

  • further refinement of the Economic Substance Act and its guidance notes to clarify sector thresholds and enforcement mechanisms;
  • ongoing updates to the Beneficial Ownership Transparency Act to strengthen data quality, verification and international information-sharing; and
  • expansion of automatic exchange frameworks such as CRS and country-by-country reporting, in line with OECD protocols on crypto-asset reporting and digital transparency.

These updates will sustain Cayman’s positioning as a co-operative, high-compliance jurisdiction and respond to evolving peer review criteria.

Sector-specific supervisory enhancements

CIMA has implied through its 2024–26 Plan and industry circulars that upcoming supervisory work will continue to emphasise governance effectiveness, operational resilience and sector-specific risk. For example, CIMA’s inspections in the VASP sector have identified AML/CFT control weaknesses requiring remediation, while thematic reviews in the investment funds sector have highlighted recurring issues in board oversight, valuation governance and internal controls. These developments build on CIMA’s risk-based supervision framework and its sectoral risk-assessment approach. Together, they reflect the Authority’s intention to adapt its supervisory strategy in response to evolving systemic risks. In other sectors such as insurance and fiduciary services, CIMA has encouraged stronger cross-border co-operation and more robust stress-testing frameworks.

Strategic implications for regulated entities

Financial service providers should anticipate:

  • more in-depth reporting and audit trail requirements driven by digital supervision tools;
  • heightened scrutiny of AML/CFT frameworks, beneficial ownership accuracy and outsourcing controls;
  • increased supervisory engagement through CIMA’s online REEFS and RegTech platforms; and
  • targeted governance and resilience expectations across the virtual asset, investment fund and fiduciary sectors.

Conclusion

The Cayman Islands’ financial services regulation is entering a phase of consolidation and adaptation to emerging technologies and international governance standards. The combination of a fully implemented VASP licensing regime, ongoing AML and transparency reforms, and rising expectations around ESG and resilience marks a period of steady but meaningful evolution.

CIMA’s emphasis on governance, data quality and demonstrable compliance effectiveness underscores a broader move toward outcomes-based supervision. Through measured, pragmatic reform, the jurisdiction continues to align with global best practice while maintaining the flexibility and efficiency that underpin its role as a leading international financial centre.

Claritas Legal

454 Eastern Avenue
Grand Cayman
Cayman Islands

info@claritaslegal.com www.claritaslegal.com
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Law and Practice

Authors



Claritas Legal is a Cayman Islands-based boutique law firm specialising in financial services regulation, compliance and litigation. Founded in 2022 by Elisabeth Lees, Katie Pearson and Justine Plenkiewicz, the firm unites decades of senior-level regulatory, legal and supervisory experience within the jurisdiction. Claritas Legal advises banks, corporate services providers, investment managers, funds and insurers on all aspects of Cayman Islands regulatory compliance and enforcement. The team acts in regulatory investigations, self-disclosures, inspections and remediation, and provides independent representation in complex financial services disputes, including enforcement action and public law challenges. Claritas Compliance, the firm’s dedicated compliance arm, supports regulated entities in developing and maintaining robust governance, risk and compliance frameworks. Its work includes AML/CFT audits, business risk assessments, regulatory readiness reviews and ongoing advisory support. Together, Claritas Legal and Claritas Compliance deliver integrated, conflict-free solutions that help financial services clients navigate Cayman’s evolving regulatory landscape with clarity and integrity.

Trends and Developments

Authors



Claritas Legal is a Cayman Islands-based boutique law firm specialising in financial services regulation, compliance and litigation. Founded in 2022 by Elisabeth Lees, Katie Pearson and Justine Plenkiewicz, the firm unites decades of senior-level regulatory, legal and supervisory experience within the jurisdiction. Claritas Legal advises banks, corporate services providers, investment managers, funds and insurers on all aspects of Cayman Islands regulatory compliance and enforcement. The team acts in regulatory investigations, self-disclosures, inspections and remediation, and provides independent representation in complex financial services disputes, including enforcement action and public law challenges. Claritas Compliance, the firm’s dedicated compliance arm, supports regulated entities in developing and maintaining robust governance, risk and compliance frameworks. Its work includes AML/CFT audits, business risk assessments, regulatory readiness reviews and ongoing advisory support. Together, Claritas Legal and Claritas Compliance deliver integrated, conflict-free solutions that help financial services clients navigate Cayman’s evolving regulatory landscape with clarity and integrity.

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