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ARTICLE · 22 AUGUST 2013

Physical Presence Via "Managing Representative"

Persons engaged in the business of advising on or managing securities have the flexibility of setting up business in The Bahamas without having, directly, to be physically present.

BahamasWealth Management

Persons engaged in the business of advising on or managing securities have the flexibility of setting up business in The Bahamas without having, directly, to be physically present.   This concept has been carried over from prior legislation and policies of the Securities Commission of The Bahamas ("SCB") which permitted securities investment advisors to establish physical presence via a "managing representative". The difference now is that this flexibility is only available to those firms who advise on or manage securities.

What is physical presence?

Generally, all persons engaged in securities business activities in or from The Bahamas are required, in order to obtain registration with the SCB, to have a physical presence in The Bahamas.  This includes having within The Bahamas: (i) governance and management (a chief executive officer and at least one director) (ii) premises and facilities and (iii) records and record-keeping arrangements.

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