Policy Notice

Policy Notice

This notice is to bring to the attention of both clients and enquirers alike some of the key policies adopted by FORM-A-CO (GIBRALTAR) LIMITED and its associated companies, namely Form-A-Trust (Gibraltar) Limited, (herein “the Companies”) that may be of interest to, or otherwise affect them.

DATA PROTECTION NOTICE

Information provided to Form-A-Co (Gibraltar) Limited and/or to its associate companies, namely Form-A-Trust (Gibraltar) Limited, is subject to the provisions of the EU General Data Protection Regulations (GDPR) and the rights contained therein shall apply to all Applicants for Business and to Clients.

Under the General Data Protection Regulations Form-A-Co (Gibraltar) Limited and its associate companies have legal obligations concerning the processing of information on Applicants for Business and on their Clients.

Please note: The term “processing” includes collecting, storing, recording, organising, consulting, adapting/altering, retrieving, using, disclosing or destroying the information or data.

The legal obligations under GDPR include (but are not limited to):

  • Data collected must be specific.  The purpose of the business must necessitate the collection of specific information about a data subject.  Only data that is essential for the business purpose must be obtained and processed.
  • Data collected must be dealt with according to the six Data Protection Principles, namely that personal data shall be: 1. Processed lawfully, fairly and in a transparent manner
    2. Collected for a specific, explicit and legitimate purpose
    3. Adequate, relevant and limited to what is necessary
    4. Accurate and, where necessary, kept up to date
    5. Retained only for as long as necessary
    6. Processed in an appropriate manner to maintain security
  • Sensitive data that is prohibited by law MUST NOT be requested, namely: Race and ethnic origin
    Political opinions
    Religion and philosophical beliefs
    Trade Union membership
    Genetic and Biometric data
    Health data
    Concerning a person’s sex life and sexual orientation.
  • Clear consent must be obtained from the Data Subject. Data controllers must be able to demonstrate that consent was given by the data subject.  Consent may be withdrawn at any time and the withdrawal must be easily achieved (i.e. there must be no obstacles).
  • Any requests from data subjects about the information held on them must be documented and include the nature of the request and the response given.  A response to such a request must be made within one month.
  • The Rights of the Data Subject must be respected at all times.  YOUR rights include: The Right to be informed
    The Right of access
    The Right of rectification
    The Right to erasure
    The Right to restrict processing
    The Right to data portability
    The Right to object
    The Rights in respect of automated decision making and profiling

For further information please contact our offices.

Policy on Anti-Bribery and Corruption

In compliance with the Bribery Act 2010 (UK), Part 24 of the Gibraltar Crimes Act 2011, and the Proceeds of Crime Act 2015:

The Anti-Bribery and Corruption Policy (“the Policy”) adopted by the Companies states that they are ‘committed to implementing and enforcing effective systems to counter bribery and corruption’ and that it is their policy ‘to conduct all aspects of business in an honest and ethical manner at all times.’

The said Policy applies to:

  • All individuals working for the Companies, including anyone providing services to them (such as consultants, contractors, agents or introducers of business)

Please note that employees of the Companies are under strict instructions not to accept any form of gift or inducement and to report to management any incident whereby such an inducement is offered to them. 

And to:

  • Clients of the Companies and therefore, by extension, to companies and structures provided to or acquired by clients.

All incidences brought to the attention of the Companies whereby clients either directly or indirectly through their companies or structures, engage in, commit or condone the offering or receiving of bribes, shall be reported to the pertinent authorities.  In addition, all services provided to the clients and/or their companies or structures shall immediately cease and the business relationship with the clients terminated.

It is an offence under the above-quoted laws to offer or receive any form of bribe, kickback or other form of inducement designed to influence or coerce an individual to act inappropriately or illegally in order to gain a commercial advantage.

Statement on Ethical Policy

This Policy has been formally adopted by the Companies in compliance with best practice and the ‘Systems of Control to Prevent the Financial System from being used for Money Laundering or Terrorist Financing Activities’ issued by the Financial Services Commission on 16th November 2016 and as amended (“The Guidance Notes”).

The Companies shall not entertain applicants for business, nor continue to provide services to clients, seeking to undertake a number of activities that are not necessarily illegal in any one particular jurisdiction but which, by their very nature, may prove controversial.

The list of such business activities that both FAC and FAT consider as unacceptable and therefore shall not entertain are:

  • Dealing in medications, pharmaceuticals, health products or related products;
  • Pornography, adult content material;
  • Dating agencies, contact web sites;
  • Dealing in arms or arms parts that may be used in weapons production (including chemicals);
  • Timeshare;
  • Travel Agencies;
  • Gaming, gambling, lotteries and raffles;
  • Financial services, financing, leasing;
  • Any form of unregulated business related to the taking of investments, e.g. Binary Option Trading;
  • Parallel trading;
  • Tobacco, wines and spirits;
  • Mercenary or contract soldiering;
  • Security and riot control equipment, or any device that could lead to the abuse of human rights or be utilised for torture;
  • Technical surveillance or bugging equipment;
  • Industrial espionage;
  • Dangerous or hazardous biological, chemical or nuclear materials;
  • Trading in human or animal organs;
  • Adoption agencies;
  • Pyramid selling schemes;
  • Religious cults or their charities;
  • Clubs, Associations, Federations, NGO’s, etc;
  • Private educational establishments, e.g. Academies or Universities;
  • Generic web-hosting services for multiple undefined activities;
  • Call-centre marketing services for undefined products or services, or “boiler room” enterprises;
  • Abortion or assisted suicide clinics.

EXPLANATORY NOTE:  The above list applies to applicants for business or clients who engage in (or have engaged in) such business activities irrespective of whether or not the services requested of, or provided by, FAC and/or FAT are or would be directly or indirectly linked to or form a part of those business activities deemed as unacceptable.

Whats New

See if there have been any changes since last year’s Gibraltar Government Budget resulting in any amendments to laws or procedures. Form-A-Co stays on top of these changes and provides regular updates here.

  • Price points
  • Legislation
  • Documentation

As we progress as a company that is intimate with government legislation and corporate requirements, we will keep you updated as and when things change

Jonathan's Bio

Summary

FORM-A-CO (GIBRALTAR) LIMITED was founded in 1989 to conduct the business of Company Formation and administration and all ancillary services. Jonathan’s role from the outset was to serve as the firm’s Manager, creating its product line and devising its services. Since that date, Jonathan has overseen the evolution of the business as the firm’s Managing Director to incorporate Trust and Marine administration into its range of products, and steering it through the various compliance and regulatory challenges arising from the application of Financial Services Regulation in Gibraltar as from 1993, with the establishment of the Financial Services Commission itself.To this day, Jonathan’s role is to oversee the management of the firm’s Company Formation and Trust Administration services (through FORM-A-TRUST (GIBRALTAR) LIMITED), and the incorporation of small businesses in Gibraltar to service the local economy, whilst retaining executive responsibility for all compliance and regulatory led initiatives for the firm. 

Experience 
  • Over 31 years working in Gibraltar’s Financial Services industry as Managing Director of a firm which is duly licensed by the Financial Services Commission to conduct Company Management and Trust Administration services. 
  • Registered with the Supreme Court to serve as a Commissioner for Oaths in Gibraltar. 
  • Licensed by the Financial Services Commission to provide Directorship services as an approved individual. 
  • Approved by the Financial Services Commission to serve as an EIF (Experienced Investor Fund) Director. 
  • Member of the Gibraltar Advisory Board of TFO Tax Strategies Limited – a Manchester-based business dedicated to wealth management and tax planning structures.
Charle's Bio

Summary

Charles joined FORM-A-CO (GIBRALTAR) LIMITED in 2012 after 30 years in the banking sector. He was responsible for the creation and development of Trust businesses at  Lloyds TSB  Bank Plc  and at SG Hambros  Bank & Trust. 

Charles is a Director of FORM-A-CO (GIBRALTAR) LIMITED with particular responsibility for  the  Trust Administration services (through FORM-A-TRUST (GIBRALTAR) LIMITED) as well as client relationships.

Charles brings an array  of skills and experience to the business and holds appointments in listed Companies.