services


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 FORM-A-TRUST (GIBRALTAR) LIMITED (herein “the Companies”) that may be of interest to, or otherwise affect them.

DATA PROTECTION

The Data protection Act 2004 was enacted into the law of Gibraltar transposing Directive 95/46/EC of the European Parliament and the Council of the 24th October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data. This has been enacted by the Legislature of Gibraltar in 2006.

The Act sets out the rules for the processing, keeping and distribution of personal information and apply to paper records in a relevant filing system and computer records, and it gives individuals certain rights to review data held about them and to have inaccurate data corrected, whilst requiring those who record and use personal information (either manual or computer records) to be open about that use and to follow sound and proper practices.

The Companies are registered with the Gibraltar Regulatory Authority for the purpose of Data Protection.

DATA PROTECTION PRINCIPLES

Whosoever processes personal data must comply with the following principles as set out in the Data Protection Act and must form part of good information handling practise. Information must thus be:

POLICY ON ANTI-BRIBERY AND CORRUPTION

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

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:

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 15th November 2007 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:

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.