Guidance on applications to make information unavailable on the public register

Summary

This JFSC guidance explains how a nominated person can apply under Regulation 4 of the Financial Services (Disclosure and Provision of Information) (Jersey) Regulations 2020 to prevent specified information about a person from being made available on Jersey's public register. It sets out the criteria for granting such applications, what must be submitted, how decisions and appeals work, and how approved restrictions affect searches of the Obliged Entity Beneficial Owner register.

• Who can apply: Normally the nominated person for the entity; in exceptional circumstances another person may apply in writing to registrysupervision@jerseyfsc.org.
• When to apply: Upon incorporation or registration, when submitting an update to associated parties, or at any time before the information is made public. Applications do not apply retrospectively to information already published.
• Grounds for approval: Serious risk of violence, intimidation or physical/mental harm to the subject, someone living with them, or a relative; serious risk of damage or threat to property; the subject lacking capacity to manage their own affairs; or other exceptional circumstances comparable in severity (e.g. national security risk).
• What is excluded: Residential addresses are not ordinarily public and need no application; general high net worth or prominent status alone is insufficient; information already public elsewhere will not be shielded.
• Required application content: Grounds and supporting evidence, the subject's name and former names, a correspondence address, the specific information to be withheld, and the connected entity's name and registered number.
• Decision and interim protection: Information is not made public while an application is being considered; JFSC will notify the outcome as soon as reasonably practicable, giving reasons if refused.
• Post-refusal hold and appeal: If refused, information stays unavailable for 28 days after the decision to allow for an appeal; if an appeal is lodged, it stays unavailable until the appeal outcome is known.
• Appeal process: Appeal lies to the Royal Court solely on the ground the decision was unreasonable; notice of appeal must be served via the Viscount within 28 days of the decision, with a copy to the Greffier within 2 days, and a hearing date sought from the Bailiff's Secretary.
• Data access restrictions: Personal data of individuals granted Regulation 4 approval is only made available to accessing obliged entities for specific purposes and not to the public, with criminal penalties (fine and imprisonment) for breaches of the DPI Law.

Key obligations

• An applicant must supply the grounds and supporting evidence, the subject's name and former names, a correspondence address, the specific information to be withheld, and the connected entity's name and registered number when making a Regulation 4 application
• Applications not made by the nominated person must be made in writing to registrysupervision@jerseyfsc.org
• A person appealing a refusal must serve a notice of appeal on the JFSC through the Viscount within 28 days of receiving notice of the decision
• Within 2 days of serving the notice of appeal, the appellant must provide a copy to the Greffier of the Royal Court together with the Viscount's record of service, and must apply to the Bailiff's Secretary for a hearing date
• Obliged entities accessing personal data of an approved individual via the Obliged Entity Beneficial Owner register must use it only for specific permitted purposes and not disclose it to the public

Applies to

nominated persons, registered entities on Jersey's public register, subjects of beneficial ownership/register information, obliged entities under the Financial Services (Disclosure and Provision of Information) (Jersey) Law 2020

Deadlines

• 28 days after the decision: Following refusal of an application, JFSC will not make the information public for 28 days to allow time for an appeal to be lodged
• 28 days: Time limit from receipt of notice of decision within which the subject may appeal to the Royal Court
• 2 days after serving the notice of appeal: Appellant must provide a copy of the notice of appeal and the Viscount's record of service to the Greffier of the Royal Court