Page 451 - IOM Law Society Rules Book
P. 451

154                Financial Services Act 2008                  c.8

                                (2) In this Act a person is resident in the Island if —

                                  (a) in the case of an individual,  the individual is ordinarily
                                      resident in the Island ;

                                  (b) in the case of  a company —

                                       (i) it is incorporated in the Island; or


                                       (ii) it is registered under Part XI of the Companies
                [XIII p.235]               Act 1931;

                                  (c) in the case of any other body of persons, corporate or
                                      unincorporate, central management and control of the
                                      body is in or from the Island or it has a place of business
                                      in the Island.

                                (3) In this Act “action for a breach” means the exercise of
                           any one or more of the following powers —

                                  (a) the revocation or suspension of a licence;


                                  (b) the issue of a direction as to fitness or propriety under
                                      section 10;

                                  (c) the service of a warning notice under section 11;


                                  (d) the issue of a public statement under section 13.

                                  (e) the issue of a direction under section 14;

                                  (f) the imposition of a penalty under section 16;

                                  (g) an application for an injunction or for restitution under
                                      section 20;

                                  (h) the appointment of a receiver under section 21;

                                  (i) the appointment of a business manager under section
                                      22;

                                  (j) the withdrawal of an exemption in accordance with
                                      regulations;

                                  (k) the exercise of powers in relation to a permitted person
                                      under Schedule 2.

                                (4) Subject to section 16(3), the exercise of any power
                           referred to in subsection (3) shall not prevent the exercise of any
                           other power or remedy under this Act nor shall it prevent the
                           commencement of proceedings for an offence under this Act.
   446   447   448   449   450   451   452   453   454   455   456