31 December, 2009
Banking
26 December, 2009
Mergers
06 November, 2009
Phishing
24 October, 2009
Amalgamation
29 September, 2009
Banking
14 January, 2009
Banking
I always thought my
correspondence with my bank was supposed to be private. Someone in St Kitts has just sent me the most extraordinary bit of correspondence. It showed that some of our banks are not very sophisticated or cautious how they deal with their customers’ confidential correspondence. My correspondent had sent the Caribbean Commercial Bank an enquiry about banking procedures in
I decided to contact CCB myself. I went to their contact page. I filled out their enquiry form. I asked them to send me the requirements to open a bank account. Sure enough, I got an email similar to the one my correspondent had got. This is what it said:
From: <idmitch@anguillanet.com>
To: <twoodley@ccb.ai>
Cc: <masonc@masonc.com>; <idmitch@anguillanet.com>
Sent: Sunday, January 11, 2009 4:57 PM
Subject: Contact Us
Name: Don Mitchell
Email: idmitch@anguillanet.com
Phone Number: 497 2139
Comments: Please let me know the requirements for opening a bank account.
So, what’s special, you ask? Well, if you look carefully, you will see that, besides Trevor Woodley, the bank computer’s automatic response has been copied to Chris Mason. Now, I know Chris Mason. He is a perfectly respectable project manager. One of my last meetings with him was when he was managing Altamer Hotel’s new project to expand into the
But, what in the world does Chris Mason have to do with having copies of confidential banking correspondence sent to him by a bank? Why would a bank set up its enquiry page so that every piece of correspondence sent to it is automatically copied to someone who has nothing to do with the correspondence of the bank’s customers?
Is this in compliance with CCB’s confidentiality obligations?
Now, I do all my banking at the National Bank of Anguilla. Does NBA make the same mistake, I wondered?
So, I went to the NBA website. I found their contact page. I checked it thoroughly. I was relieved to find that it did not have a form that would automatically get sent to anyone outside the bank. It seems that with NBA you have to personally email or telephone an individual at the bank with your enquiry. What a relief!
I would urge the CCB Board to have their website tightened up. I do not think that customers, or potential customers, for that matter, should have their confidential queries sent to any person, no matter how respectable, outside of the bank.
Now, having made the enquiry, I’m wondering if the bank is going to efficiently respond to it.
01 January, 2009
Apartments
New Apartments Approved by Planning During 2008.
Someone thought I would be interested in seeing the published lists of the planning applications approved by the Land Development Control Committee for January-August 2008. That is only two-thirds of the year, not the whole year. The Committee has not published the lists for the remaining months of the year 2008. Why might the lists be of interest, I enquired. The reply was: because they indicate the volume of persons who intended, during the first part of 2008, to invest in building rental apartments. These were the brave souls taking up the challenge to invest in
Some of the applicants may never have gone ahead with their project. They may have applied for planning permission, got permission, and, for one reason or the other, not proceeded with the construction of their apartments. Some of the approved apartments may not have been intended for rental: they may be additions to private homes intended for friends and family to occupy while visiting. The vast majority, we can be sure, were intended to be rental apartments.
I have counted the names on the lists. I include those who were deferred or refused. There are good reasons for this. As we all know, when Planning does not immediately approve your application, the law permits the applicant to appeal to the Ministers. They, if they are favourably inclined to you, which they can be expected usually to be if you have a vote, may overturn the decision of Planning.
I make it 102 separate applications to construct apartments. That is a lot of people investing in rental apartments. That is 100 out of a total of only about 4,000 adults in our population. And these relate only to the first eight months of 2008. There may be another 50 by the end of the year, unless new applications have begun to dry up. And, who knows how many were approved in the preceeding years?
The list shows the large number of persons who have probably gone to their bank and borrowed the huge amounts of US dollars needed to build and furnish rental apartment buildings. This might have seemed at the time to be good business for the banks. But certainly, during the economic depression that is now upon us, it will not have been such a good idea for some of those of us who had to do the borrowing.
I am sure you remember that just a few months ago people were desperate for a place to live. People were advertising their need for an apartment to rent. Since then, major hotel construction projects have gone on hold due to lack of financing. There will be no more highly-paid workers to occupy new apartments coming on stream. This week there are 7 ads in the paper for residential rentals. Last week there were 8. Rental income for existing apartments will be drying up for the next year or two.
And, the owners of “Flavors Restaurant’ just converted it to flats. Bad timing . . .
If you drive around the island, and look off the main road, it is unbelievable the number of apartments you see. Many, many of them are sitting vacant.
Financial woe lies ahead for some of us. I hope and expect that things will work out in the long run. Once the banks are thoughtful, and do not act too hastily when some of these apartment loans run into arrears.
It is, of course, an outrage that we are not told about these applications in time for us to comment on them if we wish to do so, and that it takes until December for us to learn what the LDCC did in August on our behalf.
08 December, 2008
Armageddon
The EU Savings Tax
Directive. I am out of the international financial services business now. I sold the company management part of my law practice in 1998. So, I am really out of touch. But, a recent gloating post by a ‘tax em or hang em’ guru about the coming Armageddon for
If you want to live in a jurisdiction where you are molly coddled from the cradle to the grave, live in the
So, back in 1999 when the Europeans dreamed up the EU Savings Taxation Directive, we were not too concerned. Its main purpose was to allow the tax authorities in EU Member States and associated territories to share information about interest payments made to individuals. This was to help ensure savers and investors paid the right amount of tax on their savings income and to counter cross-border tax evasion within the EU. It only applied to individuals, not to trusts and other ‘offshore structures’.
The Directive set up two systems. One was an “information exchange” regime, whereby all participating countries agreed to report interest on savings paid to citizens of other EU Member States to those States’ tax authorities. The other was a “withholding tax” regime, whereby the identity of the recipient of interest is not reported, but a small tax (15%) is paid in the offshore centre and the balance remitted to the EU Members State in a lump sum so that the tax authorities are not informed of the individuals who paid. Countries with a tradition of banking secrecy, eg,
Over the years, negotiations between the offshore tax jurisdictions resulted in an agreeable compromise whereby only interest income earned from certain savings and bonds came within the scope of the Directive. Most income remained safely sheltered so long as you used a jurisdiction like
Now, on 13 November 2008, the EU dropped a bombshell. They have amended the Savings Tax Directive. The intention is to close existing loopholes and better prevent tax evasion. The previous Directive only applied to payments to individuals. Anybody who transferred the money they held on deposit into either a company or a trust immediately avoided the disclosure or tax obligation. Some Swiss banks were bulk buying up to 10,000 BVI and Panamanian companies at a time. Interest payments which are channeled through previously tax-exempted structures will now be caught in the net. Companies, IBCs, corporations, limited liability partnerships, foundations, trusts and the like will all come within the scope of the Directive. Innovative financial products, even life insurance, will not escape.
The impact on West Indian offshore centres, including
The other side of the coin is that the high-tax countries who have created this bomb-shell will not gain one penny extra in tax revenue. What is more likely to happen is that, if they implement the Amended Directive as indicated, the investments presently held in Anguilla and the BVI will soon be heading to Hong Kong and
16 November, 2008
NBA
National Bank of
I have been following a story recently. The story is officially about banking secrecy. More importantly, it is about the competence and reliability of West Indian banks. The part of the story that interests me is about NBA. The author claims that he had emailed various West Indian banks with the following question:
“Dear bank rep,
I have some questions about banking secrecy at your bank. I hope you’ll be glad to answer them. Here they are:
Under what conditions will the bank share information on its clients?
Does there have to be a government investigation underway? Does that matter?
If so, who can conduct this investigation?
Does it take a court order? Is an official request good enough?
Thanks and I hope you’ll answer my questions as best you can.”
He says that only two of the several banks in the West Indies that he wrote, particularly Griffon Bank of
“The rest of the Banks I contacted have not answered because, as everyone knows, it’s very hard to answer an e-mail if you’re only given one week. Or maybe they’re just lazy or don’t know how to type and click buttons, or they’re just not very service oriented or non-client friendly …or the benefit of the doubt: they’re so used to keeping their mouths shut that they did not answer my e-mails.”
I do not mind that he is talking about Grenadian or Antiguan banks. I do mind that he is talking about my bank.
The answers to his question were not difficult. One only had to be honest. One correct reply would have been:
"Who would be so naïve as to believe today that there exists any such thing as banking secrecy? It was approximately ten years ago that
Why would it have been so difficult to explain such a basic fact to a correspondent? Better by far to be accused of excessive compliance with intrusive regulation than of incompetence or laziness, I would have thought.
06 July, 2008
Treasury
Commons Select Treasury
Committee. The Labour Party has been in power in the UK since 1997. Since then, it has restricted the freedom of Anguilla and the other Overseas Territories to offer international financial services, even though we are some of the world's leading tax and asset protection havens. For decades before that, British governments promoted these offshore havens, encouraging their growth and expansion. Now, the UK has forced 'reforms' on us. They have made it clear that the intention is to end financial privacy.
They demand total bank and investment account surveillance.
They have made foreign tax evasion a criminal offence.
They have forced disclosure of previously confidential information about true ownership of international business corporations.
They have imposed the EU savings tax directive.
They are insisting that we sign Tax Information Exchange Agreements with the United States.
They have imposed new 'international standards' against money laundering.
They have demanded that our financial systems become more 'transparent'.
We are obliged to cooperate with foreign law enforcement and tax authorities.
Thus was the Labour Government's policies imposed on us without any chance of appeal on our part.
As a result, we have adopted strict anti-money laundering, and know-your customer rules. It makes opening a bank account in Anguilla a nightmare of bureaucracy and technicalities.
Then, in March 2008, the House of Commons Treasury Select Committee published a report on Financial Stability and Transparency. In it, the Committee indicated that it intended to undertake further work into International Financial Centres in the context of their ongoing scrutiny of financial stability and transparency. They would seek to ascertain what risk, if any, such entities pose to financial stability in the UK.
On 30 April of this year, the Committee announced its inquiry into Offshore Financial Centres and invited interested parties to submit written evidence.
All of the submissions can be found here.
Why are the international financial centres under attack again? I am not entirely sure. It seems likely that we are to be collateral damage arising out of the Northern Rock debacle in the UK. The question then must be asked, what, if anything, are we doing to protect our own interests?
Guernsey is one of our sister financial centres. They have come out fighting in their own defence.
Jersey has been quick to respond to the urgent need to meet with the committee to defend Jersey's interests.
I have not heard of any initiative sponsored by either the Anguilla Financial Services Association or the government of Anguilla. The governor's office has not produced a single release on this inquiry. The Ministry of Finance has not made any response. Are they all being too complacent?
Is AFSA even aware of the serious challenges it faces as a result of this inquiry?
Is this another case where we in Anguilla will ignore all that is published, all that is swirling in the air around us, and then complain later that nobody told us anything, and how abused we are by the foreign oppressors?
27 May, 2007
Banking Policy

I had cause to question interest received from NBA recently. Let’s say that the hypothetical balances in a certain quarter were:
Day# ---- Description ---- Amount ------------ New Balance
0 ---- Brought forward -------- 0 ---------------- 1,000
1 ---- Deposit ------------ 99,000 ------------- 100,000
8 ---- Deposit ----------- 200,000 ------------- 300,000
My expectation would be that NBA (in this case) would calculate 1,000 times 91 days at the appropriate interest rate (say 3%) so $1,000 x (91/365) x 3%, then a further 99,000 x ([91 minus 1]/365) x 3%, then a further 200,000 x ([91-8]/365) x 3% - or something like that. In other words, if the bank has the use of your money for a period of time, it pays you interest based on the time it has the $ as well as the amount.
NBA replied that they
calculate the interest based on the lowest balance in the quarter. In the above example, the lowest balance in the quarter would be $1,000, so you would get $1,000 x (91/365) x 3% - period. Does that sound right? Or is it a case of people being robbed by the pen rather than the gun?
And now, a song sung by, inter alia, Pete Seeger:
The Banks are Made of Marble
A Song by Les Rice
I've traveled round this country
From shore to shining shore
It really made me wonder
The things I heard and saw.
I saw the weary farmer
Plowing sod and loam
l heard the auction hammer
A knocking down his home.
But the banks are made of marble
With a guard at every door
And the vaults are stuffed with silver
That the farmer sweated for.
l saw the seaman standing
Idly by the shore
l heard the bosses saying
Got no work for you no more.
But the banks are made of marble
With a guard at every door
And the vaults are stuffed with silver
That the seaman sweated for.
I saw the weary miner
Scrubbing coal dust from his back
I heard his children cryin
Got no coal to heat the shack.
But the banks are made of marble
With a guard at every door
And the vaults are stuffed with silver
That the miner sweated for.
I've seen my brothers working
Throughout this mighty land
l prayed we'd get together
And together make a stand.
Final Chorus
Then we'd own those banks of marble
With a guard at every door
And we'd share those vaults of silver
That we have sweated for.
What about you? Do you think the banks are taking advantage by calculating interest based on the lowest balance, even if only for one day? I believe that the banks pay interest by the month. They would pay on the lowest balance in the account for the month, not the quarter, as suggested above. If I deposited $500,000 on 2 April and paid it out on 30 May the bank would have had my money for two months of April and May, less two days. But, they would not pay me any interest, as neither was a full calendar month? Perhaps, someone at one of the banks can tell us the rationale. I had enquired of NBA several days ago. Someone had promised a response. None arrived up to the date of publication.










