The Anguilla Financial Services Commission has published guidelines for Trust and Corporate Service Providers (TCSPs) on when and how to appoint a Commission-acceptable custodian in Anguilla to maintain records following the voluntary or involuntary cancellation of a TCSP licence, and on the associated record-keeping expectations. The guidance sets out the custodian’s core responsibilities, including safeguarding records held physically and electronically, keeping them organised and accessible, and providing documents to the Commission and other competent authorities on request. It also specifies minimum terms for a fully executed custodian agreement, covering the parties’ details, term, duties, liability, Anguilla storage location and record formats, a detailed inventory of records, segregation from other records, termination conditions and exit strategy, remuneration (if any), and Anguilla governing law. In assessing a proposed custodian, the Commission will consider fitness and propriety factors such as relevant expertise, reputation, residence in Anguilla, minimum age of 18, good standing where licensed or registered, understanding of Anti-Money Laundering record retention requirements, and conflict-of-interest disclosures, supported by documentation including certified identification and address evidence, storage declarations, experience records, and insurance where requested. An application to appoint a custodian must be submitted before the TCSP’s licence is cancelled, and the appointment only takes effect once the Commission issues written notice of no objection. Ongoing engagement includes annual updates to the Commission and submission of an annual declaration within six weeks of each calendar year-end for five years after appointment, alongside timely responses to record requests and compliance with inspection requests.

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