ARTICLE
3 September 2024

The Evolving Role Of Fiduciary Services In Cyprus Amid Global Regulatory Changes

S
S&A

Contributor

C.Savva & Associates Ltd (“S&A”), a Cyprus registered company, is authorised and regulated by the Cyprus Securities and Exchange Commission. S&A provides high level Cyprus and international tax advice, assists with the formation and ongoing administration of Cyprus companies, investment funds, international trusts, special license firms and offshore structure.
Fiduciary services have long been a cornerstone of Cyprus's financial sector, playing a crucial role in supporting international business operations.
Cyprus Corporate/Commercial Law
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Fiduciary services have long been a cornerstone of Cyprus's financial sector, playing a crucial role in supporting international business operations. The island's well-established framework for company formation, trust management, and cross-border transactions has made it a preferred jurisdiction for multinational corporations and high-net-worth individuals. However, the fiduciary services landscape in Cyprus is undergoing significant changes due to recent global regulatory developments, particularly those stemming from the European Union's Anti-Tax Avoidance Directives (ATAD) and the Common Reporting Standard (CRS).

Strengthening Compliance in Fiduciary Services

The implementation of the EU's Anti-Tax Avoidance Directives, specifically ATAD 1 and ATAD 2, introduced new rules aimed at preventing tax base erosion and profit shifting within the EU. These directives, which Cyprus has fully implemented as of 2020, include measures such as interest limitation rules, exit taxation, controlled foreign company (CFC) rules, and hybrid mismatch rules. For fiduciary service providers in Cyprus, this means adapting to a more stringent regulatory environment where compliance is paramount.

The Common Reporting Standard (CRS), implemented in Cyprus since January 1, 2016, further underscores the need for robust compliance protocols. Under the CRS, financial institutions and fiduciary service providers are required to automatically exchange financial information with tax authorities in participating jurisdictions. This move towards greater transparency has reshaped the fiduciary landscape, placing a premium on compliance, risk management, and the ability to navigate complex international tax regulations.

Adapting to the New Regulatory Environment

In response to these changes, fiduciary service providers in Cyprus are enhancing their service offerings to ensure that they meet the new regulatory requirements. This includes providing more sophisticated tax planning and structuring services that are fully compliant with ATAD and CRS, as well as offering advice on establishing and maintaining business substance in Cyprus to meet the EU's anti-abuse rules.

Moreover, the ongoing global shift towards Environmental, Social, and Governance (ESG) criteria is creating new opportunities for fiduciary services in Cyprus. By integrating ESG considerations into trust and company management, fiduciary service providers can help clients align with global best practices, thereby attracting more socially responsible investments. This trend is particularly relevant in the context of the EU's Sustainable Finance Disclosure Regulation (SFDR), which came into effect in March 2021, requiring financial market participants and advisers to consider sustainability risks in their processes.

Future Outlook and Opportunities

Looking forward, the future of fiduciary services in Cyprus will be shaped by the ability to adapt to these regulatory changes while continuing to provide value-added services. Providers that can offer comprehensive solutions—combining traditional fiduciary management with advanced compliance, reporting, and ESG integration—will be well-positioned to thrive in the new environment.

The Cypriot government's commitment to maintaining a favorable business environment, coupled with the professional services sector's ability to adapt to regulatory changes, will be key to sustaining Cyprus's status as a leading jurisdiction for fiduciary services. As global regulations continue to evolve, Cyprus's focus on compliance, transparency, and innovation will ensure that it remains a preferred destination for international business.

In conclusion, the evolving regulatory landscape presents both challenges and opportunities for fiduciary services in Cyprus. By embracing these changes and focusing on compliance, transparency, and ESG integration, Cyprus can continue to be a leading hub for international fiduciary services in the years to come.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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