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IFSC A proposes revised framework for making regulations & subsidiary instructions

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IFSCA

The International Financial Services Centres Authority (IFSCA) has issued a consultation paper seeking comments on the draft of the IFSCA (Procedure for Making Regulations and Subsidiary Instruction) Regulations, 2025.

The draft seeks to replace the 2021 framework and aims to promote ease of doing business by strengthening transparency, stakeholder participation, and regulatory clarity in the IFSC ecosystem.

Key highlights of the proposed regulations include:

1. ๐„๐ฑ๐ฉ๐š๐ง๐๐ž๐ ๐€๐ฉ๐ฉ๐ฅ๐ข๐œ๐š๐›๐ข๐ฅ๐ข๐ญ๐ฒ: ย While the 2021 Regulations focused solely on โ€œregulationsโ€, the 2025 draft introduces the concept of โ€œsubsidiary instructions-covering circulars, guidelines, frameworks, etc., and mandates public consultation for those involving substantive policy.

2. ๐Œ๐š๐ง๐๐š๐ญ๐จ๐ซ๐ฒ ๐ฉ๐ฎ๐›๐ฅ๐ข๐œ ๐œ๐จ๐ง๐ฌ๐ฎ๐ฅ๐ญ๐š๐ญ๐ข๐จ๐ง: The new regulations propose mandatory public consultation not just for regulations, but also for key subsidiary instructions (circulars, guidelines, frameworks) with clear timelines and publication of public feedback. Further, the draft Regulations propose exploration of additional consultation mechanisms beyond website publication, including expert or advisory committees;

3. ๐Œ๐ข๐ง๐ข๐ฆ๐ฎ๐ฆ 21 ๐๐š๐ฒ๐ฌ: IFSCA will provide a minimum of 21 calendar days for receiving public comments.

4. ๐„๐ฑ๐ž๐ฆ๐ฉ๐ญ๐ข๐จ๐ง๐ฌ: These regulations are not applicable to procedural or internal matters, exigencies, matters concerning market integrity where regulatory intervention may be required regulations, etc.

These draft regulations mark a shift towards a more participatory and transparent regulatory process within IFSCs especially for subsidiary instruction.

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