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  • CIR 12.1.1 CIR 12.1.1

    (1) A Fund may be classified as an Exempt Fund only if it fulfils the criteria in Article 16(4) of the Law at the inception of the Fund and on an on-going basis.
    (2) A Fund Manager must ensure that a Fund which is or is intended to be established and operated as an Exempt Fund meets the criteria in Article 16(4) both at the inception of the Fund and on an on-going basis.
    (3) For the purposes of (2), where a Fund Manager makes arrangements with other Authorised Firms or Persons in other jurisdictions to Offer to issue or sell the Units of an Exempt Fund, then it must take reasonable steps to ensure that those Authorised Firms or other Persons do not Offer to issue or sell the Units in a manner that would result in a breach of the criteria in Article 16(4).
    (4) As soon as a Fund Manager becomes aware that an Exempt Fund it manages no longer meets or is likely to not meet the criteria in Article 16(4) of the Law, it must immediately:
    (a) commence proceedings relating to the winding up of the Fund, or alternatively, take necessary steps to have the Fund registered as a Public Fund; and
    (b) notify the DFSA of that fact and the measures it has taken and proposes to take under (a).
    (5) A Fund Manager of an Exempt Fund which is subject to the valuation requirement in CIR Rule 8.4.1(1) must appoint a Fund Administrator or a Person regulated by a Financial Services Regulator as the Person undertaking the valuation of that Fund.
    Derived from RM72/2010 (Made 11th July 2010). [VER13/07-10]
    [Amended] RM158/2015 (Made 9th December 2015). [VER19/02-16]

    • CIR 12.1.2

      A Fund Manager of an Exempt Fund, when notifying the DFSA pursuant to Article 34 of the Law, must also include:

      (a) a general description of the Fund including the nature of its investments and the intended size of the Fund in monetary terms;
      (b) if it is a Hedge Fund which has appointed a prime broker pursuant to CIR Rule 13.6.3:
      (i) the details relating to the identity of the prime broker and its Regulator; and
      (ii) a legal certification that all the requirements in CIR Rule 13.6.3 relating to the use of prime brokers have been fully complied with by the Fund Manager;
      (c) if it is an External Fund, the name of the jurisdiction in which the Fund is established or domiciled; and
      (d) if it is an External Fund Manager, the name of the jurisdiction in which that Fund Manager is domiciled, and the details of the Appointed Fund Administrator or Trustee to that Fund for the purposes of CIR Rule 6.1.3.
      Derived from RM72/2010 (Made 11th July 2010). [VER13/07-10]