Entire Section
RPP 3 RPP 3 Supervision — Being Regulated
RPP 3-1 RPP 3-1 DFSA's Approach to Supervision
Introduction
RPP 3-1-1
Chapter 3 focuses on the
DFSA's risk-based approach to supervision and the ongoing relationship between theDFSA and anAuthorised Person ,Ancillary Service Provider orAuditor (collectively referred to as firms in this Chapter unless otherwise stated).Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]
Amended by Notice of Updates (Made 5th July 2012). July 2012 EditionRPP 3-1-2
Whilst section 3.1 outlines the
DFSA's general approach to risk based supervision, the remaining sections (3.2 to 3.6) provide additional information in relation to theDFSA's approach to the supervision of a particular type of firm.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]RPP 3-1-3
The appropriate use of the
DFSA's supervisory powers plays an important part in ensuring that theDFSA achieves its statutory objectives and has regard to its guiding principles which are set out in chapter 1.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]Supervision Philosophy
RPP 3-1-4
The
DFSA has adopted a risk-based approach to the regulation and supervision of a firm in order to concentrate its resources on the mitigation of risks to its objectives. TheDFSA will work with an entity to identify, assess, mitigate and control these risks where appropriate.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]RPP 3-1-5
The
DFSA's supervisory approach is based upon:(a) developing a strong relationship with a firm and its senior management, as set out in paragraphs 3-1-7 to 3-1-9;(b) where applicable, considering any lead or consolidated supervision which a firm or itsGroup may be subject to in other jurisdictions, taking into account theDFSA's relationship with other regulators, set out in paragraphs 3-1-10 to 3-1-11;(c) utilising its risk-based approach to supervision, including the risk assessment and classification of a firm, as part of theDFSA's continuous risk management cycle, set out in paragraphs 3-1-12 to 3-1-19; andDerived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]
Amended by Notice of Updates (Made 20th December 2012). December 2012 EditionRPP 3-1-6
The
DFSA's risk-based approach to the supervision of a firm may vary depending upon the size, scale, nature and circumstances of each individual firm and the specific risks it poses to theDFSA's objectives.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]DFSA's Relationship with Firms
RPP 3-1-7
In order to meet its objectives, the
DFSA requires an open, transparent and cooperative relationship between itself and a firm. TheDFSA expects to establish and maintain an ongoing dialogue with the firm's senior management in order to develop and sustain a thorough understanding of the firm's business, systems and controls and, through this relationship, to be aware of all areas of risk to its objectives.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]RPP 3-1-8
The
DFSA seeks to maintain an up-to-date knowledge of a firm's business. However, a firm is also required to keep theDFSA informed of significant events, or anything related to the firm of which theDFSA would reasonably expect to be notified.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]RPP 3-1-9
The nature and intensity of the
DFSA's relationship with a firm may depend on a number of factors. TheDFSA's level of supervision will be proportionate to the risks which the firm poses to theDFSA's objectives and will emphasise the responsibilities of the firm's senior management in identifying, assessing, mitigating and controlling its risks. The greater the impact and probability of the firm's perceived risks, the more intensive the supervisory relationship may be.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]Co-Operation with Other Regulators
RPP 3-1-10
The
DFSA views co-operation with other regulators as an important component of its supervisory activities. Effective co-operation arrangements with other regulators will provide for prompt exchange of information in relation to supervision, investigation and enforcement matters. Usually, co-operation arrangements will be in the form of memoranda of understanding or other arrangements. The information exchange may enhance, for example, theDFSA's understanding of the operations of anAuthorised Firm's Group and the effect on the firm.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]RPP 3-1-11
The
DFSA may exercise its powers for the purposes of assisting other regulators or agencies (see Article 39 of theRegulatory Law 2004). TheDFSA may also delegate functions and power to representatives of other regulators or agencies (see Article 40 of theRegulatory Law 2004).Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]Risk Management Cycle
RPP 3-1-12
The
DFSA has adopted a continuous risk management cycle. This comprises the identification, assessment, prioritisation and mitigation of risks. This is determined by the use of a risk matrix which covers two factors: Impact and Probability.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]Impact and Probability
RPP 3-1-13
The Impact Rating is an assessment of the potential adverse consequences that could follow from the failure of, or significant misconduct by, a firm. The potential adverse consequences of failure and misconduct encompass not only the direct financial impact on such firm's customers and stakeholders, but also the potential for damage to the reputation and objectives of the
DFSA .Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]RPP 3-1-14
The Probability Rating covers four broad risk groups:
(a) Corporate Governance, Strategy and Business Model Risks;(b) Financial and Operational Risks;(c) Conduct of Business Risks to Clients and Markets; and(d) AML/CTF and Financial Crime.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]RPP 3-1-15
Within these risk groups are risk elements which the
DFSA may review, according to the type of firm, to identify risks that could inhibit the achievement of its objectives.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]Risk Prioritisation and Mitigation
RPP 3-1-16
A risk assessment enables the
DFSA to allocate its resources in such a way that its supervisory tools are targeted towards those firms and activities which pose a higher risk to theDFSA's objectives.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]RPP 3-1-17
Whenever appropriate, the
DFSA may inform the firm of the steps the firm needs to take in relation to specific risks. Subsequently, theDFSA expects the firm to demonstrate that it has taken appropriate steps to mitigate the risks it poses to theDFSA's objectives.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]RPP 3-1-18
Where necessary, risk mitigation programmes may be developed with a firm in order to mitigate or remove identified areas of risk.
Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]RPP 3-1-19
Whilst the
DFSA may discuss certain information with a firm, in particular the specific risks that lead it to assign an overall risk classification to the firm and any necessary remedial actions, it will not usually disclose the final risk classification.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]Supervisory Tools
RPP 3-1-20
For the purpose of supervision, the
DFSA will select those supervisory tools which are most suitable and effective to identify and address particular risks in a specific situation.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]RPP 3-1-21
Some of the supervisory tools are discussed in varying detail in sections 3-2 to 3-6 and chapter 4.
Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]
Amended by Notice of Updates (Made 20th December 2012). December 2012 Edition[Deleted]
Deleted by Notice of Updates (Made 20th December 2012). December 2012 EditionRPP 3-1-22 [Deleted]
Deleted by Notice of Updates (Made 20th December 2012). December 2012 EditionRPP 3-1-23 [Deleted]
Deleted by Notice of Updates (Made 20th December 2012). December 2012 EditionRPP 3-1-24 [Deleted]
Deleted by Notice of Updates (Made 20th December 2012). December 2012 EditionRPP 3-1-25 [Deleted]
Deleted by Notice of Updates (Made 20th December 2012). December 2012 EditionRPP 3-1-26 [Deleted]
Deleted by Notice of Updates (Made 20th December 2012). December 2012 Edition[Deleted]
Deleted by Notice of Updates (Made 20th December 2012). December 2012 EditionRPP 3-1-27 [Deleted]
Deleted by Notice of Updates (Made 20th December 2012). December 2012 EditionRPP 3-1-28 [Deleted]
Deleted by Notice of Updates (Made 20th December 2012). December 2012 EditionRPP 3-1-29 [Deleted]
Deleted by Notice of Updates (Made 20th December 2012). December 2012 Edition[Deleted]
Deleted by Notice of Updates (Made 20th December 2012). December 2012 EditionRPP 3-1-30 [Deleted]
Deleted by Notice of Updates (Made 20th December 2012). December 2012 EditionRPP 3-1-31 [Deleted]
Deleted by Notice of Updates (Made 20th December 2012). December 2012 EditionRPP 3-1-32 [Deleted]
Deleted by Notice of Updates (Made 20th December 2012). December 2012 EditionRPP 3-1-33 [Deleted]
Deleted by Notice of Updates (Made 20th December 2012). December 2012 EditionRPP 3-1-34 [Deleted]
Deleted by Notice of Updates (Made 20th December 2012). December 2012 Edition[Deleted]
Deleted by Notice of Updates (Made 20th December 2012). December 2012 EditionRPP 3-1-35 [Deleted]
Deleted by Notice of Updates (Made 20th December 2012). December 2012 EditionRPP 3-1-36 [Deleted]
Deleted by Notice of Updates (Made 20th December 2012). December 2012 EditionRPP 3-1-37 [Deleted]
Deleted by Notice of Updates (Made 20th December 2012). December 2012 EditionRPP 3-1-38 [Deleted]
Deleted by Notice of Updates (Made 20th December 2012). December 2012 EditionRPP 3-1-39 [Deleted]
Deleted by Notice of Updates (Made 20th December 2012). December 2012 EditionRPP 3-1-40 [Deleted]
Deleted by Notice of Updates (Made 20th December 2012). December 2012 EditionNotifications to the DFSA
RPP 3-1-22
Section 11.10 of the GEN module sets out
Rules on specified events, changes or circumstances that require notification to theDFSA by anAuthorised Person (other than aRepresentative Office ). The list of notifications outlined in section 11.10 is not exhaustive and other areas of theRulebook may also specify additional notification requirements.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]
Amended by Notice of Updates (Made 20th December 2012). December 2012 EditionRPP 3-1-23
An
Authorised Firm andAuthorised Market Institution is required to comply with the high level principles in GEN Rule 4.2.10 and AMI Rule 10.2.1 respectively. TheseRules require anAuthorised Person to deal with theDFSA in an open and co-operative manner and keep theDFSA promptly informed of significant events or anything else relating to such person of which theDFSA would reasonably expect to be notified.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]
Amended by Notice of Updates (Made 20th December 2012). December 2012 EditionRPP 3-2 RPP 3-2 Supervision of Authorised Firms
Introduction
RPP 3-2-1
Section 3.2 provides additional information in relation to
DFSA's approach to the supervision of anAuthorised Firm . Where relevant, some of these requirements may apply to aRepresentative Office .Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]RPP 3-2-2
In supervising an
Authorised Firm , theDFSA expects anAuthorised Firm to comply with a number of high level principles in relation to its activities.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]RPP 3-2-3
An
Authorised Firm , other than aRepresentative Office , must comply with the twelve principles set out in section 4.2 of the GEN module. In brief, these are:(a) Principle 1 — Integrity;(b) Principle 2 — Due skill, care and diligence;(c) Principle 3 — Management, systems and controls;(d) Principle 4 — Resources;(e) Principle 5 — Market Conduct;(f) Principle 6 — Information and Interests;(g) Principle 7 — Conflicts of Interest;(h) Principle 8 — Suitability;(i) Principle 9 — Customer assets and money;(j) Principle 10 — Relations with regulators;(k) Principle 11 — Compliance with high standards of corporate governance; and(l) Principle 12 — Remuneration practices.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]
Amended by Notice of Updates (Made 5th July 2012). July 2012 EditionRPP 3-2-4
A
Representative Office must comply with the four principles set out in section 3.2 of the REP module. In brief, these are:(a) Principle 1 — Integrity;(b) Principle 2 — Due skill, care and diligence;(c) Principle 3 — Resources; and(d) Principle 4 — Relations with regulatorsDerived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]Group Supervision
RPP 3-2-5
When the
DFSA licenses anAuthorised Firm , it takes into consideration the relationship with any widerGroup to which the firm may belong or with otherPersons closely linked to it. TheDFSA may also take into account lead or consolidated supervision to which anAuthorised Firm or itsGroup may be subject in another jurisdiction.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]RPP 3-2-6
An
Authorised Firm is expected to provide information as required or reasonably requested under legislation applicable in theDIFC relating to theAuthorised Firm and, where applicable, its consolidated or lead regulatory arrangements. This information may include prudential information, reports on systems and controls relating to anAuthorised Firm's Group , internal and external audit reports, details of disciplinary proceedings or any matters which may have financial consequences, reputational impact or pose any significant risk to theDIFC or to theAuthorised Firm and the group-wide corporate governance practices and policies and the remuneration structure and strategies adopted. This information may initially be taken into account as part ofDFSA's fit and proper test as set out in section 2.2 and may subsequently be utilised in the supervision of theAuthorised Firm . FurtherRules andGuidance with regard to obtaining information from anAuthorised Firm's lead regulator are set out in GEN Rule 11.1.5.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]
Amended by Notice of Updates (Made 5th July 2012). July 2012 EditionRPP 3-2-7
The
DFSA has an interest in the relationship of anAuthorised Firm with other regulators, particularly in order to determine the level of reliance theDFSA may place on a regulator in another jurisdiction concerning any lead supervision arrangements. Depending on the legal structure of anAuthorised Firm and the relationship of theDFSA with the regulator in question, theDFSA may place appropriate reliance on the supervision undertaken by this regulator.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]Domestic Firm's Group With DIFC Head Office
RPP 3-2-8
The
DFSA will usually be the lead and consolidated regulator of anyGroup headed by aDomestic Firm . Members of theGroup , that is any of theAuthorised Firm's Subsidiaries or branches, will be either subject toDFSA's exclusive supervision or, where members of theGroup are located in a jurisdiction outside theDIFC , generally subject to lead or consolidated supervision by theDFSA in co-operation with another regulator.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]Subsidiary of a Non-DIFC Firm
RPP 3-2-9
The
DFSA will routinely be the lead regulator for the purpose of prudential supervision of anAuthorised Firm which is aDIFC incorporatedSubsidiary of a non-DIFC firm.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]RPP 3-2-10
Where the
Authorised Firm is aSubsidiary of a regulated non-DIFC parent company, theDFSA may have regard to any consolidated prudential supervision arrangements to which theSubsidiary is subject and will liaise with other regulators as necessary to ensure that these are adequately carried out, taking into account theSubsidiary's activities. TheDFSA may place appropriate reliance on theSubsidiary's consolidated regulator in another jurisdiction if it is satisfied that it meets appropriate regulatory criteria and standards.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]RPP 3-2-11
An
Authorised Firm carrying onFinancial Services as aSubsidiary of an unregulated non-DIFC parent company may be subject toDFSA's consolidated prudential supervision, taking into account the parent's activities.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]Branch of a Non-DIFC Firm
RPP 3-2-12
An
Authorised Firm carrying onFinancial Services through aBranch will be subject to supervision by both theDFSA and the regulator in its head office jurisdiction.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]RPP 3-2-13
The
DFSA will have regard to any lead or consolidated prudential supervision arrangements to which aBranch is subject. TheDFSA may place appropriate reliance on aBranch's lead regulator in another jurisdiction and, where appropriate, its consolidated prudential regulator if it is satisfied that it meets appropriate regulatory criteria and standards. Where anAuthorised Firm is subject to lead regulation arrangements with a foreign regulator, theDFSA will usually not seek to impose consolidated prudential supervision on theAuthorised Firm's Group .Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]RPP 3-2-14
During the authorisation process the
DFSA will take into account the nature and scope of the regulation and supervision to which the applicant is subject in its head office jurisdiction. Notwithstanding that anAuthorised Firm may be subject to lead or consolidated regulatory arrangements, theDFSA requires it to remain fit and proper in respect of itsGroup andControllers . Certain changes or events will require notification to, or prior approval from, theDFSA .Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]RPP 3-2-15
The
DFSA will determine the level of regulatory and supervisory oversight which is subsequently required for a specificBranch . As part ofDFSA's risk assessment process, during the authorisation process theDFSA undertakes a two-tier approach to the risks to its objectives posed by theBranch , thereby taking into account the characteristics of the applicant and its head office. The first part of this assessment includes a judgement on the degree of home country supervision and considers the strength of support, both financial and managerial, which the head office is capable of providing to theBranch , taking into account theBranch's activities and the adequacy of, among other things, the corporate governance framework and practices and remuneration structure and strategies adopted at the head office. The second part of the assessment considers the risk and control mechanisms within theBranch itself.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]
Amended by Notice of Updates (Made 5th July 2012). July 2012 EditionRPP 3-2-16
As a result of the assessment, the
DFSA may consider granting a waiver or modification notice in respect of specific prudential or other regulatory requirements relating to aBranch .Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]Prudential Returns for Authorised Firms
RPP 3-2-17
An
Authorised Firm is required to submit periodic prudential returns. In addition, anAuthorised Firm may be required to submit copies of itsGroup's annual interim and audited accounts. TheDFSA may also require anAuthorised Firm to provide copies ofGroup returns which are sent to any other regulator.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]Ongoing Risk Analysis
RPP 3-2-18
The
DFSA conducts an ongoing analysis of risks relating to eachAuthorised Firm , although the information required may vary from firm to firm.Authorised Firms with a higher risk classification may be subject to closer regulatory attention and would typically be subject to supervisory reviews specifically designed to address particular causes of risk.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]RPP 3-2-19
All
Authorised Firms will be subject to an individual on-site risk assessment, except where more than oneAuthorised Firm belongs to the sameGroup , in which case theDFSA may decide to carry out aGroup risk assessment.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]RPP 3-2-20
The risk assessment process is ongoing and it is expected that the risks of each
Authorised Firm may be reviewed on at least an annual basis. Notifications, reporting of information, an on-going dialogue with senior management and visits to theAuthorised Firm will ensure that theDFSA has current information on key risk areas of theAuthorised Firm .Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]RPP 3-2-21
There are also a number of trigger events which may affect the frequency of a risk assessment and the
Authorised Firm's overall risk classification. Examples include:(a) a notification from a non-DIFC regulator or other authority of an issue concerning theAuthorised Firm or itsGroup ;(b) a material change in anAuthorised Firm's business and new business activities;(c) a change in theAuthorised Firm's Controllers ;(d) anAuthorised Firm's development of high risk products or business lines;(e) anAuthorised Firm's development of business areas with characteristics such as unusual profitability;(f) anAuthorised Firm's appointment of new personnel in key business areas;(g) anAuthorised Firm's acquisition of new or revised information systems or new technology;(h) a rapid growth in specific areas of activity of anAuthorised Firm ;(i) anAuthorised Firm's corporate restructuring, merger or acquisitions;(j) anAuthorised Firm's expansion or acquisition of non-DIFC operations including the impact of changes in related economic and regulatory environments; or(k) theDFSA's response to industry-wide concerns or themes.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]Review of Risk Management Systems
RPP 3-2-22
Pursuant to GEN Rule 5.3.4, an
Authorised Firm must ensure that its risk management systems provide theAuthorised Firm with the means to identify, assess, mitigate and control its risks. In addition to undertaking its own assessment of theAuthorised Firm , theDFSA may review the results of theAuthorised Firm's internal risk assessment and determine the extent to which each of theAuthorised Firm's risks impacts onDFSA's objectives, the likelihood of the risk occurring and then will consider the controls and mitigation programmes the firm has in place.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]Desk Based Reviews
RPP 3-2-23
The
DFSA may undertake desk based reviews in order to review compliance with legislation applicable in theDIFC . They assist theDFSA's understanding of anAuthorised Firm's operations. For example, monitoring its financial position and detecting emerging problems or concerns to be explored in greater detail through prudential meetings, examinations, or otherwise. A desk based review may involve analysing information provided by the firm through supervisory returns, internal management information or published financial information.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]RPP 3-2-24
The
DFSA may, from time to time, issue a Controls questionnaire toAuthorised Firms who will be asked to complete and return this to theDFSA . A Controls questionnaire focuses on key areas of risk identified by theDFSA at that time. AnAuthorised Firm must evaluate itself against each of the risk areas and score itself in terms of its own arrangements and the systems and controls it has in place for mitigating the particular risks.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]On-Site Visits
RPP 3-2-25
On-site visits provide the
DFSA with an overview of theAuthorised Firm's operations and enable it to form a first hand view of the personnel, systems and controls and compliance culture within theAuthorised Firm as well as identifying and evaluating the risks to theDFSA's objectives, taking into account any mitigation by theAuthorised Firm . They enable theDFSA to test the soundness of theAuthorised Firm's systems and controls and the extent to which theDFSA can continue to rely on them and theAuthorised Firm's senior management to prevent or mitigate risks to theDFSA's objectives. On-site visits will also assist theDFSA to assess the extent of supervision and the use of other supervisory tools required to address certain key risk areas.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]RPP 3-2-26
There are various types of on-site visits by the
DFSA to anAuthorised Firm which differ in their objective and frequency:(a) Periodic visits are undertaken at frequencies determined by theDFSA and focus on the main risk areas within an Authorised Firm as well as providing theDFSA with a thorough understanding of theAuthorised Firm , its business and any major changes that have taken place within theAuthorised Firm since a previous visit or risk assessment and their probable effects;(b) Theme visits are designed to address a current or topical risk or issue either within a particular type ofAuthorised Firm or the market place in general. They tend to be short in duration and are focused in their approach. Examples of theme visits are anti money laundering, client assets and conflict management;(c) Follow-up visits are often required to assess the implementation of any action that may have been agreed as part of a risk mitigation programme or to satisfy theDFSA that theAuthorised Firm has taken appropriate action arising from a previous visit or communication;(d) Special visits are unique to a particularAuthorised Firm and are generally scheduled following a particular event or notification from anAuthorised Firm . They are generally short, focused visits usually targeted to a particular area of anAuthorised Firm . These visits allow theDFSA to review certain high risk areas of anAuthorised Firm's business in isolation. Occasionally, special visits may be unannounced. These assist in keeping firms to the need to maintain a continuously high quality of compliance; and(e) TheDFSA may, from time to time, hold high level meetings with anAuthorised Firm's senior management. Such meetings enable theDFSA to assess issues including any prudential concerns arising from desk based reviews or elsewhere.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]Periodic Communications
RPP 3-2-27
The
DFSA is committed to open and transparent communication withAuthorised Firms . From time to time, theDFSA may issue letters toSenior Executive Officers or equivalent persons across theDIFC (commonly referred to as 'Dear SEO Letters'). Frequently, these letters will be issued as a means of communicating findings arising from completed thematic visits. However, they may also be issued in response to other major events or changes. For example, such a letter may include an update from relevant United NationsSecurity Council Sanctions or Resolutions or theFinancial Action Task Force , in relation to the prevention of money laundering and combating the financing of terrorism.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]RPP 3-2-28
In addition to the
Senior Executive Officer letters, theDFSA may issue s and warnings in response to particular matters of concern. An example of this could be in relation to matters concerning fraudulent activity that theDFSA has become aware of.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]RPP 3-2-29
The
DFSA holds outreach sessions from time to time, to interact with firms operating in theDIFC . These sessions are held to discuss regulatory matters in an open manner.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]RPP 3-2-30
From time to time, the
DFSA may consider a particular item of communication to anAuthorised Firm to be of key regulatory importance. For this reason, theDFSA may consider it necessary to issue such communications directly to a senior member of staff at theBoard level of theDIFC entity copied (where appropriate) to the group's home state regulator. For entities established as aBranch in theDIFC , these communications will likely be delivered to the Chairman of theBoard at theDIFC Branch entity's head orParent office. ForDIFC incorporated entities, communications will likely be delivered directly to the Chairman of the firm'sBoard or head office. These communications may include, for example, the results ofDFSA's risk assessment visits where a risk mitigation plan has been sent that contains significant matters of concern toDFSA's objectives.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]External Auditor Reports, Statements and Tripartite Meetings
RPP 3-2-31
The
DFSA requires anAuthorised Firm's registered external auditor to co-operate with theDFSA in a number of ways, including the submission of specific audit reports and statements. As part of an audit, theDFSA would expect an auditor to review any relevant correspondence between theDFSA and theAuthorised Firm . Further, tripartite meetings between theAuthorised Firm's senior management, the auditor, and theDFSA may be requested at theDFSA's initiative. Finally, an auditor is required to disclose to theDFSA those matters outlined in Article 104(3) of theRegulatory Law 2004.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]Requiring Information and Documents
RPP 3-2-32
Apart from reports such as regular prudential returns, the
DFSA may from time to time also request from anAuthorised Firm additional supplementary information and documents, including non-financial information such as anAuthorised Firm's internal policies on particular areas of risk or its organisational chart.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]Requirements relating to a Change in Control
RPP 3-2-33
Article 64 of the
Regulatory Law 2004 and section 11.8 of the GEN Module set out theDFSA's requirements governingControllers ofAuthorised Firms .Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]
Amended by Notice of Updates (Made 20th December 2012). December 2012 EditionRPP 3-2-34 [Deleted]
Deleted by Notice of Updates (Made 20th December 2012). December 2012 EditionRPP 3-2-35 [Deleted]
Deleted by Notice of Updates (Made 20th December 2012). December 2012 EditionRPP 3-2-36 [Deleted]
Deleted by Notice of Updates (Made 20th December 2012). December 2012 EditionDFSA approval
RPP 3-2-34
A
Person who proposes to become aController of aDomestic Firm or an existingController who proposes to increase the level of control which thatPerson has in aDomestic Firm beyond the threshold of 30% or 50% is required to obtain the DFSA's prior approval before doing so. The DFSA's assessment of a proposed acquisition or increase in control of aDomestic Firm is a review of such a firm's continued fitness and propriety and ability to conduct business soundly and prudently. Accordingly, the DFSA takes into account the considerations specified in paragraph 2-2-12 relating toControllers when making such an assessment.Added by Notice of Updates (Made 20th December 2012). December 2012 EditionRPP 3-2-35
Pursuant to GEN Rule 11.8.5(1), a
Person who proposes either to acquire or increase the level of control in aDomestic Firm must lodge with the DFSA an application for approval in the appropriate form in AFN. The DFSA may approve of, object to or impose conditions relating to the proposed acquisition or the proposed increase in the level of control of theAuthorised Firm . If the information in the application form lodged with the DFSA is incomplete or unclear, the DFSA may in writing request further clarification or information. The DFSA may do so at any time during the processing of such an application. The period of 90 days within which the DFSA will make a decision will not commence until such clarification or additional information is provided to the satisfaction of the DFSA. The DFSA may, in its absolute discretion, agree to a shorter period for processing an application where an applicant requests for such a period, provided all the information required is available to the DFSA.Added by Notice of Updates (Made 20th December 2012). December 2012 EditionRPP 3-2-36
Where the DFSA proposes to object to or impose conditions relating to a proposed acquisition of or increase in the level of control in a
Domestic Firm , the DFSA will first notify the applicant in writing of its proposal to do so and its reasons. The DFSA will take into account any representations made by an applicant before making its final decision.Added by Notice of Updates (Made 20th December 2012). December 2012 EditionRPP 3-2-37
The DFSA may consider whether a
Person has become an unacceptableController as a result of any notification given by anAuthorised Firm pursuant to Rule 11.8.11(2) or as a result of its own supervisory work. The considerations which the DFSA will take into account in assessing whether aPerson is an acceptableController are those set out in paragraph 3-2-34 above.Added by Notice of Updates (Made 20th December 2012). December 2012 EditionApplication for a Change of Scope of Licence
RPP 3-2-38
Where an
Authorised Firm applies to change the scope of itsLicence , it should provide the following information:(a) a revised business plan as appropriate, describing the basis of, and rationale for, the proposed change;(b) details of the extent to which existing documentation, procedures, systems and controls will be amended to take into account any additional activities, and how theAuthorised Firm will be able to comply with any additional regulatory requirements; and(c) descriptions of theAuthorised Firm's senior management responsibilities (see GEN chapter 5) where these have changed from those previously disclosed, including any up-dated staff organisation charts and internal and external reporting lines.(d) details of any transitional arrangements where theAuthorised Firm is reducing its activities and where it has existing customers who may be affected by the cessation of aFinancial Service ;(e) the appropriate financial reporting statement where the variation may result in a change to theAuthorised Firm's prudential category or the application of additional or different financial rules. If a capital increase is required in order to demonstrate compliance with additional financial rules but such capital is not paid up or available at the time of application, proposed or forecast figures may be used;(f) details of the effect of the proposed variation on theAuthorised Individuals including, where applicable, submitting any application forms for individuals to perform additional or newLicensed Functions , or to remove existingLicensed Functions ; and(g) revised pro forma financial statements.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]
Amended by Notice of Updates (Made 20th December 2012). December 2012 EditionRPP 3-2-39
An
Insurer which wishes to vary itsLicence to remove theFinancial Service ofEffecting Contracts of Insurance or to reduce the classes of insurance should refer to the run-off provisions in PIN chapter 9.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]
Amended by Notice of Updates (Made 20th December 2012). December 2012 EditionRPP 3-2-40
In considering whether an
Authorised Firm is fit and proper with respect to a change in the scope of itsLicence , theDFSA may take into account those matters in Chapter 2 of the RPP Sourcebook, which providesGuidance on fitness and propriety forAuthorised Firms .Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]
Amended by Notice of Updates (Made 20th December 2012). December 2012 EditionRPP 3-2-41
When considering a change to the scope of a
Licence , theDFSA may also consider one or more of the matters outlined in paragraphs 3-2-42 to 3-2-47 below relating to the withdrawal of aLicence .Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]
Amended by Notice of Updates (Made 20th December 2012). December 2012 EditionApplication for a Withdrawal of Licence
RPP 3-2-42
In considering requests under GEN Rule 11.4.1, an
Authorised Firm will need to satisfy theDFSA that it has made appropriate arrangements with respect to its existing customers, including the receipt of any customers' consent where required and, in particular:(a) whether there may be a long period in which the business will be run-off or transferred;(b) whether deposits must be returned to customers;(c) whether money and other assets belonging to customers must be returned to them; and(d) whether there is any other matter which theDFSA would reasonably expect to be resolved before granting a request for the withdrawal of aLicence .Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]
Amended by Notice of Updates (Made 20th December 2012). December 2012 EditionRPP 3-2-43
In determining a request for the withdrawal of a
Licence , theDFSA may require additional procedures or information as appropriate including evidence that theAuthorised Firm has ceased to carry onFinancial Services .Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]
Amended by Notice of Updates (Made 20th December 2012). December 2012 EditionRPP 3-2-44
An
Authorised Firm should submit detailed plans where there may be an extensive period of wind-down. It may not be appropriate for anAuthorised Firm to immediately request a withdrawal of itsLicence in all circumstances, although it may wish to consider reducing the scope of itsLicence during this period.Authorised Firms should discuss these arrangements with theDFSA .Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]
Amended by Notice of Updates (Made 20th December 2012). December 2012 EditionRPP 3-2-45
The
DFSA may refuse a request for the withdrawal of aLicence where it appears that customers may be exposed to adverse effect.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]
Amended by Notice of Updates (Made 20th December 2012). December 2012 EditionRPP 3-2-46
The
DFSA may also refuse a request for the withdrawal of aLicence where:(a) theAuthorised Firm has failed to settle its debts to theDFSA ; or(b) it is in the interests of a current or pending investigation by theDFSA , or by another regulatory body orFinancial Services Regulator .Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]
Amended by Notice of Updates (Made 20th December 2012). December 2012 EditionRPP 3-2-47
Some other matters which an
Authorised Firm should be mindful of in relation to the withdrawal of itsLicence include:(a) Under Article 63 of theRegulatory Law 2004 where theDFSA grants a request for the withdrawal of aLicence , theDFSA may continue to exercise any power under theRegulatory Law 2004 orRules in relation to anAuthorised Firm orAuthorised Individual for two years from the date on which theLicence was withdrawn;(b) Article 43(2) of theRegulatory Law 2004 states thatLicensed Functions of anAuthorised Firm shall be carried out by itsAuthorised Individuals . Accordingly, where anAuthorised Firm's Licence is withdrawn, the authorised status of itsAuthorised Individuals will also be withdrawn from the same date. However, this does not remove the obligation on anAuthorised Firm to provide a statement under GEN Rule 11.7.3 where anAuthorised Individual has been dismissed or requested to resign; and(c) Where aFund Manager or theTrustee makes a request under GEN Rule 11.4.1, theFund Manager or theTrustee will need to satisfy theDFSA that it has made appropriate arrangements in accordance with the requirements under the Collective Investment Law 2010 and the CIR module with respect to the continuing management of theFund for which it is theFund Manager or theTrustee , as the case may be.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]
Amended by Notice of Updates (Made 20th December 2012). December 2012 EditionNotification to the DFSA Relating to a Major Acquisition
RPP 3-2-48
GEN Rule 11.10.8 provides that an
Authorised Firm which makes or proposes to make aMajor Acquisition as defined must comply with either GEN Rule 11.10.9 or 11.10.10, depending on whether it is aDomestic Firm .Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]
Amended by Notice of Updates (Made 20th December 2012). December 2012 EditionRPP 3-2-49
An
Authorised Firm should provide to theDFSA information that would enable theDFSA to consider factors noted in GEN Rule 11.10.9(3). Although theDFSA does not prescribe the form in which such information is to be provided to theDFSA ,Authorised Firms should consider any relevant industry and international practices when providing information to theDFSA for similar purposes.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]
Amended by Notice of Updates (Made 20th December 2012). December 2012 EditionRPP 3-2-50
The 45 day notice period referred to in GEN Rule 11.10.9(1) commences to run from the first business day after the date on which the
DFSA receives the notification. However, if any critical information that theDFSA requires in order to assess the notification has not been provided to theDFSA at the time of the notification, the relevant notice period for considering that notification will only commence to run after the Authorised Firm has provided to theDFSA that information upon a request made by theDFSA under its powers in GEN Rule 11.10.11(1).Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]
Amended by Notice of Updates (Made 20th December 2012). December 2012 EditionRPP 3-2-51
Upon the request of an
Authorised Firm , theDFSA may, at its sole discretion, agree to consider a notification within a shorter period than the 45 days referred to above. The onus is on anAuthorised Firm which wishes to obtain aDFSA decision under thisRule within a shorter period to make a request to that effect to theDFSA and provide all the information that theDFSA requires to enable theDFSA to process the notification within a shorter timeframe.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]
Amended by Notice of Updates (Made 20th December 2012). December 2012 EditionRPP 3-2-52
Where the
DFSA exercises its powers under this provision to object to a proposedMajor Acquisition or impose any conditions relating to such aMajor Acquisition , aPerson affected by such a decision may make an appeal relating to that decision to theDFSA's Regulatory Appeals Committee . Appeal provisions are in GEN Rule 11.10.12.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]
Amended by Notice of Updates (Made 20th December 2012). December 2012 EditionRPP 3-2-53
Where the
DFSA receives a notification under GEN Rule 11.10.10(1)(b), it will to the extent necessary, liaise with the home regulator in taking any appropriate action relating to the proposedMajor Acquisition .Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]
Amended by Notice of Updates (Made 20th December 2012). December 2012 EditionOutsourcing
RPP 3-2-54
An
Authorised Firm must comply with those requirements in GEN Rules 5.3.21 and 5.3.22 when outsourcing functions or activities. In relation toFunds , there are additional outsourcing and delegation requirements applicable forFund Managers andTrustees in section 8.12 of the CIR module.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]
Amended by Notice of Updates (Made 20th December 2012). December 2012 EditionRPP 3-2-55
The
DFSA requires anAuthorised Firm to notify it of any material outsourcing arrangements. An outsourcing arrangement would be considered to be material if it is a service of such importance that weakness or failure of the service would cast serious doubt on theAuthorised Firm's continuing ability to remain fit and proper or comply with applicable Laws andRules .Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]
Amended by Notice of Updates (Made 20th December 2012). December 2012 EditionRPP 3-2-56
The outsourcing of functions or activities does not absolve management or
Governing Body of responsibility and accountability for ensuring proper administration and execution of these functions or activities.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]
Amended by Notice of Updates (Made 20th December 2012). December 2012 EditionRPP 3-3 RPP 3-3 Supervision of Representative Offices
RPP 3-3-1
The
DFSA expects to undertake periodic visits toRepresentative Offices as part of its risk based approach to supervising firms. TheDFSA may also includeRepresentative Offices in thematic visits.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]RPP 3-3-2
Onsite visits to
Representative Offices are likely to focus on issues including:(a) confirming that activities undertaken by theRepresentative office are allowed under its licence;(b) reviewing the adequacy of its systems and controls to comply with itsAML responsibilities;(c) any solvency concerns with the head office orGroup ; and(d) the firm's disclosure of its regulated status.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]RPP 3-3-3
The onsite visit is likely to include interviews with the
Principal Representative and a review of relevant records.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]RPP 3-4 RPP 3-4 Supervision of Ancillary Service Providers
RPP 3-4-1
The
DFSA expects to undertake periodic visits ofAncillary Service Providers as part of its risk based approach to supervising firms. TheDFSA may also includeAncillary Service Providers in thematic visits.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]RPP 3-4-2
Onsite visits to
Ancillary Service Providers are likely to focus on their compliance with relevant AML/CTF Laws andRules . This may include theDFSA testing the firm's systems and controls for conducting a money laundering risk assessment, customer due diligence and complying with relevant United Nations Security Council Sanctions and Resolutions.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]RPP 3-4-3
The onsite visit is likely to include interviews with senior management and a review of relevant records. Depending on the outcome of the visit, the
DFSA may provide a letter to the firm to discuss its findings.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]RPP 3-4-4
The
DFSA also expects to receive a copy of the annualAnti Money Laundering Officer ("AMLO") report fromAncillary Service Providers (see ASP Rule 6.4.5(2)).Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]RPP 3-5 RPP 3-5 Supervision of Auditors
RPP 3-5-1
The
DFSA expects to undertake periodic visits ofAuditors as part of its risk based approach to supervising firms. TheDFSA may includeAuditors in some thematic visits.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]
Amended by Notice of Updates (Made 5th July 2012). July 2012 EditionRPP 3-5-2
The
DFSA is likely to request an annual information report from allAuditors . The information report will request details such as:(a) outcome of a fit and proper assessment undertaken by theAuditor ;(b) any professional indemnity insurance obtained by theAuditor ;(c) names of theAuthorised Firms audited;(d) continuing professional development undertaken by relevant employees of theAuditor ;(e) any other activities undertaken by theAuditor ; and(f) complaints received by theAuditor .Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]
Amended by Notice of Updates (Made 5th July 2012). July 2012 EditionRPP 3-5-3
The
DFSA is likely to undertake a desk based review of the content of the annual information report it receives from anAuditor . Prior to scheduling an onsite visit, theDFSA is likely to make a request for further information from theAuditor .Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]
Amended by Notice of Updates (Made 5th July 2012). July 2012 EditionRPP 3-5-4
The onsite visit is likely to include interviews with senior management and a review of files/documentation.
Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]RPP 3-6 RPP 3-6 Supervision of Authorised Market Institutions
Introduction
RPP 3-6-1
The
Regulatory Law 2004 establishes a principles-based framework for the licensing and supervision ofAuthorised Market Institutions and for taking regulatory action against those licensed institutions. This framework is supplemented by supervisory powers and other requirements in the Markets Law 2012.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]
Amended by Notice of Updates (Made 5th July 2012). July 2012 EditionRPP 3-6-2
The Markets Law 2012 establishes a framework in relation to how an
Authorised Market Institution may administer and operate anOfficial List of Securities and stipulates some specificRule requirements in respect of this.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]
Amended by Notice of Updates (Made 5th July 2012). July 2012 EditionOfficial List of Securities
RPP 3-6-3
Where an
Exchange administers and operates anOfficial List of Securities , the risk-based approach to supervision also applies to the carrying on of this activity.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]Group Supervision
RPP 3-6-4
When the
DFSA licenses anAuthorised Market Institution , it takes into consideration the relationship with any widerGroup to which theAuthorised Market Institution may belong or with otherPersons closely linked to it. TheDFSA will also take into account lead or consolidated supervision to which anAuthorised Market Institution or itsGroup may be subject in another jurisdiction. This may lead to theDFSA placing some reliance on the supervisory arrangements in another jurisdiction or creating and participating in special arrangements for the supervision of theAuthorised Market Institution and itsGroup . TheAuthorised Market Institution is expected to provide information required or reasonably requested in relation to these consolidated or lead supervisory arrangements before final supervisory arrangements are established.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]RPP 3-6-5
Each relationship will be considered on a case by case basis and according to the risks posed by the
Authorised Market Institution's activities identified during supervisory arrangements. Such supervisory arrangements may include a process to be agreed by theDFSA , theAuthorised Market Institution itself and other relevant regulators.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]RPP 3-6-6
Effective co-operation with regulators will provide for prompt exchange of information and co-operation in relation to supervision and enforcement between jurisdictions. This may include exchanges of information and co-operation in respect of activity conducted by an
Authorised Market Institution . Usually co-operation arrangements will be in the form of memoranda of understanding. The information exchange will enhance theDFSA's understanding of the operations of theGroup and the effect on theAuthorised Market Institution .Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]
Amended by Notice of Updates (Made 5th July 2012). July 2012 EditionApplication for a Change in Control
RPP 3-6-7
The AMI module sets out requirements relating to a change in control. These requirements are similar to those for an
Authorised Firm which are set out at paragraphs 3-2-33 to 3-2-37.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]
Amended by Notice of Updates (Made 5th July 2012). July 2012 Edition
Amended by Notice of Updates (Made 20th December 2012). December 2012 EditionDirections Power
RPP 3-6-8
Article 26 of the Markets Law 2012 empowers the
DFSA to give anAuthorised Market Institution certain directions in relation to theAuthorised Market Institution's duties under DFSA-administered laws. It also gives theDFSA a power to direct anAuthorised Market Institution to do specified things including closing the market, suspending transactions and prohibiting trading in Investments. Article 26 also empowers theDFSA to exercise the powers contained in theAuthorised Market Institution's Rules for participants as though it was theAuthorised Market Institution where it considers that theAuthorised Market Institution has not exercised the powers under thoseRules .Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]
Amended by Notice of Updates (Made 5th July 2012). July 2012 EditionRPP 3-6-9
In considering whether to exercise such powers, the
DFSA may take into account factors including:(a) what steps theAuthorised Market Institution has taken or is taking in respect of the issue being addressed in the planned direction;(b) the impact on theDFSA's objectives if a direction were not issued; or(c) whether it is in the interests of theDIFC .Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]RPP 3-6-10
The written notice given by the
DFSA will specify what anAuthorised Market Institution is required to do under the exercise of such powers. Though theDFSA is not required to do so under the Markets Law 2012, in most cases theDFSA will contact theAuthorised Market Institution prior to issuing such a direction.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]
Amended by Notice of Updates (Made 5th July 2012). July 2012 EditionRPP 3-6-11
Article 35 of the Markets Law 2012 allows the
DFSA to direct anAuthorised Market Institution to suspend or delistSecurities from itsOfficial List of Securities . Such directions may take effect immediately or from a date and time as may be specified in the direction. Chapter 9 of the MKT contains details in this regard.Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]
Amended by Notice of Updates (Made 5th July 2012). July 2012 Edition