Entire Section
Application 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 Edition