Entire Section
Notification 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 Edition