Entire Section

  • Investigation Determination

    • RPP 5-4-4

      Article 78 empowers the DFSA to conduct such investigations as the Chief Executive or his delegate consider expedient:

      (a) where he has reason to suspect that there is being or may have been committed a contravention of the Laws or Rules; or
      (b) further to a request for assistance.18

      18 Article 39 of the Regulatory Law 2004

      Derived from Notice of Updates (Made 20th December 2012). December 2012 Edition

    • RPP 5-4-5

      Whether a matter is expedient is determined by reference to factors such as those set out in paragraph 5-4-2.

      Derived from Notice of Updates (Made 20th December 2012). December 2012 Edition

    • RPP 5-4-6

      Whether the Chief Executive or his delegate has "reason to suspect" a contravention of the Law or Rules, is a question which the Chief Executive will determine on the facts and circumstances, available at the time, of each particular matter.

      Derived from Notice of Updates (Made 20th December 2012). December 2012 Edition

    • RPP 5-4-7

      The DFSA is not bound to disclose, to any party, that an investigation is ongoing or the basis upon which an investigation is commenced. However, the DFSA may notify a Person who is the subject of an investigation that an investigation has commenced, and the general nature of the investigation.

      Derived from Notice of Updates (Made 20th December 2012). December 2012 Edition

    • RPP 5-4-8

      However, the DFSA will not make such a notification if it is likely to compromise or prejudice the investigation. The DFSA will not advise a Person at the conclusion of an investigation unless the Person has earlier been notified of its commencement.

      Derived from Notice of Updates (Made 20th December 2012). December 2012 Edition

    • RPP 5-4-9

      The decision to commence an investigation is not a decision which is appealable to the Regulatory Appeals Committee.

      Derived from Notice of Updates (Made 20th December 2012). December 2012 Edition