Entire Section

  • Article 80 Powers

    • RPP 5-5-4

      Article 80(1) is a key component of the DFSA's investigative powers. Without the compulsory powers in Article 80(1), the DFSA would not be able to conduct effective and thorough investigations into potential misconduct or suspected contraventions of the Law or Rules, and consequently would not be able to meet its objectives.

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

    • RPP 5-5-5

      During an investigation, the DFSA may obtain relevant information and documents on a compulsory basis, principally through the exercise of its powers under Article 80(1), and on a voluntary basis.

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

    • RPP 5-5-6

      The powers under Article 80(1) are different from the non-investigation powers under Article 73(1). The key distinctions are that the Article 80 powers may be used:

      (a) only for the purposes of an investigation; and
      (b) in circumstances where the DFSA considers that a Person is or may be able to give information or produce a document which is or may be relevant to an investigation.
      Derived from Notice of Updates (Made 20th December 2012). December 2012 Edition

    • RPP 5-5-7

      In comparison, the Article 73(1) power permits the DFSA to request information and documents from an Authorised Firm, Authorised Market Institution, Ancillary Service Provider, auditor and any director, officer, employees or agent of such person, which the DFSA considers is necessary or desirable to meet the objectives of the DFSA.

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

    • RPP 5-5-8

      When it exercises its powers under Article 80(1) (b), (c), (d) or (e), the DFSA will provide a written notice to the Person on whom the requirement is being imposed.

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