Entire Section

  • RPP 5-11 RPP 5-11 Injunctions and Orders

    • RPP 5-11-1

      The DFSA has a broad power to make application to the Court for injunctive relief and other orders (see Article 92). The DFSA may seek orders including, but not limited to:

      (a) an order restraining a Person that is engaging in conduct that would constitute a contravention of the Law or Rules;
      (b) an order requiring a Person to do an act or thing to remedy a contravention or to minimise loss or damage; or
      (c) any other order as the Court sees fit, including an order restraining the transfer of assets or the movement of individuals.
      Derived from Notice of Updates (Made 20th December 2012). December 2012 Edition

    • RPP 5-11-2

      In deciding whether an application for an injunction or other order is appropriate in any given case, the DFSA will consider all relevant circumstances including, but not limited to, the following matters:

      (a) the nature, seriousness and impact of the contravention and whether the contravention is ongoing;
      (b) whether the contravention affects, or has the potential to affect, the DFSA's objectives;
      (c) whether any party who may have suffered some detriment as a result of the contravention is able to take their own remedial action;
      (d) where the DFSA considers it necessary to protect regulated entities and customers in the DIFC;
      (e) whether there is a danger of assets being dissipated or removed from the jurisdiction of the Court;
      (f) whether there is a danger that the Person or Persons may leave the jurisdiction, and if so, the effect that the Person's or Persons' absence may have on the effectiveness of the Court's orders;
      (g) the costs the DFSA would incur in applying for and enforcing an injunction or other orders and the likely effectiveness of such an injunction or other order;
      (h) the disciplinary record and compliance history of the Person;
      (i) whether, if proven, a suitable remedy is available;
      (j) the extent to which another law enforcement agency or Financial Services Regulator can adequately address the matter and, if so, that body's attitude to the matter; and
      (k) whether there is information to suggest that the Person who is the subject of the possible application is or has been involved in money laundering, terrorist financing or other form of financial crime or criminal conduct.
      Derived from Notice of Updates (Made 20th December 2012). December 2012 Edition