RPP 5-14 RPP 5-14 Markets Law — Orders in the Interests of the DIFC
Article 68 of the Markets Law 2012 provides that the
Courtor FMT, on application by the DFSA, may make one of a range of orders in relation to a Person, irrespective of whether a contravention has occurred, if it is in the interests of the DIFCfor such an order to be made.
The DFSA may seek orders from the
Courtor FMT, including, but not limited to:(a) an order that trading in any Investmentscease permanently or for such period as is specified in the order;(b) an order that a disclosure be made to the market;(c) an order that a person is prohibited from making offers of Securitiesin or from the DIFC; or(d) an order that a person is prohibited from being involved in Reporting Entities, Listed Fundsor Securitieswithin the DIFC.
Before the DFSA can make an application for an order (whether interim, ex parte or final), the DFSA must be satisfied that such an order would be in the interests of the
DIFCand will take into account all relevant circumstances, including, but not limited to, the following:(a) the nature and extent of the conduct or any other matters in question;(b) the effect of the conduct or any other matters on the market and the DFSA's objectives;(c) whether the market is currently informed of all material information;(d) what steps the relevant Personhas taken in respect of the conduct or any other matters being considered;(e) whether any other form of relief is available to the DFSA or appropriate in the circumstances;(f) whether the relevant conduct or any other matters could have a significant impact on the integrity of the DIFCmarket or the confidence in that market; and(g) the effect of the conduct or any other matters on the interests of participants in the DIFC.