Entire Section

  • Article 80 Powers

    • RPP 5-5-4

      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.

      Added by Notice of Updates (Made 23rd November 2014). November 2014 Edition

    • RPP 5-5-5

      The Article 80(1) power to obtain information 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 suspected misconduct or suspected contraventions of the Law, and consequently would not be able to meet its objectives.

      Added by Notice of Updates (Made 23rd November 2014). November 2014 Edition

    • RPP 5-5-6

      The powers under Article 80(1) are different from the supervisory 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.
      Added by Notice of Updates (Made 23rd November 2014). November 2014 Edition

    • RPP 5-5-7

      By comparison, the Article 73(1) power permits the DFSA to request information and documents from an Authorised Person, DNFBP, Domestic Fund, Registered 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.

      Added by Notice of Updates (Made 23rd November 2014). November 2014 Edition

    • RPP 5-5-8

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

      Added by Notice of Updates (Made 23rd November 2014). November 2014 Edition