Article 80 Powers
During an investigation, the
DFSAmay 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.
The Article 80(1) power to obtain information is a key component of the
DFSA'sinvestigative powers. Without the compulsory powers in Article 80(1), the DFSAwould 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.
RPP 5-5-6(a) only for the purposes of an investigation; and(b) in circumstances where the
DFSAconsiders that a Personis or may be able to give information or produce a document which is or may be relevant to an investigation.
By comparison, the Article 73(1) power permits the
DFSAto request information and documents from an Authorised Person, DNFBP, Domestic Fund, Registered Auditorand any director, officer, employees or agent of such Person, which the DFSAconsiders is necessary or desirable to meet the objectives of the DFSA.
DFSAuses its powers under Article 80(1) (b), (c), (d) or (e), it will provide a written notice to the Personon whom the requirement is being imposed.