Entire Section

  • RPP 9-3 RPP 9-3 Making an Application

    • RPP 9-3-1

      When applying for relief from a Rule or a provision of the Markets Law 2012 please use the GEN1 form in the AFN Sourcebook.

      Derived from Notice of Updates (Made 11th February 2015). February 2015 Edition
      Amended by Notice of Updates (Made 7th May 2015). May 2015 Edition

    • RPP 9-3-2

      Currently not in use

      Derived from Notice of Updates (Made 11th February 2015). February 2015 Edition
      Amended by Notice of Updates (Made 7th May 2015). May 2015 Edition

    • RPP 9-3-4

      If the applicant is not regulated by the DFSA, contact should be made through the general enquiries form on the DFSA website here.

      Derived from Notice of Updates (Made 11th February 2015). February 2015 Edition

    • RPP 9-3-5

      Before making an application, the DFSA expects that the applicant will carry out appropriate research on:

      (a) the intention behind the provisions in question and the regulatory outcomes that the provisions aim to achieve;
      (b) whether there are any precedents where the DFSA has previously granted relief, or not granted relief, from the provisions in question; and
      (c) if so, any similarities and differences between the cases where relief has previously been granted and the applicant's case.
      Derived from Notice of Updates (Made 11th February 2015). February 2015 Edition

    • RPP 9-3-6

      In the application, the applicant will need to:

      (a) set out the reasons for requesting the granting of a waiver or a modification;
      (b) explain the impact of the application of the provisions as it stands on the applicant;
      (c) attach any precedent relief supporting the application which may have been issued;
      (d) identify any risks associated with the relief being sought and how the applicant plans to mitigate such risks; and
      (e) in the case of an application to modify a provision, propose wording for the modification.
      Derived from Notice of Updates (Made 11th February 2015). February 2015 Edition

    • RPP 9-3-7

      The reasons stated by the applicant need to show a compelling case for the granting of the relief, as the DFSA does not grant relief lightly. The determination of a waiver or modification is at the discretion of the DFSA and it will generally only grant relief where there is shown to be an appropriate and justifiable reason for doing so.

      Derived from Notice of Updates (Made 11th February 2015). February 2015 Edition

    • RPP 9-3-8

      On occasion, the DFSA may believe that the relief being sought by an applicant may be relevant to, and should be applied to, a large number of persons. In these circumstances instead of requiring the relevant persons to apply for the relief, the DFSA will publish the relief on the homepage of its website and invite the relevant persons to "consent" to the waiver or modification. This is simply done by notifying the DFSA that they wish the notice to apply in relation to their activities.

      Derived from Notice of Updates (Made 11th February 2015). February 2015 Edition