Entire Section

  • Part 10: Part 10: Miscellaneous

    • 114. Irregularities

      (1) In this Article:
      (a) "procedure" is a reference to any procedure including but not limited to the making of a decision, the conduct of a hearing, the giving of a notice, and any proceeding whether a legal proceeding or not; and
      (b) "procedural irregularity" includes a reference to a defect, irregularity or deficiency of notice or time.
      (2) A procedure under the Law or the Rules or any other legislation administered by the DFSA is not invalidated because of any procedural irregularity unless the Court declares the procedure to be invalid.
      (3) A person may apply to the Court for an order:
      (a) declaring that:
      (i) any act or thing purporting to have been done; or
      (ii) any procedure purporting to have been commenced or undertaken,
      under the Law or the Rules or any other legislation administered by the DFSA is not invalid by reason of any contravention of a provision of such Law, Rules or other legislation; or
      (b) extending or abridging the period for doing any act, matter or thing or commencing or undertaking any procedure under the Law or the Rules or any other legislation administered by the DFSA;
      where any such act or thing, or procedure, is essentially of a procedural nature.

    • 115. Filing of Material with the DFSA

      The DFSA may by means of Rules:

      (a) require the filing of certain material with the DFSA, including without limitation in relation to applications for Licences, authorisations and registration;
      (b) prescribe the manner in which such material shall be filed;
      (c) prescribe which material, or parts of the material, shall be made available for viewing by the public during the normal business hours of the DFSA;
      (d) permit or require the use of an electronic or computer-based system for the filing, delivery or deposit of, documents or information required under or governed by the Law and Rules or other legislation administered by the DFSA, and any ancillary documents; and
      (e) prescribe the circumstances in which persons or companies shall be deemed to have signed or certified documents on an electronic or computer-based system for any purpose under the Law.

    • 116. Publication by the DFSA

      (1) The DFSA shall make available to the public without undue delay after their making or issuing:
      (a) Rules made by the DFSA Board of Directors;
      (b) Guidance in the form of:
      (i) guidance made and issued by the Chief Executive under the Law; and
      (ii) a standard or code of practice issued by the DFSA Board of Directors which has not been incorporated into the Rules.
      (2) The DFSA may publish in such form and manner as it regards appropriate information and statements relating to decisions of the DFSA, the FMT and the Court, sanctions, and any other matters which the DFSA considers relevant to the conduct of affairs in the DIFC.
      (3) Publications made under this Article may be provided with or without charge as the DFSA Board of Directors may determine.

    • 117. Language

      The DFSA may require communication to which it is a party to be conducted in English.

    • 118. General Saving and Transitional

      (1) For the purposes of this Article:
      (a) "previous law" means the Regulatory Law 2004 , the Markets Law 2012, the Collective Investment Law 2010, the Law Regulating Islamic Finance Business Law 2004 and the Investment Trust Law 2006 as in force immediately before the commencement of the DIFC Laws Amendment Law No. 1 of 2014;
      (b) "current law" means the provisions of the laws referred to in paragraph (a) as in force after the commencement of the DIFC Laws Amendment Law No. 1 of 2014.
      (2) The DFSA may, by Rules, prescribe any transitional or saving provisions as appear to the DFSA necessary so as to give effect to, or facilitate, the transition from the previous law to the current law.