IFR 5.1.1 Guidance

Past version: effective from 01/03/2010 - 08/12/2012
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A PSIA does not constitute a Deposit, because a PSIA is managed in relation to property of any kind, and the risk of loss of capital, to the extent of the Client's contribution, remains with the Client. Accordingly, an Authorised Firm should take great care to ensure that a PSIA is not represented as a Deposit, either directly or indirectly. The DFSA may conclude that the Authorised Firm is Accepting a Deposit instead of Managing a PSIA in certain circumstances, for example, where the Authorised Firm attaches to the investment account characteristics or facilities that are generally regarded to be those of a Deposit or current account such as providing:

a. an explicit or implicit guarantee to the Client against the risk of loss of capital; or
b. a cheque book, an ATM card or a debit card.
Derived from DFSA RM69/2010 (Made 1st March 2010). [VER1/03-10]