41. The Financial Services Prohibition

Past version: effective from 11/07/2010 - 04/07/2012
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(1) Subject to Article 41(6), (7) and (9) and Article 42(3), a person shall not carry on a Financial Service in or from the DIFC.
(2) The DFSA shall make Rules prescribing the activities which constitute a Financial Service.
(3) The prohibition in Article 41(1) is referred to in the Law as the "Financial Services Prohibition".
(4) The DFSA may make Rules adding to, removing activities from, or otherwise modifying the list of Financial Services made under Article 41(2).
(5) A person shall, in engaging in activity constituting a Financial Service, or in engaging in any like activity that may constitute a Financial Service except for the form and manner in which the activity is carried out, comply with Federal Law to the extent that such law applies in the DIFC.
(6) A Recognised Body is exempt from the Financial Services Prohibition with respect to any Financial Service specified in its Recognition Notice:
(a) which is carried on as a part of the Recognised Body's business as an investment exchange; or
(b) which is carried on for the purposes of, or in connection with, the provision of clearing services by the Recognised Body.
(7) A Recognised Member is exempt from the Financial Services Prohibition with respect to any Financial Service which is carried on for the purposes of, or in connection with, trading on or using the facilities of an Authorised Market Institution of which it is a remote member.
(8) A Recognised Body or Recognised Member shall:
(a) act within the scope of its authority under its Recognition Notice; and
(b) comply with any condition or restriction applicable to its Recognition Notice.
(9) A Fund is exempt from the Financial Services Prohibition with respect to any Financial Service which is carried on for the purposes of, or in connection with, the Fund if the Fund has a Fund Manager or External Fund Manager that falls within Article 42(3) (a) or (b). This exemption applies to a Fund even where it does not have legal personality.