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92. Injunctions and Orders

Past version: effective up to 20/08/2014
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(1) In this Article, "relevant requirement" in relation to an application by the DFSA, means a requirement, duty, prohibition, responsibility or obligation which is imposed by or under the Law or Rules or other legislation administered by the DFSA.
(2) Where a person has engaged, is engaging or is proposing to engage in conduct that constituted, constitutes or would constitute a contravention of a relevant requirement, the Court may, on application of the DFSA or any aggrieved person, make one or more of the following orders:
(a) an order restraining the person from engaging in the conduct including, but not limited to, engaging in conduct that may constitute a contravention of a DIFC Law or of a Federal Law to the extent that such law may applies to such person in the DIFC;
(b) an order requiring that person to do any act or thing including, but not limited to, acts or things to remedy the contravention or to minimise loss or damage; or
(c) any other order as the Court sees fit.
(3) Where:
(a) the DFSA is conducting or has conducted an investigation into the acts or omissions of a person (the 'relevant person') which may contravene or which may have contravened a relevant requirement; or
(b) a civil or regulatory proceeding has been instituted, by the DFSA or otherwise, against a relevant person in relation to an alleged contravention of a relevant requirement,
the Court may, on application of the DFSA or any aggrieved person, make one or more of the following orders:
(c) an order restraining the relevant person from paying, transferring, disposing of, or otherwise dealing with, any assets of his which he is reasonably likely to dispose of or otherwise deal with;
(d) an order restraining any other person holding assets on behalf of the relevant person from paying, transferring, disposing of, or otherwise dealing with, any assets of the relevant person which are reasonably likely to be disposed of or otherwise dealt with;
(e) an order prohibiting the relevant person or any other person from taking or sending out of the jurisdiction of the Court or out of the United Arab Emirates any assets of the relevant person or held on his behalf;
(f) in the event that the relevant person is a natural person, an order appointing a receiver or trustee, having such powers as the Court may see fit, of the property or any of the property of the relevant person;
(g) in the event that the relevant person is a body corporate, an order appointing receiver or receiver and manager, having such powers as the Court may see fit, of the property or any of the property of the relevant person;
(h) in the event that the relevant person is a natural person, an order requiring him to deliver up to the Court his passport and such other documents as the Court sees fit; or
(i) in the event that the relevant person is a natural person, an order prohibiting him from leaving the jurisdiction of the Court or of the United Arab Emirates without the consent of the Court.
(4) Nothing in Article 92 affects the powers that any person or the Court may have apart from this Article.