GEN 3.5.1

(1) A Person in GEN Rule 3.4.1(3) (a) to (d) must, subject to (2), take reasonable care to ensure that any Financial Promotion it makes in or from the DIFC:
(a) is clear, fair and not misleading;
(b) includes the Person's name, address and regulatory status;
(c) if it is intended only for Professional Clients, is not sent or directed to any Person who appears on reasonable grounds not to be a Professional Client, and contains a clear statement that only a Person meeting the criteria for a Professional Client should act upon it; and
(d) which is provided to or directed at a Retail Client and contains any information or representation relating to past performance, or any forecast based on past performance or on any other assumptions:
(i) presents a balanced view of the financial products or financial services to which the Financial Promotion relates;
(ii) identifies, in an easy to understand manner, the information from which the past performance or forecast is derived and how any key facts and assumptions used in that context are drawn; and
(iii) contains a prominent warning that past performance is not necessarily a reliable indicator of future performance.
(2) A Person described in GEN Rule 3.4.1(3)(a) who makes a Financial Promotion:
(a) to an existing client in the DIFC; or
(b) to a prospective client in the DIFC relating to the Passported Fund for which the DIFC is the Host Jurisdiction,
is not required to comply with (1) provided that in making the Financial Promotion that Person complies with the requirements of the relevant Financial Services Regulator in the UAE which relate to Financial Promotions.
Added in accordance with Notice of Amendments to Legislation April 2011 [VER27/02-11]
[Amended] DFSA RM184/2016 (Made 7th December 2016). [VER38/02-17]
[Amended] DFSA RM234/2019 (Made 20th February 2019). [VER43/02-19]