TKO 16.1.2 Guidance

1. Under Article 9 of the Markets Law 2012 the DFSA may waive or modify the application of the Markets Law 2012 or of the Rules.
2. The DFSA may grant a waiver or modification from the application of the Rules where a Takeover transaction is subject to the dual jurisdiction of the DFSA and a regulator or agency of a jurisdiction other than the DIFC. While applications will be considered on a case by case basis, it should be expected that the factors that the DFSA will take into account in considering such an application will include:
(a) whether the application of legislation or procedures of that other jurisdiction will or will not adequately and properly govern the transaction;
(b) whether such legislation or procedures will or will not provide shareholder protection in a manner commensurate with these Rules, DIFC Law and international best practice;
(c) whether the grant of the application is or is not in the interests of the DIFC.

Derived from DFSA RM23/2005 (Made 26th September 2005). [VER1/09-05]
[Amended] DFSA RM87/2012 (Made 14th June 2012). [VER5/06-12]