- 1.3. Waivers
- 2.1. Prohibition on establishment, promotion and marketing of Collective Investment Schemes
- [deleted]
- 2.5. Secondary transactions and excluded Offers
- 3.4. Deposits
- 3.7. Group arrangements
- 3.18. Sukuk
- 3.21. Other circumstances
- 6.11. Rules relating to Real Estate Investment Trusts
- 6.12. Rules relating to Private Equity Funds
- 6.13. Rules relating to Venture Capital Funds
- 7.4. Use of prime brokers
- 7.11. Ability to delegate or outsource
- 8.3. Eligible Custodian
- 8.4. Contents of a custody agreement
- 8.7. Requirements for notification
- SCHEDULE 1: CONTENT REQUIREMENTS FOR CONSTITUTION
- 10.4. Auditor of a Non-Exempt Fund and a Real Estate Investment Trust
- 1.1.1. Definitions
- 1.1.2. Outsourcing
- 2.6.1. Persons eligible for Membership
- 3.1.7. Short selling and position management
- 3.6.2. Contents of Listing Rules
- 5.2.4. Notification of significant breaches of the Business Rules
- 5.2.1. Information gathering on the AFSA’s own initiative
- 5.2.6. Notification of complaints
- 11. Arranging Deals in Investments
- 5. Providing Custody
- 7. Providing Trust Services
- 10. Advising on Investments
- 6.6.1. Cyber-security policy
- 7.2.2 Permitted Investments and Permitted Loans
- 7.3.15 Forums
- 7.4.2 Loan Administration
- 1.4.4. Section 1: The Introduction
- 2.3.8. Other matters requiring shareholder approval
- 2.5.2. Definitions
- 4.1.1. Appointment of sponsors
- 4.1.2. Procedures relating to appointment of sponsors
- 4.1.3. Independence of sponsors and their employees
- 4.1.4. AFSA’s power of direction
- 4.1.5. Obligations of a sponsor
- 4.1.6. Sponsor’s obligation when aware of non-compliance
- 4.1.7. Duty of care of sponsors
- 4.1.8. Co-operation with sponsors
- 4.1.9. Notifying the AFSA of failure to co-operate
- 4.1.10. Termination of appointment
- 4.2.1. Appointment of a compliance adviser
- 5.1.1. Conduct amounting to Market Abuse
- 12.11. Fitness and Propriety of Persons acting as trustees
- 12.10. Due diligence
- 17.1. [intentionally omitted]
- 5.2.5. Unlawful disclosure of Inside Information
- 5.2.6. Persons possessing Inside Information
- 5.3.1 Definition of Insider Dealing
- 5.3.2. Recommending or Inducing Insider Dealing
- 5.3.3. Persons to whom MAR 5.3.2 and MAR 5.3.1 apply
- 5.3.4. Behaviour that does not constitute Insider Dealing
- 5.3.5. Behaviour that does not constitute Insider Dealing – public takeover
- 5.3.6. Behaviour that does not constitute Insider Dealing – use of own knowledge
- 5.4.2. Market Manipulation Activities
- 5.4.3. Market Manipulation Behaviour
- 5.4.4. Accepted Market Practice
- 5. MARKET ABUSE
- 5.5.1. Definition of Market Sounding
- 5.5.2. Disclosure of Inside Information in the course of Market Sounding
- 5.5.3. Requirements on a Person conducting or intending to conduct Market Sounding
- 6.2.1. Obligation to draw up insider lists
- 6.2.2. Reporting Entity is responsible for complying with MAR 8.2.2 (Obligation to draw up insider lists)
- 6.2.7. Record Keeping
- 6.2.3. Contents of the Insider List
- 6.2.4. Persons on the Insider List
- 6.2.5. Updating the Insider list
- 6.2.6. Provision of Insider Lists to the AFSA
- 6.3.2. Transactions on behalf of Persons discharging managerial responsibilities
- 6.3.3. Content of notification
- 6.3.6. Notifying Persons discharging managerial responsibilities of their obligations
- 6.3.9. Discretion to permit trading with the closed period
- Chairman and chief executive
- Executive and non-executive directors
- Audit committee
- 1.1.1. Application procedure
- 1.1.6. Default procedures
- 1.2.5. Supervisory powers of the AFSA
- 2.1.1. Application procedure
- 2.2.5. Supervisory powers of the AFSA
- 1.4 Application of these Rules
- 3.1. Keeping of registers
- 4.4. No Certificates of Title in relation to Uncertificated Investments
- 4.2. Substitution of tangible documentary requirements
- 4.3. Instructions to transfer Uncertificated Investments
- SCHEDULE 1: INTERPRETATION
- 1.8. Application of these rules — genera
- Securities Settlement System
- 4.3 Calculating Liquid Assets
- 4.2 Who is suitable to provide professional indemnity insurance?
- General Insurance Category 1: Accident
- General Insurance Category 15: Suretyship
- 25. Prohibition relating to Controlled Functions
- 26. Prohibition relating to Designated Functions
- 27. Prohibition relating to Financial Promotions
- 36. Application for a Licence to carry on Market Activities
- 6. Meaning of “in or from the AIFC"
- 11. Appeals against decisions of the AFSA, and the AFSA's statutory immunity
- 28. Enforceability of Agreements
- 29. False claims to be a Centre Participant
- 30. Application for a Licence to carry on Regulated Activities
- 32. Financial technology
- 40. Application for a Licence to carry on Ancillary Services
- 48. Requirement for AFSA approval to change in control
- 79. Civil compensation
- 49. Rules governing Controllers
- 50. Powers of the AFSA in respect of Controllers
- 53. Legal effect of Business Rules
- 78. Statements about future matters
- 54. Enforcement of Business Rules
- 55. Persons eligible for Membership
- 60. Prohibition – Offer of Securities
- 81. Definition of Reporting Entity
- 61. Definition of an Offer of Securities
- 62. Prohibition – Admission to trading
- 66. Admission of Securities or Units in a Listed Fund to an Official List
- 70. AFSA power to prescribe Prospectus content
- 77. Defence of reasonable reliance on information given by another Person
- 72. AFSA power to publish or require publication of information
- 73. Obligation to issue a Supplementary Prospectus
- 75. Prohibition against misleading and deceptive statements or omissions
- 76. Defence of reasonable inquiries and reasonable belief
- 82. Governance
- 85. Sponsors and compliance advisers
- 86. Market Abuse
- 88. Takeover Rules
- 124. Injunction – contraventions
- 89. Recognition of Non-AIFC Market Institutions
- 90. Exemption for Recognised Non-AIFC Market Institutions from General Prohibition
- 91. Recognised Non-AIFC Member
- 94. Power to give directions in respect of Collective Investment Schemes
- 95. Exercise of supervisory powers by the AFSA
- 97. Power to require the production of a report
- 99. Power to impose a prohibition
- 100. Power to impose a requirement
- 101. Power to enter into enforceable agreement
- 102. Obligation of disclosure to the AFSA
- 105. Obstruction of the AFSA
- 106. No liability for provision of information or documents to the AFSA
- 107. Self-incrimination
- 125. Injunction – investigations and proceedings
- 108. Privilege
- 112. Application to the AIFC Court
- 113. Powers of the Court in relation to a transfer scheme
- 114. Power of the AFSA to conduct an investigation
- 115. Costs of an Investigation
- 116. Powers to Obtain Information and Documents for Investigation
- 117. Use and effect of information and documents obtained for an Investigation
- 118. Sanctions for contraventions
- 119. General contravention provision
- 122. Appointment of Managers
- 120. Involvement in contraventions
- 126. Injunction – market abuse
- 127. Restitution Order – contraventions
- 128. Restitution Order – market abuse
- 129. Action for damages
- 132. General prohibition on disclosure
- 1. Interpretation
- 4. Opportunity to make representations before a decision
- 5. Decision Notice
- 6. Opportunity to make representations after a decision
- 4. Appeal of decision to publish a statement to be held in private
- 3.2.2. No avoidance of regulatory liability
- 1.4.1. Activities performed in FinTech Lab
- 1.1.13. . Exclusion in respect of non-financial business
- Unitholder
- 1.1.2. Form and content of application for a Licence
- 1.1.5. Fitness and propriety
- 1.1.9. Activities carried on by way of business
- 1.1.10. Exclusion in respect of Dealing in Investments as Principal
- 1.1.12. Exclusion in respect of acting with or for Group companies
- 1.1.14. Exclusion in respect of dealing in Commodity Derivatives or Environmental Instruments
- 1.1.16. Exclusion in respect of acting as a trustee
- 1.1.17. Exclusion in respect of Single Family Offices
- 1.2.1. Form and content of application for a Licence
- 1.2.5. Fitness and propriety
- 1.3.2. Form and content of application for a Licence
- 2.3.7. Appointment of Designated Individual
- 3.1.1. Definition of a Controller
- 3.1.2. Definition of “share” and “holding”
- 3.1.3. Disregarded holdings
- 3.2.2. Approval process
- 3.2.3. Effect of AFSA approval or conditional approval
- 3.3.1. Notification for decrease in the level of control of Authorised Person incorporated in the AIFC
- 3.3.2. Notification of changes relating to control of Branches
- 5.6.1. Identification of conflicts of interest
- 5.6.2. Factors relevant to the existence of a conflict of interest in the provision of a service
- 6.1.2. Nomination or approval of Skilled Person
- 6.1.4. Contract with Skilled Person
- 6.2.5. Suspected Market Abuse
- 6.2.6. Fraud and errors
- 6.2.9. Winding up, bankruptcy, insolvency and resolution
- 2.3.1. Classification as a Professional Client
- 3. Managing Investments
- 15. Insurance Intermediation
- 17. Accepting Deposits
- 18. Providing Credit
- 19. Advising on a Credit Facility
- 20. Arranging a Credit Facility
- 2. Operating a Clearing House
- 4. Operating a Loan Crowdfunding Platform
- 5. Operating an Investment Crowdfunding Platform
- 2.1.1. Obligation to classify Clients
- 2.1.3. Person may be classified as more than one category of Client
- 2.2.2. Authorised Firm may choose to treat any Person as a Retail Client
- 2.4.2. Large Undertakings
- 2.5.1. Assessed Professional Clients: Individual Clients
- 2.5.3. Assessment of experience and understanding
- 2.6.1. Obligation to notify Professional Client of right to be treated as a Retail Client
- 2.7.1. Classification as a Market Counterparty
- 2.7.2. Requirement for confirmation by the Client
- 2.9.1. General application of the "agent as client" rule
- 3.2.3. Information to be communicated directly to Client
- 3.3.1. Prohibition on Financial Promotions
- 3.3.3. Exempt Financial Promotions
- 3.3.4. Other exclusions from the Financial Promotions Prohibition
- 3.3.6. Financial Promotions included in other communications
- 3.3.7. Withdrawal of a financial promotion
- 3.4.3. No express request for a real time Financial Promotion
- 3.4.7. Procedure for Unsolicited Real Time Financial Promotions
- 2.5. Fee for keeping information in the Register kept by the Registrar
- 4.2.1. Requirement to enter into a client agreement
- 6.2.9. Records of orders and transactions
- 6.3.1. General requirement
- 7.2. Identifying a conflict of interest
- 7.3. Managing a conflict of interest
- 7.5.2. Content of written notice
- 8.1.3. Meaning of "hold" and "control"
- 8.2.1. Meaning of "Client Money"
- 8.2.8. Exceptions to Holding Client Money in Client Money Accounts
- 8.3.11. Use of Client Investments for the purposes of the Authorised Firm or another Person
- 8.3.16. Reconciliations
- 8.5.4. Client Money
- 5.1.4. Identification of Politically Exposed Persons
- 5.1.6. Prohibition on relationships with Shell Banks
- Financial Promotion
- Fund Manager
- 1.1. Application
- 1.9. Islamic Banking Business
- 1.10. Providing Islamic Financing
- 2.1. Requirements for Authorisation
- 2.3. Prohibition on holding out as conducting Islamic Financial Business
- 8.1. Application
- General Takaful Category 1: Accident
- General Takaful Category 15: Suretyship
- PRU Dealing Investment Firm
- PRU Intermediary Investment Firm
- PRU Investment Firm
- 1.1 Application
- 3.1 Representation
- 3.6 Dealing with property
- 3.7 Communications
- 1.1. General application rule
- 2.1.1. Form of application
- Contract of Reinsurance
- 2.1. General introduction to FinTech Lab
- 2.2. Testing the FinTech Activities
- 2.3. Developing the FinTech Activities
- 2.4. Application process
- 2.5. Licence
- 2.6. Waivers, conditions, restrictions
- Externally Regulated PRU Investment Firm
- 2.7.
- 4.1.
- 3.1.2. Obligation to keep disclosed information confidential
- 3.2.5. Confidentiality of requests for information
- 3.2.6. Applications to request confidential information
- 3.2.8. Notice of disclosure
- 7. Providing Trust Services
- 3. Managing Investments
- 5. Providing Custody
- 10. Advising on Investments
- 2. Operating a Clearing House
- 11. Arranging Deals in Investments
- 13. Insurance Intermediation
- Associate
- Borrower
- Client
- Central Securities Depository
- Certificate
- Client Money
- Company service provider
- Connected Person
- Controller
- Credit Facility
- Credit Rating
- Deposit
- Director
- Insider Dealing
- Investor
- Issuer
- Loan Administrator
- Market Abuse
- Market Contract
- Market Making Strategy
- Marketing Material
- Member
- Offer of Securities
- Offer of Units
- Operating a Private E-currency Business
- Partner
- PEP
- Policyholder
- Policyholder or Participant
- Private Placement
- Property Manager
- Reporting Entity
- Recognised NonAIFC Clearing House
- Recognised NonAIFC Investment Exchange
- Recognised NonAIFC Member
- Recognition Requirements
- Regulated Financial Institution
- Related Person
- Skilled Person
- 1.2.3. Application fees payable to the AFSA in respect of Ancillary Services
- 2.4.1. Fee for Post- Registration Procedures
- 2.6. Fee for reservation of a name
- 5.1.2. Increase of sum due if fee not paid
- 7.1.1. General
- 7.2.1. General
- 7.3.1. General