Person

A Person includes any natural person, Body Corporate or body unincorporated, including a legal person, company, Partnership, unincorporated association, government or state.

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• 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