32. Exercise of functions of the Registrar

(1) The Registrar shall administer these Regulations.

(2) In the exercise of his functions under these Regulations, the Registrar has all the powers and duties conferred upon him by:

1. (a) Chapters 1 (Powers of Inspection and Investigation) and 2 (Other Powers of the Registrar) of Part 14 (Powers and Remedies) of the AIFC Companies Regulations;
2. (b) Part 2 (The Appointment and Role of Registrar) of the AIFC Companies Regulations; and
3. (c) Chapters 2 (The Registrar) and 3 (Miscellaneous) of Part 15 (General Provisions) of the AIFC Companies Regulations, including the power of delegation.

(3) In exercising any powers and duties conferred upon the Registrar in subsection (2), any reference to a “Relevant Entity” shall be interpreted as applying to a Foundation, and any reference to “Relevant Person(s)”, “Director(s)” or “Officer(s)” shall be interpreted as referring to member(s) of the Council.

(4) A Foundation must comply with the provisions of the AIFC Companies Regulations specified in subsection (2) as if it were a "Relevant Entity" and any reference to “Relevant Person(s)”, “Director(s)” or “Officer(s)” in relevant sections in the AIFC Companies Regulations shall be interpreted to refer to member(s) of the Council.

33. Register to be kept and made available for public inspection

(1) The Registrar must keep a Register for the purposes of these Regulations.

(2) The Register must include the information contained in subsections 14(2)(a) to (d) (Creation), inclusive of the details of any changes filed with the Registrar.

(3) On payment of any prescribed fee, the Registrar must supply a Person with a certificate stating whether or not a named body is a Foundation and, if it is, the following details as they appear in the Register:

1. (a) the date of its establishment;
2. (b) its registration number;
3. (c) the registered office of the Foundation in the AIFC; and
4. (d) in respect of a Foundation established for objects which are exclusively charitable pursuant to subsection 9(1)(a):
5. (i) the full name and nationality of each Founder; and

(ii) the full name and nationality of each member of the Council of the Foundation.

(4) On payment of any prescribed fee, the Registrar must supply a Person with Sufficient Interest with a certified copy of the Charter as filed with the Register.

(5) The following documents are admissible in evidence in legal proceedings:

1. (a) a certificate supplied by the Registrar under subsection (3); or
2. (b) a certified copy of the Charter supplied under subsection (4).

34. Keeping of records by Registrar

(1) A record delivered to the Registrar under these Regulations may be kept by the Registrar in any form:

• (a) that is approved by the Board of Directors of the AFSA or by the Registrar; and
• (b) that is capable of being reproduced in a legible form.

(2) The Registrar is to be taken to have complied with an obligation to keep a record if he has complied with subsection (1) in respect of the record.

(3) The Registrar may destroy a record kept by the Registrar if:

• (a) it is an original record and it has been recorded and kept in accordance with subsection (1); or
• (b) it relates solely to a Foundation that has been dissolved more than six (6) years previously.

35. Registrar may change registration number of Foundation

The Registrar may, for good cause, change the registration number of a Foundation, provided that he must inform the Foundation if he does so.

36. Foundation to make annual return

(1) A Foundation must file an annual return with the Registrar.

(2) The annual return must be filed in the form and manner prescribed by the Registrar and must contain the information required by the Registrar

(3) The annual return must be made up to the Foundation’s return date, or such other date the Registrar considers appropriate, and must be submitted to the Registrar within 6 months of the end of each financial year, or other date the Registrar considers appropriate.

(4) A Foundation which fails to file an annual return by the date specified in subsection (3) is liable to a fine, as set out in Schedule 3 (Fines and Fees).

(5) A Foundation must pay the prescribed application for registration fees to the Registrar as prescribed in Regulations.

37. Power of the Registrar to refuse documents

(1) The Registrar may refuse to accept any document delivered under these Regulations if:

• (a) it does not comply with these Regulations;
• (b) it has not been duly completed;
• (c) it contains any material error;
• (d) it is not legible; or
• (e) is not accompanied by the prescribed fee.

(2) If the Registrar refuses to accept a document, the Registrar must return it to the Person who submitted it together with a notice specifying the grounds upon which the document was refused.

(3) Subject to subsection (5), a document refused by the Registrar is deemed not to have been delivered.

(4) A Person who is aggrieved by the refusal of a document by the Registrar may appeal to the Court within thirty (30) days after the date of refusal or such further time as the Court may allow.

(5) On hearing an appeal under subsection (4), the Court may confirm the refusal or make such determination in the matter as it sees fit.