Entire Act

PART 3: MISCELLANEOUS

3.1. Public registers of organisations

The Registrar of Companies must, in the relevant register kept by the Registrar under section 38 (Public registers) of the AIFC Non-profit Incorporated Organisations Regulations, record the following details, so far as relevant, in relation to each Incorporated Organisation (the organisation) that is, or has been, registered in the AIFC:

  • (a) the organisation’s current registered name or, if the organisation is no longer registered, its last registered name;
  • (b) the organisation’s identification number;
  • (c) the organisation’s date of incorporation and, if the organisation is no longer registered, the date it ceased to be registered;
  • (d) the organisation’s former registered names;
  • (e) the date of registration of every change of name;
  • (f) the organisation’s current registered office or, if the organisation is no longer registered, its last registered office;
  • (g) the organisation’s former registered offices;
  • (h) the date of registration of former registered offices;
  • (i) current Founding Members and Ordinary Members or, if the organisation is no longer registered, the last Founding Members and Ordinary Members;
  • (j) the dates of registration of the current or last Founding Members and Ordinary Members
  • (k) the former Founding Members and Ordinary Members;
  • (l) the dates of registration and cessation of former Founding Members and Ordinary Members;
  • (m) the current secretary, if applicable;
  • (n) the date of registration of the current secretary, if applicable;
  • (o) the former secretaries, if applicable;
  • (p) the dates of registration and cessation of former secretaries, if applicable;
  • (q) the organisation’s financial year end;
  • (r) the dates of commencement and cessation of each scheme of arrangement, receivership

or liquidation under the AIFC Insolvency Regulations in relation to the organisation;

  • (s) the name and address, and dates of appointment and cessation (however described), of:
  • (i) each Nominee or Supervisor of a Voluntary Arrangement under the AIFC Insolvency Regulations in relation to the organisation; and

(ii) each Administrator of the organisation under the AIFC Insolvency Regulations;

  • (t) the date of dissolution of the Incorporated Organisation, if applicable.

3.2. Evidence of matters

3.2.1 A certificate that appears to be signed by or on behalf of the Registrar of Companies, and states any matter that appears in a register kept by the Registrar under section 38 (Public registers) of the AIFC Non-profit Incorporated Organisations Regulations, is evidence of the matter.

3.2.2 The Court must accept a certificate under subrule 3.2.1 as proof of the matters stated in it if there is no evidence to the contrary.

3.2.3 A Document that appears to be a copy of the certificate of registration of an Incorporated Organisation, and to be certified by the Registrar of Companies, is evidence of the matters stated in it.

3.2.4 The Court must accept a Document mentioned in subrule 3.2.3 as evidence of the matters stated in it unless the contrary is established.

3.2(A). Retention

All Documents filed with the Registrar must be retained by the Registrar for a minimum of six years from the date of filing, irrespective of the status of the Non-Profit Incorporated Organisation to which such Documents relate.

3.3. Fine limits

The maximum fine that may be imposed on a Person by the Registrar of Companies for a Contravention of a provision of the AIFC Non-profit Incorporated Organisations Regulations mentioned in column 2 of an item of the table in Schedule 2 (Fine limits) is the amount specified in column 4 of the item