Entire Act

PART 13: Miscellaneous

157. Public Registers

(1) The AFSA must publish and maintain, in such manner as it considers appropriate, a register of current and past grants, withdrawals and suspensions of Licences of all Authorised Persons and Ancillary Service Providers, and particulars of the status of Recognised Non-AIFC Market Institutions, Recognised Non-AIFC Members, Foreign Fund Managers, Approved Individuals, Designated Individuals, and Principal Representatives.

(2) The AFSA may publish and maintain, in such manner as it considers appropriate, registers of:

(a) all Persons in relation to whom action has been taken under section 45-1(1); and

(b) all Persons who have been prohibited under section 118(1)(g) from holding office or being a Director or Employee of any Authorised Person or Ancillary Service Provider,

indicating whether or not any such action or prohibition is in effect.

(3) The AFSA may decide not to publish information about a suspension imposed under section 45-1(3).

(4) The AFSA must make a reasonably current version of each register kept under subsections (1) and (3) freely available for viewing by the public during the normal business hours of the AFSA.

158. Extended powers

(1) Any power which the AFSA may exercise in relation to an Authorised Person, Ancillary Service Provider, Approved Individual, Designated Individual or any Director, officer, Employee or representative of an Authorised Person, Ancillary Service Provider, or Registered Auditor under these Regulations or any other Rules or other legislation administered by the AFSA may, subject to subsections (2) and (3), continue to be exercised after the date on which:

(a) the Licence of such Authorised Person or Ancillary Service Provider; or

(b) the Approved Individual or Designated Individual status of such individual;

is withdrawn by the AFSA under these Regulations or any other Rules or other legislation administered by the AFSA.

(2) Except as provided in subsection (3), the AFSA may only exercise a power under subsection (1) in relation to a Person within three years after the day on which the AFSA became aware of the act or omission that gave rise to the right to exercise the power in respect of that Person.

(3) If proceedings with respect to the act or omission are commenced by the AFSA within the period referred to in subsection (2), then the provisions of subsection (1) remain in force until such time as the proceedings and any review or appeal relating to the proceedings are completed.

(4) For the purposes of this section, the AFSA is aware of an act or omission if it has information from which the act or omission can reasonably be inferred.

(5) The decision-making procedures in Schedule 1 apply to a decision made by the AFSA under this section.

159. Publication by the AFSA

(1) The AFSA may publish in such form and manner as it considers appropriate information and statements relating to decisions of the AFSA. sanctions, and any other matters which the AFSA considers relevant to the conduct of affairs in the AIFC.

(2) Subject to any directions given by the AIFC Court, the AFSA may publish statements regarding any matters considered by the AIFC Court involving the AFSA.