3.3. Notification requirements
3.3.1. Notification for decrease in the level of control of Authorised Person incorporated in the AIFC
A Controller of an Authorised Person which is incorporated in the AIFC must submit, using the form prescribed in Schedule 3, a written notification to the AFSA where that Person:
- (a) proposes to cease being a Controller; or
- (b) proposes to decrease that Person’s holding from more than 50% to 50% or less.
3.3.2. Notification of changes relating to control of Branches
(1) In the case of an Authorised Person which is a Branch, a written notification to the AFSA must be submitted by a Controller or a Person proposing to become a Controller of that Authorised Person in accordance with (3) in respect of any one of the events specified in (2).
(2) For the purposes of (1), a notification to the AFSA is required when:
- (a) a Person becomes a Controller;
- (b) an existing Controller proposes to cease being a Controller; or
- (c) an existing Controller’s holding is:
(i) increased from below 30% to 30% or more;
(ii) increased from below 50% to 50% or more; or
(iii) decreased from more than 50% to 50% or less.
(3) The notification required under (1) must be made by a Controller or Person proposing to become a Controller of a Branch using the Form prescribed in Schedule 3 as soon as possible, and in any event, before making the relevant acquisition or disposal.