Entire Act

4. RELATIONSHIP WITH THE AFSA

4.1 Provision of Information

(1) The AFSA may request any information that a Representative Office or another member of its Group has provided to a Financial Services Regulator. Upon such a request, the Representative Office shall provide the AFSA with such information.

(2) A Representative Office must take reasonable steps to ensure that all information that it provides to the AFSA in accordance with any legislation applicable in the AIFC is:

(a) factually accurate or, in the case of estimates and judgements, fairly and properly based; and

(b) complete, in that it should include anything of which the AFSA would reasonably expect to be notified.

4.2 Notifications

(1) A Representative Office must make a notification to the AFSA as soon as reasonably practicable if any of the following occur:

(a) the Representative Office changes its:

    (i) name;

  • (ii) legal status;
  • (iii) Controller(s); or
  • (iv) Address,

(b) the Representative Office becomes aware of or has information that reasonably suggests a breach of a Rule or of a provision of AFSA administered legislation by the Representative Office; or

(c) the Representative Office becomes aware of any materially adverse information which would on reasonable grounds be considered likely to affect the fitness and propriety of the Representative Office or Principal Representative.

(2) A Representative Office must make a notification to the AFSA immediately if it becomes aware, or has information that reasonably suggests that:

(a) it has or may have provided the AFSA with information which was or may have been false, misleading, incomplete or inaccurate; or

(b) information previously provided to the AFSA has or may have changed in a material particular.

(3) A notification made under REP 4.2(2) shall include the following information:

(a) details of the information which is or may be false or misleading, incomplete or inaccurate or has or may have changed;

(b) reasons why the information in REP 4.2(3)(a) was or may have been provided; and

(c) the correct information.

(4) If the information in REP 4.2(3)(c) cannot be submitted with the notification it must be submitted as soon as reasonably possible.