FEES RULES

Fees Rules

Guidance: Purpose of this rulebook

The purpose of this rulebook, “FEES”, is to set out the framework for entities to pay fees in order to apply to operate within the jurisdiction of the AIFC and, in some cases, they may pay annual supervision fees to continue operating in this way. In addition, where such entities fail to comply with legal and regulatory requirements, they may also be liable to pay a late fee and/or fine as set out in FEES.

1. APPLICATION FEES PAYABLE TO THE AFSA

1.1. Application

This Chapter applies to:

(a) an Authorised Firm, or a Person applying for Authorised Firm status;

(b) an Authorised Market Institution, or a Person applying for Authorised Market Institution status;

(d) a Recognised Non-AIFC Market Institution or Recognised Non-AIFC Member, or a Person applying for Recognised Non-AIFC Market Institution or Recognised Non-AIFC Member status;

(e) a Centre Participant or Person applying for waivers and/or modifications under AIFC Financial Services Framework Regulations;

(f) a Centre Participant or Person applying for no-action letter under AIFC Financial Services Framework Regulations;

(g) a Domestic Fund Manager that intends to manage an Exempt or Non-Exempt Fund; and

(h) a Foreign Fund Manager that intends to manage an Exempt Fund.

Guidance

FEES 1 deals only with application fees for the AFSA. Centre Participants may also be required to pay application fees to the Registrar of Companies under the Companies Regulations as specified in FEES 2.

1.2. Application fees

1.2.1. Application fees payable to the AFSA in respect of Regulated Activities

An applicant seeking to conduct Regulated Activities or an Authorised Firm applying to modify or withdraw a Licence to carry on Regulated Activities must pay to the AFSA:

(a) the application fees specified in Schedule 1; and
(b) any supplementary fee required by the AFSA in accordance with FEES 6.

1.2.2. Application fees payable to the AFSA in respect of Market Activities

An applicant seeking to conduct Market Activities or an Authorised Firm applying to modify or withdraw a Licence to carry on Market Activities must pay to the AFSA:

(a) the application fees specified in Schedule 2; and
(b) any supplementary fee required by the AFSA in accordance with FEES 6.

1.2.3. Application fees payable to the AFSA in respect of Ancillary Services

An applicant seeking to carry on one or more Ancillary Services or an Ancillary Service Provider applying to vary or withdraw a Licence to carry on Ancillary Services, must pay to the AFSA:

(a) the application fees specified in Schedule 3; and
(b) any supplementary fee required by the AFSA in accordance with FEES 6.

Guidance

REC 1.1.1 states that a Person that operates an investment exchange or clearing house outside the AIFC may apply to the AFSA to become a Recognised Non-AIFC Market Institution by providing specified information and records, and by paying the fee prescribed in FEES.

REC 2.1.1 states that a Person located in a jurisdiction other than the AIFC may apply to the AFSA to become a Recognised Non-AIFC Member by completing an application, providing information required, and by paying the fee prescribed in FEES.

CIS 4.3 states that the AFSA will register a Fund if the Fund Manager is either: (i) authorised as a Fund Manager by the AFSA; or (ii) a Foreign Fund Manager that is authorised by a Financial Services Regulator: (1) in a Recognised Jurisdiction; or (2) in a jurisdiction that is otherwise acceptable to the AFSA pursuant to CIS Schedule 3.

1.2.4. Application fees payable in respect of a Recognised Non-AIFC Market Institution, Recognised Non-AIFC Member or Foreign Fund Manager

An applicant seeking recognition as a Recognised Non-AIFC Market Institution, Recognised Non-AIFC Member or Foreign Fund Manager must pay:

(a) the application fees specified in Schedule 4; and
(b) any supplementary fee required by the AFSA in accordance with FEES 6.

1.2.5. Application fees payable to the AFSA in respect of waivers and/or modifications

An applicant seeking AFSA decision on waiver and/or modification under the AIFC Financial Services Framework Regulations, must pay to the AFSA:

(a) the application fees specified in Schedule 7; and

(b) any supplementary fee required by the AFSA in accordance with FEES 6.

1.2.6. Application fees payable to the AFSA in respect of no-action letter

1.2.6. An applicant seeking AFSA decision on no-action letter under the AIFC Financial Services Framework Regulations, must pay to the AFSA:

(a) the application fees specified in Schedule 7; and

(b) any supplementary fee required by the AFSA in accordance with FEES 6.

1.3. Approved Individuals

Fees are payable in respect of any application for an Approved Individual as specified in Schedules 1, 2 or 6, depending on the nature of the entity on whose behalf the Approved Individual is acting.

1.4. Non-refundable nature of application fees

Any application fees paid, whether in respect of an applicant, Authorised Firm or Approved Individual, are non-refundable, regardless of whether the application is successful or not.

2. APPLICATION AND OTHER FEES PAYABLE TO THE REGISTRAR OF COMPANIES

2.1. Application

2.1.1. Application fees payable to the Registrar of Companies in respect of a Company or Partnership

An applicant seeking to register or have recognised a legal entity must pay to the Registrar of Companies the application fees specified in Schedule 5.

Guidance

The fee specified in relation to each matter above is payable to the Registrar of Companies on the registration of the documents so delivered

2.1.2. Application fees payable to the Registrar of Companies in respect of a Foreign Company or Partnership incorporated outside the AIFC

An applicant on behalf of a Company or Partnership incorporated outside the AIFC seeking recognition as a Recognised Company or Partnership or continuation in order to carry on business in the AIFC and applying for a relevant certificate, must pay to the Registrar of Companies the application fees specified in Schedule 5.

Guidance

The fee specified in relation to each matter above is payable to the Registrar of Companies on the registration of the documents so delivered.

2.1.3. Application fees payable to the Registrar of Companies in respect of transfer of incorporation from the AIFC

A Company or Partnership registered in the AIFC seeking to transfer its incorporation from the AIFC must pay to the Registrar of Companies the application fee specified in Schedule 5.

2.2. Non-refundable nature of application fees

Any application fees paid, whether in respect of an applicant, Authorised Firm or Approved Individual, are non-refundable, regardless of whether the application is successful or not.

2.3. Filing fee for annual return or annual confirmation of accuracy of information in the register

2.3.1. Fee payable to the Registrar of Companies in respect of filing an annual return or annual confirmation of accuracy of information in the register or accounts in relation to each financial year.

When an annual return or annual confirmation of accuracy of information in the register or accounts in relation to each financial year is filed under the Companies Regulations and other Legislation Administered by the Registrar, it must be accompanied by the filing fee specified in Schedule 5-2.

Guidance

Section 26(2) of the Companies Regulations specifies that a company’s annual return must be accompanied by the filing fee prescribed by the Registrar of Companies from time to time.

Section 26-1(10) of the Companies Regulations specifies that a company’s annual confirmation of accuracy of information in the register must be accompanied by the filing fee prescribed by the Registrar of Companies from time to time.

2.4. Fees for Post - Registration Procedures

2.4.1. Fee for Post- Registration Procedures

A Person seeking to proceed with Post-Registration Procedure in relation to a Centre Participant may be required to pay a prescribed fee specified in Schedule 5-1 for each specific procedure.

Guidance

Sections (17) and (148) of the Companies Regulations specify that the Registrar of Companies may charge a fee for the procedure of change in Registered Details or other Post-Registration Procedures under the Companies Regulations, Rules or any other Legislation administered by the Registrar.

2.5. Fee for keeping information in the Register kept by the Registrar

2.5.1. A Person seeking to make election to keep information in the Register kept by the Registrar may be required to pay a fee prescribed by the Registrar from time to time.

2.6. Fee for reservation of a name

2.6.1. A Person seeking to apply to the Registrar of Companies for the reservation of a name may be required to pay a fee prescribed by the Registrar from time to time.

Guidance

Rule 2.4. of the Companies Rules specifies that an application for the reservation of a name for a Company (or proposed Company) must be accompanied by the prescribed fee set out in the Rules from time to time.

Rule 2.1. of the General Partnership Rules specifies that an application for the reservation of a name for a General Partnership (or proposed General Partnership) must be accompanied by the prescribed fee set out in the Rules from time to time.

Rule 2.2. of the Limited Partnership Rules specifies that an application for the reservation of a name for Limited Partnership (or proposed Limited Partnership) must be accompanied by the prescribed fee set out in the Rules from time to time.

Rule 2.2. of the Limited Liability Partnership Rules specifies that an application for the reservation of a name for a Limited Liability Partnership (or proposed Limited Liability Partnership) must be accompanied by the prescribed fee set out in the Rules from time to time.

Rule 2.4. of the Non-Profit Incorporated Organisations Rules specifies that an application for the reservation of a name for an Incorporated Organisation (or proposed Incorporated Organisation) must be accompanied by the prescribed fee set out in the Rules from time to time.

2.7. Application fees payable to the Registrar of Companies in respect of waivers and/or modifications

An applicant seeking decision of the Registrar of Companies on waiver and/or modification under the Companies Regulations, must pay the fee prescribed by the Registrar of Companies from time to time.

3. ANNUAL SUPERVISION FEES PAYABLE TO THE AFSA

3.1.1. What annual supervision fees must be paid

An Authorised Firm, Authorised Market Institution, Ancillary Service Provider, Recognised Non-AIFC Market Institution or Recognised Non-AIFC Member must pay to the AFSA:

(a) the annual supervision fee specified in Schedule 6; and
(b) any supplementary fee required by the AFSA

3.1.2. When annual supervision fees must be paid – initial annual fee

The initial annual supervision fee must be paid in full to the AFSA within 21 days of the date of the commencement of operations.

Guidance

For the purposes of this Rule, a firm is deemed to have commenced operations having received its authorisation and satisfied pre-conditions of its authorisation.

3.1.3. When annual supervision fees must be paid– subsequent annual fee

Subsequent annual supervision fees must be paid in full to the AFSA on or before 1 January of every calendar year

3.1.4. Initial annual supervision fee

(a) An initial annual supervision fee must be paid for the initial period of regulation after the grant of licensed status and the commencement of operations.
(b) The initial annual supervision fee is calculated as the annual supervision fee, pro-rated over the whole months remaining between the date of the commencement of operations and the end of the year.

3.1.5. Subsequent annual supervision fees

(a) A standard annual supervision fee must be paid for any period of regulation after the period described in FEES 3.1.4.

(b) The standard annual supervision fee is:

the highest of the fees specified in the fees table corresponding to the activities which the relevant entity is licensed to carry on.

(ii) [intentionally omitted].

4. FEES FOR EXTRACTS OF INFORMATION

4.1. Fee for extracts from information held by the Registrar of Companies

4.1.1. General requirement

Persons seeking extracts of information or other documentation held by the Registrar of Companies in relation to a Centre Participant or Approved Individual may be required, upon application, to pay a prescribed fee specified in Schedule 5-1 for each specific information request.

4.1.2. Charges to be specified

The Registrar of Companies may determine the amount of the fee specified in FEES 4.1.1 at a later date.

Guidance

Section 189(3)(b) of the Companies Regulations specifies that the Registrar of Companies may charge a fee for the inspection of documents or other material held by the Registrar under the Companies Regulations, the Rules or any other Legislation administered by the Registrar.

4.2. Fee for extracts from information held by the AFSA

4.2.1. General requirement

Persons seeking extracts of information maintained in the public registers by the AFSA in relation to a Centre Participant or Approved Individual may be required, upon application, to pay a prescribed fee for each specific information request.

4.2.2. Charges to be specified

The AFSA may determine the amount of the fee specified in FEES 4.2.1 at a later date.

5. GENERAL PROVISIONS

5.1.1. Application not regarded as submitted until fee paid

Where a fee is payable for any application to the AFSA or the Registrar of Companies, the application may not be regarded by the AFSA or the Registrar of Companies as submitted, and therefore ready to be reviewed, until the fee has been paid in full.

5.1.2. Increase of sum due if fee not paid

Where an annual fee or supplementary fee in relation to ongoing supervision is due from a Person under a provision of these rules, it must be paid by the date upon which it falls due.

Should a Person fail to pay by the due date then, without limiting the right of the AFSA to take any other action, the sum due will be increased by 1% for each month, or part of a month, that it remains outstanding beyond the due date.

5.1.3. Power of the AFSA and Registrar of Companies to reduce or waive fees

The AFSA or Registrar of Companies may reduce, waive or refund all or part of any fee if, having considered the circumstances of a particular case, it deems it would be equitable to do so.

6. SUPPLEMENTARY FEES

6.1. AFSA and the Registrar of Companies may require supplementary fees in certain cases

6.1.1. The AFSA and the Registrar of Companies may require a Person, AIFC Participant or applicant, to pay a supplementary fee to the AFSA or the Registrar of Companies in circumstances where substantial additional costs are expected to be incurred when dealing with an application or conducting ongoing supervision or dealing with a particular supervisory event.

6.1.2. In case of dealing with an application the AFSA or Registrar of Companies will notify the applicant as soon as reasonably practicable that a supplementary fee is likely to be required, in order that the applicant may make an informed decision as to whether to make representations, withdraw or modify its application.

6.1.3. If a supplementary fee is required, the AFSA or Registrar of Companies will notify the Person, AIF participant or applicant as soon as reasonably practicable of the amount of the supplementary fee. The Person, AIFC participant or applicant must pay the supplementary fee within the period specified in the notification.

6.1.4. The AFSA may issue guidance on supplementary fees required from AIFC Participants when conducting ongoing supervision or dealing with a particular supervisory event.

7. LATE FILING FEES AND FINES PAYABLE TO THE AFSA AND REGISTRAR OF COMPANIES

7.1. Late fees for failure to provide notification, report or return

7.1.1. General

FEES 7.1 applies if a Person breaches any Rule by failing to provide a notification, report or return (however described) to the AFSA as, or within the time within which, that rule requires it to be provided.

7.1.2. Nature of failure to provide a notification, report, or return

Without limiting FEES 7.1.3 and, to remove any doubt, FEES 7.1 applies to a failure to provide a notification, report, or return (however described) to the AFSA as, or within the time within which, it was required to be provided, if:

(a) the notification, report or return was not received (or considered to have been received) by the AFSA within that time; or
(b) the notification, report or return was received by the AFSA within that time, but:
(i) it was incomplete or inaccurate in a material respect;
(ii) if under any regulations or rules it was required to be in a particular form, it was not in substantially that form;
(iii) if under any regulations or rules it was required to be prepared, completed or signed in a particular way, it was not prepared, completed or signed in that way; or
(iv) if under any regulations or rules it was required to be provided (however described) to the authority in a particular way, it was not provided in that way.

7.1.3. Late fees payable to the AFSA

A Person falling within FEES 7.1 shall pay to the AFSA the late fee specified in Schedule 10.

7.2. Fines for breaches of the Companies Regulations

7.2.1. General

FEES 7.2 applies if the Registrar of Companies is satisfied that a Person has contravened the Companies Regulations, and contravention of the relevant provision is expressed to be punishable by a fine.

7.2.2. Fines payable to the Registrar of Companies

Subject to any amounts prescribed and/or limits on fees specified in the Companies Regulations, the Registrar of Companies may determine at its discretion the amount payable for a fine falling within FEES 7.2.

7.3. Fines for breaches of the AIFC Rules administered by the AFSA

7.3.1. General

If the AFSA is satisfied that a Person has contravened a provision in the AIFC Rules administered by the AFSA, that Person shall be liable to pay a fine.

7.3.2. Fines payable to the AFSA

Subject to any amounts prescribed and/or limits on fees specified in the AIFC Rules administered by the AFSA, the AFSA may determine at its discretion the amount payable for a fine falling within FEES 7.3.1.

7.4. Late fees for failure to comply with direction issued by the AFSA

7.4.1. General

FEES 7.4 applies if an Authorised Person or Ancillary Service Provider fails to comply with a written requirement by the AFSA that specifies:

(a) an action that the firm is to take; and
(b) a date by which the action is to be taken.

7.4.2. Nature of failure to comply

For the purposes of FEES 7.4.1, an Authorised Person or Ancillary Service Provider fails to comply with such a requirement if the firm:

(a) does not take the specified action by the specified date; or
(b) purports to take the action but does so in a way that the authority regards as inadequate.

7.4.3. Late fees payable to the AFSA

Subject to any amounts prescribed and/or limits on fees specified in the AIFC Rules administered by the AFSA, a Person falling within FEES 7.4 shall pay to the AFSA the late fee specified in Schedule 10.

7.5. Other action not prevented

Nothing in this Chapter prevents the AFSA taking any action or exercising any of its powers under AIFC Financial Services Framework Regulations, including Part 8 and 9, or any other applicable AIFC acts in relation to a contravention to which this Chapter applies.

7.6. Late filing fees for failure to provide annual return, annual confirmation statement or accounts in relation to each financial year

7.6.1. General

FEES 7.6 applies if a Person breaches any Rule by failing to provide annual return, annual confirmation statement or accounts to Registrar of Companies within the required time.

7.6.2. Nature of failure to provide annual return, annual confirmation statement or accounts

Without limiting FEES 7.6.3. and, to remove any doubt, FEES 7.6 applies to a failure to provide annual return, annual confirmation statement or accounts to the Registrar of Companies within the required time including if:

(a) annual return, annual confirmation statement or accounts was not received (or considered to have not been received) by the Registrar of Companies within the required time; or

(b) annual return, annual confirmation statement or accounts was received by the Registrar of the Companies within the required time, but:

(i) it was incomplete or inaccurate in a material respect;
(ii) if under any regulations or rules it was required to be in a particular form, it was not in substantially that form;
(iii) if under any regulations or rules it was required to be prepared, completed or signed in a particular way, it was not prepared, completed or signed in that way;
or
(iv) if under any regulations or rules it was required to be provided (however described) to the authority in a particular way, it was not provided in that way.

7.6.3 Late filing fees payable to the Registrar of Companies

A Person falling within FEES 7.6 shall pay to the Registrar of Companies the late filing fees specified in Schedule 11.

8. FINTECH LAB FEES

8.1. Application and other fees payable to the AFSA by the FinTech Lab firms

8.1.1. Pre-application fee to the FinTech Lab

A Person seeking to Test and/or Develop the FinTech Activities within the FinTech Lab must pay to the AFSA the pre-application fee specified in Schedule 8 prior to commencing any eligibility assessment in accordance with FINTECH 2.4.2.

8.1.2. Application fees to the FinTech Lab

In accordance with FINTECH 2.4.3, once the AFSA is satisfied that the Person meets the eligibility criteria, a Person seeking to Test and/or Develop the FinTech Activities within the FinTech Lab must pay to the AFSA the application fees specified in Schedule 8.

8.1.2-1. Application fees for modification of a Licence

In accordance with FINTECH 2.5.2, a FinTech Lab Participant, which intends to change the scope of its Licence, must pay to the AFSA the application fees specified in Schedule 8.

8.1.3. Migration fees to full authorisation

In accordance with FINTECH 2.8.3, a FinTech Lab Participant, which intends to migrate to the full authorisation and supervisory regime under the AIFC regulatory framework and deploy its FinTech Activities on a broader scale, must pay to the AFSA the migration fees specified in Schedule 8.

8.2. Supervision fees payable to the AFSA by the FinTech Lab Participants

A FinTech Lab Participant must pay to the AFSA the supervision fee specified in Schedule 8.
A FinTech Lab Participant, whose Licence has been extended beyond 2 years from the date of its issuance, must pay to the AFSA the supervision fee specified in accordance with FEES 3.

8.2-1. Supplementary fees

A FinTech Lab Participant or an applicant seeking to Test and/or Develop the FinTech Activities within the FinTech Lab must pay to the AFSA any supplementary fee required by the AFSA in accordance with FEES 6.

8.3. Possibility of fee deferral

The Chief FinTech Officer may defer the time for payment of a fee on a case-by-case basis if an applicant or FinTech Lab Participant cannot make the required payment within the prescribed period on reasonable grounds.

9. OTHER FEES

9.1. Application to register a Non-Exempt Fund or provide notification for an Exempt Fund

9.1.1. A Domestic Fund Manager or the Person proposing to be the Domestic Fund Manager of a Domestic Fund which is a Non-Exempt Fund, who is applying to register the Non-Exempt Fund in accordance with CIS 4.2, must pay to the AFSA:

(a) the application fee specified in Schedule 9; and

(b) any supplementary fee required by the AFSA in accordance with FEES 6.

9.1.2. A Domestic Fund Manager or the Person proposing to be the Domestic Fund Manager of a Domestic Fund which is an Exempt Fund in accordance with CIS 4.7 must pay to the AFSA:

(a) the notification fee specified in Schedule 9; and

(b) any supplementary fee required by the AFSA in accordance with FEES 6.

9.2. Management of a Domestic Fund by a Foreign Fund Manager

A Foreign Fund Manager providing a declaration to the AFSA of its intention to manage a Domestic Fund which is an Exempt Fund in accordance with CIS 4.2 must pay to the AFSA:

(a) the application fee specified in Schedule 9; and

(b) any supplementary fee require by the AFSA in accordance with FEES 6.

9.3. Application to make amendments to the Constitution or Offering Materials of a Non-Exempt Fund

A Domestic Fund Manager seeking to make amendments to the Constitution or Offering Materials of a Non-Exempt Fund must pay to the AFSA the application fee specified in Schedule 9.

SCHEDULE 1: APPLICATION FEES PAYABLE TO THE AFSA FOR REGULATED ACTIVITIES

1.1 Application fees for applying for Licence to carry on Regulated Activities

Application fees are determined by the activities the Authorised Firm conducts or intends to conduct, as set out below:

Application fee by activities	Fee (USD)
Operating a Representative Office	3000
Managing a Collective Investment Scheme	5000
Arranging Custody	5000
Providing Fund Administration	5000
Advising on Investments	5000
Arranging Deals in Investments	5000
Insurance Intermediation	5000
Managing Investments	5000
Providing Custody	5000
Providing Trust Services	5000
Acting as the Trustee of a Fund	5000
Dealing in Investments as Agent	10 000
Dealing in Investments as Principal	10 000
Managing a Restricted Profit Sharing Investment Account	10 000
Islamic Banking Business	15 000
Providing Islamic Financing	10 000
Accepting Deposits	15 000
Providing Credit	10 000
Advising on a Credit Facility	5000
Arranging a Credit Facility	5000
Providing Money Services	5000
Conducting Insurance Business	10 000
Conducting Takaful Business	10 000
Conducting Captive Insurance Business through a Protected Cell Company	5000 plus 1000 for each cell
Conducting Captive Insurance Business other than through a Protected Cell Company	5000
Conducting Captive Takaful Business through a Protected Cell Company	5000 plus 1000 for each cell
Conducting Captive Takaful Business other than through a Protected Cell Company	5000
Providing Insurance Management	5000
Opening and Operating Bank Accounts	5000
Operation of a Payment System	5000
Operating a Multilateral Trading Facility	5000
Operating an Organised Trading Facility	5000
Operating a Digital Asset Trading Facility	70 000

1.1-1 Application fee in relation to Digital Assets

An applicant seeking to conduct Regulated Activities in relation to Digital Assets must pay to the AFSA an additional application fee in the amount of 2 000 USD.

1.2 Application fees for modification and withdrawal of a Licence or Approved Individual's registration

Notes

Fees for initial application—firm to conduct one or more Regulated Activities, or Regulated and Market Activities

An applicant seeking authorisation to conduct one or more Regulated Activities, or Regulated and Market Activities specified in the fees table must pay:

(a) the fee specified for the Regulated Activity in the table above (or, if the applicant intends to carry on more than one Regulated Activity, or Regulated and Market Activities, the highest fee specified in the table for any of those activities); and
(b) the fee of 200 USD, for each individual for whom Approved Individual status is sought, specified below; and
(c) if the applicant intends to carry on Regulated Activities in relation to Digital Assets, the fee specified in 1.1-1 above.

Application fee for Approval of Individuals

An Authorised Firm submitting applications on behalf of additional individuals seeking Approved Individual status must pay an application fee in the amount of 300 USD in respect of each additional Approved Individual application.

Application fee for change of control

An Authorised Firm applying for change of control must pay to the AFSA an application fee in the amount of 1 000 USD.

Fees for application to modify and withdraw

An Authorised Firm or Approved Individual applying to the AFSA to change the scope of its Licence or Approved Individual status, to have a condition or restriction varied or withdrawn, or to have its Licence or Approved Individual status withdrawn, must pay the prescribed fee set out in the table above.

Application to Modify

Fee (USD)

Modification of an Authorised Firm's Licence

(a) An Authorised Firm applying to the AFSA to change the scope of its Licence must pay to the AFSA an application fee equal to 50% of the application fee for a new Regulated or Market Activity payable under table 1.1 of Schedule 1 or table 1.1 of Schedule 2 of FEES.

(b) An Authorised Firm applying to the AFSA to change the scope of its Licence, which intends to carry on more than one new Regulated and/or Market Activity, must pay to the AFSA an application fee equal to 50% of the highest of the application fees for new activities payable under table 1.1 of Schedule 1 or table 1.1 of Schedule 2 of FEES.

(c) An Authorised Firm applying to the AFSA to change the scope of its Licence and seeking to carry on the Regulated Activities in respect of Digital Assets must pay to the AFSA an additional application fee specified in 1.1-1 of Schedule 1 of FEES above in full.

Modification of an Approved Individual's registration

300

* Application fees for modification of a Licence or Approved Individual's registration prescribed herein are applied from 1 May 2022. Before 1 May 2022, these fees are not applied.

Application to Withdraw

Fee (USD)

Withdrawal of an Authorised Firm's Licence

At present, the AFSA does not intend to charge an application fee for these activities. Any such application fee shall be determined by the AFSA at a later date.

Withdrawal of an Approved Individual's registration

SCHEDULE 2: APPLICATION FEES PAYABLE TO THE AFSA FOR MARKET ACTIVITIES

1.1 Application fees for applying for Licence to carry on Market Activities

Application fees are determined by the Market Activities the Authorised Person conducts or intends to conduct, as set out below:

Application fee by activities	Fee (USD)
Operator of a Clearing House	125 000; and an additional application fee in the amount of 5 000 USD if intends to clear Security Tokens and have Direct Access Members
Operator of an Investment Exchange	125 000; and an additional application fee in the amount of 5 000 USD if intends to trade Security Tokens and have Direct Access Members
Operator of a Crowdfunding Platform	5 000
Operating a Private Financing Platform	5 000

1.2 Application fees for modification and withdrawal of a Licence or Approved Individual's registration

Notes

Fees for initial application—firm to conduct one or more Market Activities, or Market and Regulated Activities

An applicant seeking authorisation to conduct one or more Market Activities, or Market and Regulated Activities specified in the fees table must pay:

(a) the fee specified for the Market Activity in the table above (or, if the applicant intends to carry on more than one Market Activity, or Market and Regulated Activities, the highest fee specified in the table for any of those activites); and
(b) the fee for each individual for whom Approved Individual status is sought specified below.

Application fee for Approval of Individuals

An Authorised Market Institution submitting applications on behalf of additional individuals seeking

Approved Individual status must pay an application fee in the amount of 300 USD in respect of each additional Approved Individual application.

Application fee for change of control

An Authorised Market Institution applying for change of control must pay to the AFSA an application fee in the amount of 1 000 USD.

Fees for application to modify and withdraw

An Authorised Market Institution or Approved Individual applying to the AFSA to change the scope of its Licence or Approved Individual status, to have a condition or restriction varied or withdrawn, or to have its Licence or Approved Individual status withdrawn, must pay the prescribed fee set out in the table above.

Application to Modify

Fee (USD)*

Modification of an Authorised Firm's Licence

(a) An Authorised Market Institution applying to the AFSA to change the scope of its Licence must pay to the AFSA an application fee equal 50% of the application fee for a new Market or Regulated Activity payable under table 1.1 of Schedule 2 or table 1.1 of Schedule 1 of FEES.

(b) An Authorised Market Institution applying to the AFSA to change the scope of its Licence, which intends to carry on more than one new Market and/or Regulated Activity, must pay to the AFSA an application fee equal to 50% of the highest of the application fees for new activities payable under table 1.1 of Schedule 2 or table 1.1 of Schedule 1 of FEES.

Modification of an Approved Individual's registration

300

* Application fees for modification of a Licence or Approved Individual's registration prescribed herein are applied from 1 May 2022. Before 1 May 2022, these fees are not applied.

Application to Withdraw

Fee (USD)

Withdrawal of an Authorised Market Institution’s Licence

At present, the AFSA does not intend to charge an application fee for these activities. Any such application fee shall be determined by the AFSA at a later date.

Withdrawal of an Approved Individual's registration

SCHEDULE 3: APPLICATION FEES PAYABLE TO THE AFSA FOR ANCILLARY SERVICES

1.1 Application fees for Ancillary Services

Fees for applications to carry on Ancillary Services An applicant seeking to carry on one or more Ancillary Services must pay to the AFSA the application fee for each type of Ancillary Serevices set out in the table 1.1 above.

Activity	Fee (USD)
Providing Legal Services	2 000
Providing Audit Services	2 000
Providing Accountancy Services	2 000
Providing Consulting Services	2 000
Providing Credit Rating Services	2 000

1.2 Fees for variation or withdrawal of a Licence

Applications to modify or withdraw

An Ancillary Service Provider applying to the AFSA to change the scope of its Licence, to have a condition or restriction varied or withdrawn, or to have its Licence withdrawn must pay the prescribed fee set out in the table at 1.2 above.

Application to Modify or Withdraw a Licence	Fee (USD)*
Variation of an Ancillary Service Provider's Licence	The application fee under table 1.1 of Schedule 3 of FEES for an additional type of Ancillary Service currently being sought. This applies only to a variation (change) of the scope of Licence where new Ancillary Services sought to be included.
Withdrawal of an Ancillary Service Provider's Licence	At present, the AFSA does not intend to charge an application fee for these activities. Any such application fee shall be determined by the AFSA at a later date.

Application fee for variation of a Licence prescribed herein is applied from 1 May 2022. Before 1 May 2022, this fee is not applied.

SCHEDULE 4: APPLICATION FEES PAYABLE TO AFSA FOR RECOGNISED NON-AIFC MARKET INSTITUTION, RECOGNISED NON-AIFC MEMBERS AND FOREIGN FUND MANAGERS

1.1 Application fees for recognition as a Recognised Non-AIFC Market Institution, Recognised Non-AIFC Member and Foreign Fund Manager

Fees for applications for Recognised Non-AIFC Market Institution and Recognised Non-AIFC Member status and recognition as a Foreign Fund Manager.

An applicant seeking recognition as a Recognised Non-AIFC Market Institution, Recognised Non-AIFC Member or Foreign Fund Manager must pay to the AFSA the application fee set out in the table at 1.1 below.

Application fee	Fee (USD)
Recognised Non-AIFC Market Institution	5 000
Recognised Non-AIFC Member	2 000
Foreign Fund Manager	2 000

1.2 Application fees for modification or withdrawal

Fees for application to modify or withdraw

A Recognised Non-AIFC Market Institution, Recognised Non-AIFC Member or Foreign Fund Manager applying to the AFSA to change the scope of its status, or to have its status withdrawn, must pay the prescribed fee set out in the table at 1.2 above.

Application to Modify or Withdraw	Fee (USD)
Modification or withdrawal of a Recognised Non-AIFC Market Institution status	At present, the AFSA does not intend to charge an application fee for these activities. Any such application fee shall be determined by the AFSA at a later date.
Modification or withdrawal of Recognised Non-AIFC Member status
Modification or withdrawal of Foreign Fund Manager status

SCHEDULE 5: FEES PAYABLE TO THE REGISTRAR OF COMPANIES

5.1. An applicant seeking registration or recognition must pay the following fees to the Registrar of Companies:

	Effecting the registration or recognition
	Online*	Paper
Company Limited by Shares	300	500
Recognised Company	300	500
Partnerships	300	500
Recognised Partnership	300	500
Non-Profit Incorporated Organisations	1 000	1 700
Special Purpose Companies	300	500
Restricted Scope Companies	300	500
Protected Cell Companies	300	500
Representative offices	300	500
Foundations	1 000	1 700

5.2. Company or Partnership seeking to transfer its incorporation to or from the AIFC must pay to the Registrar of Companies an application fee in the amount of 3 000 USD.

NOTE:

Applicants registered or recognised after July 5, 2018, but before July 5, 2019 are subject to one single payment of 100 USD within the 12 months period from the date of registration or recognition.

Application fees for registration of Non-Profit Incorporation Organisations and Foundations are applied from 1 January 2023. Before 1 January 2023, application fee for registration of Non-Profit Incorporation Organisations is 300 USD (online) and 500 USD (paper), application fee for registration of Foundations is 400 USD without distinguishing the method of application submission.

* Online means submission through the AIFC approved digital systems (excluding email).

SCHEDULE 5-1: ADMINISTRATIVE SERVICES FEES PAYABLE TO THE REGISTRAR OF COMPANIES *

An AIFC Participant must pay the following administrative services fees to the Registrar of Companies:

Administrative Services	Fee (USD)
Administrative Services	online**	paper
Processing inquiries***	20	40
Post-registration procedures****	50	100

*Fees for paper-based administrative services listed herein are applied from 1 January 2023. Before 1 January 2023, the processing inquiries fee is 20 USD, post-registration fee is 50 USD regardless of the submission method.

** Online means submission through the AIFC approved digital systems (excluding email).

***Fees for administrative services for Foundations and Non-Profit Incorporated Organisations is 100 USD for online based and 200 USD for paper-based processing inquiries.

****Fees for administrative services for Foundations and Non-Profit Incorporated Organisations is 150 USD for online based and 300 USD for paper based post-registration procedures.

SCHEDULE 5-2: Fees payable to the Registrar of Companies in respect of filing an annual return, annual confirmation of accuracy of information in the register or accounts in relation to each financial year

An AIFC Participant filing an annual return, annual confirmation of accuracy of information in the register or accounts in relation to each financial year must pay the following fees to the Registrar of Companies:

Annual report filings	Fee (USD)*
Annual report filings	online**	paper
Accounts in relation to each financial year	10	20
Annual return	10	20
Annual confirmation of accuracy of information in the register	10	20

*Fees in respect of filing an annual return, annual confirmation of accuracy of information in the register or accounts in relation to each financial year are applied from 1 January 2023. Before 1 January 2023, filing an annual return, annual confirmation of accuracy of information in the register or accounts in relation to each financial year is free of charge regardless of the submission method.

** Online means of submission through the AIFC approved digital systems (excluding email).

SCHEDULE 6: ANNUAL SUPERVISION FEES PAYABLE TO THE AFSA

6.1 Annual supervision fees for Regulated Activities

Annual supervision fees for Regulated Activities are determined by the activities the Authorised Firm conducts as set out below:

Regulated Activities

Fee (USD)*

Operating a Representative Office

1 000

Managing a Collective Investment Scheme

3 000

Arranging Custody

3 000

Providing Fund Administration

2 000

Advising on Investments

1 000

Arranging Deals in Investments

1 000

Insurance Intermediation

1 000

Managing Investments

3 000

Providing Custody

3 000

Providing Trust Services

2 000

Acting as the Trustee of a Fund

2 000

Dealing in Investments as Agent

7 000

Dealing in Investments as Principal

8 000 except as a matched principal;

5 000 as a matched principal

Managing a Restricted Profit Sharing Investment Account

7 000

Islamic Banking Business

n/a

Providing Islamic Financing

n/a

Accepting Deposits

10 000

Providing Credit

7 000

Advising on a Credit Facility

1 000

Arranging a Credit Facility

1 000

Providing Money Services

3 000

Conducting Insurance Business

7 000

Conducting Takaful Business

n/a

Conducting Captive Insurance Business through a Protected Cell Company

3 500 plus 700 for each cell

Conducting Captive Insurance Business other than through a Protected Cell Company

3 000

Conducting Captive Takaful Business through a Protected Cell Company

n/a

Conducting Captive Takaful Business other than through a Protected Cell Company

n/a

Providing Insurance Management

1 000

Opening and Operating Bank Accounts

3 000

Operation of a Payment System

3 000

Operating a Multilateral Trading Facility

Operating an Orginised Trading Facility

· fixed fee - 3 000 USD ; and

· variable fee - trading levy of 0.0006% of the average daily trading value **.

Note: The AFSA will not invoice the variable fee unless it exceeds 500 USD.

Operating a Digital Asset Trading Facility

· fixed fee - 25 000 USD; and

· variable fee calculated on a quarterly basis:

• where the average daily trading value is less than 500 000 USD, is not applicable;

• where the average daily trading value is more than 500 000 USD:

- trading levy of 0.0006% of the average daily trading value; or

- 5 000 USD,

whichever is greater.

Note: The AFSA will not invoice the variable fee for the amount exceeding 1 million USD in one year.

*Supervision fees prescribed herein are applied from 1 May 2022. Before 1 May 2022, these fees are not applied.

Notes

**1. For Operating a Multilateral Trading Facility, and Organised Trading Facility or Operating a Digital Asset Trading Facility, fixed component of the annual supervision fees must be paid in full to the AFSA on a yearly basis on or before 1 January of every calendar year and variable component of the annual supervision fees must be paid in full to the AFSA on a quarterly basis following each quarter.

2. For Operating a Multilateral Trading Facility, Organised Trading Facility or Operating a Digital Asset Trading Facility, variable fee is calculated on a quarterly basis by multiplying the average daily trading value by the active trading days in the relevant quarter.

3. The following is an example of how the variable fee is calculated for Operator of a Digital Asset Trading Facility:

(a) Average daily trading value of a Digital Asset Trading Facility is 450 000 USD in quarter 1, the variable fee will not be applied in quarter 1;

(b) Average daily trading value of the firm is 1 million USD in quarter 2, the variable fee will be calculated as follows: 1 million * 90 (average trading days in quarter) * 0.0006% = 540 USD. As 5 000 USD is more than 540 USD, the variable fee will be 5 000 USD for quarter 2;

(c) Average daily trading value of the firm is 5 million USD in quarter 3, the variable fee will be 2 700 USD. As 5 000 USD is more than 2 700 USD, the variable fee will be 5 000 USD for quarter 3;

(d) Average daily trading value of the firm is 10 million USD in quarter 4, the variable fee will be 5 400 USD for quarter 4.

Thus, the firm must pay 15 400 USD as the variable fee for that year.

4. Variable fee is paid quarterly (paid within 21 days after the issuance of an invoice by the AFSA, but no later than within 1 month following each corresponding quarter).

6.1-1 Annual supervision fee in relation to Digital Assets

An Authorised Firm conducting Regulated Activities in relation to Digital Assets, except for the Regulated Activity of Operating a Digital Asset Trading Facility, must pay to the AFSA an additional annual supervision fee in the amount of 2 000 USD.

**For Operating a Multilateral and Organised Trading Facilities, fixed component of the annual supervision fees must be paid in full to the AFSA on a yearly basis on or before 1 January of every calendar year and variable component of the annual supervision fees must be paid in full to the AFSA on a quarterly basis following each quarter.

6.2 Annual supervision fees for Market Activities

Annual supervision fees for Market Activities are determined by the activities the Authorised Market Institution conducts as set out below:

Market Activities

Fee (USD)***

Operator of an Investment Exchange

Calculated according to formula 1 below; and

an additional annual supervision fee in the amount of 5 000 USD if trades Security Tokens and has Direct Access Members

Operator of a Clearing House

Calculated according to formula 2 below; and

an additional annual supervision fee in the amount of 5 000 USD if clears Security Tokens and has Direct Access Members

Operator of a Crowdfunding Platform

3 000

Operating a Private Financing Platform

3 000

Formula 1

SF= FF+TVF+LF,

where

SF – Supervision fee
FF – Fixed fee, which is 15 000 USD (paid annually)
TVF – Trading value fee, calculated as 0.003% of trading value in one year (paid quarterly within 21 days after the issuance of invoice by the AFSA, but no later than within 1 month following each corresponding quarter)

LF – Listing fee, calculated as 2% of all listing fees collected by an Operator of an Investment Exchange in one year (paid quarterly within 21 days after the issuance of invoice by the AFSA, but no later than within 1 month following each corresponding quarter)

Formula 2

SF=FF+SVF+DVF+CVF,

where

SF – Supervision fee

FF – Fixed fee, which is 15 000 USD (paid annually)

SVF – Settlement value fee (excluding On-Exchange Trades on Secondary Market), calculated as 0.001% of settlement value (paid quarterly within 21 days after the issuance of invoice by the AFSA, but no later than within 1 month following each corresponding quarter)

DVF – Depository value fee, calculated as 0.00005% of depository value (paid quarterly within 21 days after the issuance of invoice by the AFSA, but no later than within 1 month following each corresponding quarter)

CVF – Clearing value fee, calculated as 0.001% of clearing value, applicable only to an Operator of a Clearing House acting as a Central Counterparty (paid quarterly within 21 days after the issuance of invoice by the AFSA, but no later than within 1 month following each corresponding quarter)

Notes

Where an Operator of a Clearing House carries on a clearing or settlement function for the trading facility operated by the same entity or a member of its Group, relevant clearing or settlement fee is not applied.

***Supervision fees prescribed herein are applied from 1 January 2023.

6.3 Annual supervision fees for Ancillary Services

Annual supervision fees for Ancillary Services are determined by the activities the Ancillary Service Provider conducts as set out below:

Ancillary Services	Fee (USD)****
Providing Legal Services	1 500
Providing Audit Services	2 000
Providing Accountancy Services	1 500
Providing Consulting Services	1 000 excluding Company service provider activity 2 000 including Company service provider activity
Providing Credit Rating Services	1 000

****Supervision fees prescribed herein are applied from 1 May 2022. Before 1 May 2022, these fees are not applied.

6.4 Annual recognition fees for Recognised Non-AIFC Market Institutions and Recognised Non-AIFC Members

Recognition fee	Fee (USD)
Recognised Non-AIFC Market Institution		Fixed annual recognition fee (USD)	Variable annual recognition fee (USD)
	Recognised Non-AIFC Market Institution operating as an Investment Exchange	15 000	0.003% of trading value in one year generated for Authorised Market Institutions
	Recognised Non-AIFC Market Institution operating as a Clearing House	15 000	0.001% of settlement value + 0.00005% of depositary value + 0.001% of cleaning value* generated for Authorised Market Institutions, Multilateral or Orgonised Trading Facilities *Clearing value fee is applicable only to a Recognised Non-AIFC Market Instituition acting as a Central Counterparty
Recognised Non-AIFC Member	For Recognised Non-AIFC Members that are admitted to trading by an Authorised Investment Exchange, Multilateral or Organised Trading Facility or Digital Asset Trading Facility: calculated according to formula 1 below. For Recognised Non-AIFC Members that are not admitted to trading by an Authorised Investment Exchange, Multilateral or Organised Trading Facility or Digital Asset Trading Facility, or whose trading value is lower than 25 million USD per quarter on each trading platform: a fixed amount of 1 000 USD pro-rated over a calendar year.

Formula 1

RF= FF+TVF,

where

RF – Annual recognition fee

FF – Fixed fee, which is 1 000 USD pro-rated over a calendar year
TVF – Trading value fee, calculated as 0.001% of trading value, applicable only to Recognised Non-AIFC Members admitted to trading by Operator of an Investment Exchange, Multilateral or Organised Trading Facility or Digital Asset Trading Facility, whose trading value is over 25 million USD per quarter on each trading platform (paid within 21 days after the issuance of invoice by the AFSA, but no later than within 1 month following each corresponding quarter).

Notes

Where a Recognised Non-AIFC Market Institution operating as a Clearing House carries on a clearing or settlement function for the trading facility operated by the same entity or a member of its Group, relevant clearing or settlement fee is not applied.

SCHEDULE 7: APPLICATION FEES PAYABLE TO THE AFSA IN RESPECT OF WAIVERS, MODIFICATIONS AND OTHER RELIEFS

The Chief Executive Officer of the AFSA may determine the amount of fee specified in 1.2.5 (a) and 1.2.6. (a) from time to time.

SCHEDULE 8: FINTECH LAB FEES

8.1 Pre-application fee*

A Person seeking to Test and/or Develop the FinTech Activities within the FinTech Lab must pay to the AFSA the pre-application fee in the amount of 100 USD prior to commencing any eligibility assessment.

*Pre-application fee prescribed herein is applied from 1 January 2023. Before 1 January 2023, the pre-application fee is not applied.

8.2 Application fees

Application fees payable to the AFSA by a Person seeking to Test and/or Develop the FinTech Activities within the FinTech Lab are determined by the activities the applicant conducts or intends to conduct as set out below:

Activities within the FinTech Lab

Fee (USD)**

Regulated Activities

· 10% of the application fees under table 1.1 of Schedule 1 of FEES; and

· 10% of the additional application fee under Rule 1.1-1 of Schedule 1 of FEES, where applicable.

Market Activities

10% of the application fees under table 1.1 of Schedule 2 of FEES

**Application fees prescribed herein are applied from 1 January 2023. Before 1 January 2023, the application fees are not applied.

Notes

Fees for initial application—firm to conduct one or more activities within the FinTech Lab

An applicant seeking authorisation to conduct one or more activities specified in the fees table must pay:

(a) the fee specified for the activity in the table above (or, if the applicant intends to carry on more than one activity, the highest fee specified in the table for any of those activities); and

(b) the amount of 50 USD for each individual for whom Approved Individual status is sought.

Application fee for Approval of Individuals

An applicant submitting applications on behalf of additional individuals seeking Approved Individual status must pay an application fee in the amount of 50 USD in respect of each additional Approved Individual application.

Fees for application to modify or withdraw

Approved Individual applying to the AFSA to change the scope of his/her Approved Individual status, to have a condition or restriction varied or withdrawn must pay the fee in the amount of 50 USD.

8.3 Migration fees to full authorisation

1. Migration fees payable to the AFSA by FinTech Lab Participants are determined by the activities the FinTech Lab Participant conducts as set out below:

Applications	Fee (USD)***
Regulated Activities	A migration fee equal to the difference between: (a) the application fee which would be payable under table 1.1 of Schedule 1 of FEES if it were an applicant for a full Licence; and (b) the application fee which was paid under Schedule 8 of FEES.
Market Activities	A migration fee equal to the difference between: (a) the application fee which would be payable under table 1.1 of Schedule 2 of FEES if it were an applicant for a full Licence; and (b) the application fee which was paid under Schedule 8 of FEES.
Regulated and Market Activities	A migration fee equal to the difference between: (a) the application fee which would be payable under Schedules 1 and 2; and (b) the application fee which was paid under Schedule 8 of FEES.
Approved Individual's registration	A migration fee equal to the difference between: (a) the application fee which would be payable under Schedule 1 or 2 of FEES if it were an applicant for a full Licence; and (b)the application fee under Schedule 8 of FEES.

***Migration fees prescribed herein are applied from 1 January 2023. Before 1 January 2023, the migration fees are not applied.

2.The initial supervision fee payable to the AFSA by a FinTech Lab Participant, which migrated to the full supervisory regime, is the difference between:

a. the initial annual supervision fee which would be payable under FEES 3; and

b. the annual supervision fee which was paid under Schedule 8 of FEES.

8.4 Supervision fees payable to the AFSA by FinTech Lab Participants

Supervision fees payable to the AFSA by FinTech Lab Participants are determined by the activities the FinTech Lab Participant conducts as set out below:


Activities within the FinTech Lab	Fee type	Fee (USD)****
Regulated Activities		· 20% of the supervision fees under table 6.1 of Schedule 6 of FEES; and · 20% of the additional supervision fee under Rule 6.1-1 of Schedule 6 of FEES, where applicable.
Market Activities		·10% of the supervision fees under table 6.2 of Schedule 6 of FEES (fixed); and ·trading levy of 0.001% of the average daily trading value (variable)***** Note: AFSA will not invoice the trading levy (variable) fee unless it exceeds 200 USD

****Supervision fees prescribed herein are applied from 1 January 2023. Before 1 January 2023, the supervision fees are not applied.

*****Fixed component of the annual supervision fees must be paid in full to the AFSA on a yearly basis on or before 1 January of every calendar year and variable component of the annual supervision fees is paid quarterly (paid within 21 days after the issuance of an invoice by the AFSA, but no later than within 1 month following each corresponding quarter.

Notes

A FinTech Lab Participant licensed to conduct more than one Regulated and/or Market Activity must pay to the AFSA the highest of the supervision fees specified in table 8.4.

8.5. Application fees for modification of a Licence

(a) A FinTech Lab Participant applying to the AFSA to change the scope of its Licence must pay to the AFSA an application fee equal to 50% of the application fee for a new Regulated or Market Activity payable under table 8.2 of Schedule 8 of FEES.

(b) A FinTech Lab Participant applying to the AFSA to change the scope of its Licence, which intends to carry on more than one new Regulated and/or Market Activity, must pay to the AFSA an application fee equal to 50% of the highest of the application fees for new activities payable under table 8.2 of Schedule 8 of FEES.

SCHEDULE 9: OTHER FEES

9.1. Application to register a Non-Exempt Fund and Exempt Fund or provide notification for an Exempt Fund

A Domestic Fund Manager that intends to manage a Domestic Fund which is a Non-Exempt or Exempt Fund and a Foreign Fund Manager that intends to manage a Domestic Fund which is an Exempt Fund must pay to the AFSA the following fees:

Application types	Fee (USD)*
Domestic Fund Manager that intends to manage a Non-Exempt Fund	2 000
Domestic Fund Manager that intends to manage an Exempt Fund	1 000
Foreign Fund Manager that intends to manage an Exempt Fund	1 000

*Application fees prescribed herein are applied from 1 May 2022. Before 1 May 2022, these fees are not applied.

9.2 Application to make amendments to the Constitution or Offering Materials of a Non-Exempt Fund

A Domestic Fund Manager that intends to make amendments to the Constitution or Offering Materials of a Non-Exempt Fund must pay to the AFSA an application fee in the amount of 500 USD.

SCHEDULE 10: LATE FEES PAYABLE TO THE AFSA*

10.1 Late fees for failure to provide notification, report or return

A Person falling within FEES 7.1 must pay to the AFSA a late fee in the amount of 300 USD, if the Person fails to provide notification, report or return within 3 business days after it has committed a contravention. Non-payment of the late fee within 30 calendar days incurs a further late payment fee equal to 10% of the late fee for each calendar day.

10.2 Late fees for failure to comply with direction issued by the AFSA

A Person falling within FEES 7.4 must pay to the AFSA a late fee in the amount of 300 USD, if the Person fails to comply with direction issued by the AFSA within 3 business days after such failure. Non-payment of the late fee within 30 calendar days incurs a further late payment fee equal to 10% of the late fee for each calendar day.

*Late fees prescribed herein are applied from 1 January 2023.

SCHEDULE 11: LATE FILING FEES PAYABLE TO THE REGISTRAR OF COMPANIES

11. A person falling within FEES 7.6 must pay to the Registrar of Companies a late fee in the amount of 50 USD, if the Person fails to provide annual return, annual confirmation statement or annual accounts within 5 business days after it has committed a contravention. Non-payment of the late fee within 30 calendar days incurs a further late payment fee equal to 5% of the late fee for each calendar day.

*Late filing fees for failure to provide annual return, annual confirmation statement or accounts in relation to each financial year payable to the Registrar of Companies are applied from 1 April 2023.