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Dubai Financial Services Authority (DFSA): Contents

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GEN 3.4.1

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The definitive version of DFSA handbook text is the PDF version as that is the text of the instrument as made and published by the DFSA.

To view past versions of this module in PDF format, please visit the Archive.

(1) A PersonG shall not, subject to (2) and (3), make a Financial PromotionG in or from the DIFCG unless that PersonG is an Authorised PersonG .
(2) A Representative OfficeG may make a Financial PromotionG in or from the DIFCG only in relation to a financial service or financial product offered:
(a) in a jurisdiction other than the DIFCG ; and
(b) by a related party (as defined in GEN Rule 2.26.1(3)) of the Representative OfficeG .
(3) A PersonG other than an Authorised PersonG may make a Financial PromotionG in or from the DIFCG if, and only to the extent that, the PersonG :
(a) is licensed and supervised by a Financial Services RegulatorG in the UAEG ;
(b) is a Recognised BodyG or External Fund ManagerG ;
(c) is a Reporting EntityG and makes a Financial PromotionG in or from the DIFCG exclusively for the purpose of discharging its mandatory disclosure requirements; or
(d) makes an exempt Financial PromotionG as specified in (4).
(4) For the purposes of (3)(d), a communication is an "exempt Financial PromotionG " if it is:
(a) approved by an Authorised FirmG other than a Representative OfficeG ;
(b) approved by a Representative OfficeG and it is a communication relating to a financial service or financial product offered by a related party (as defined in GEN Rule 2.26.1(3)) of the Representative OfficeG ;
(c) directed at and capable of acceptance exclusively by a PersonG who appears on reasonable grounds to be a Professional ClientG of the type specified in COB Rule 2.3.4;
(d) made to a PersonG in the DIFCG (the "recipient") as a result of an unsolicited request by the recipient to receive the Financial PromotionG ;
(e) made or issued by or on behalf of a government or noncommercial government entity; or
(f) made in the DIFCG by a PersonG in the course of providing legal or accountancy services and may reasonably be regarded as incidental to and a necessary part of the provision of such services.
Added in accordance with Notice of Amendments to Legislation April 2011 [VER27/02-11]
[Amended] DFSA RM95/2012 (Made 14th June 2012). [VER29/06-12]
[Amended] DFSA RM155/2015 (Made 9th December 2015) [VER35/02-16]
[Amended] DFSA RM184/2016 (Made 7th December 2016). [VER38/02-17]