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Dubai Financial Services Authority (DFSA): Contents

Dubai Financial Services Authority (DFSA)
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General Module (GEN) [VER43/02-19]
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GEN 3.5.1

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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 in GEN Rule 3.4.1(3) (a) to (d) must, subject to (2), take reasonable care to ensure that any Financial PromotionG it makes in or from the DIFCG :
(a) is clear, fair and not misleading;
(b) includes the Person'sG name, address and regulatory status;
(c) if it is intended only for Professional ClientsG , is not sent or directed to any PersonG who appears on reasonable grounds not to be a Professional ClientG , and contains a clear statement that only a PersonG meeting the criteria for a Professional ClientG should act upon it; and
(d) which is provided to or directed at a Retail ClientG and contains any information or representation relating to past performance, or any forecast based on past performance or on any other assumptions:
(i) presents a balanced view of the financial products or financial services to which the Financial PromotionG relates;
(ii) identifies, in an easy to understand manner, the information from which the past performance or forecast is derived and how any key facts and assumptions used in that context are drawn; and
(iii) contains a prominent warning that past performance is not necessarily a reliable indicator of future performance.
(2) A PersonG described in GEN Rule 3.4.1(3)(a) who makes a Financial PromotionG :
(a) to an existing client in the DIFCG ; or
(b) to a prospective client in the DIFCG relating to the Passported FundG for which the DIFCG is the Host JurisdictionG ,
is not required to comply with (1) provided that in making the Financial PromotionG that PersonG complies with the requirements of the relevant Financial Services RegulatorG in the UAEG which relate to Financial PromotionsG .
Added in accordance with Notice of Amendments to Legislation April 2011 [VER27/02-11]
[Amended] DFSA RM184/2016 (Made 7th December 2016). [VER38/02-17]
[Amended] DFSA RM234/2019 (Made 20th February 2019). [VER43/02-19]