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MKT 6.3.1



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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 intending to have UnitsG admitted to trading on an Authorised Market InstitutionG must, subject to (2), (3) and (4), submit to the DFSAG :
(a) a completed application using the appropriate form set out in AFN and the relevant fee prescribed in FER;
(b) a ProspectusG relating to the Fund ("Fund Prospectus") which:
(i) complies with, in the case of a Domestic FundG , the requirements in the Collective Investment Law 2010 and CIR that apply to a Public FundG and, where that FundG is also an Islamic Fund, the additional requirements in IFR chapter 6;
(ii) is prepared, in the case of a Foreign FundG , in accordance with the requirements in Rule 6.3.3; and
(iii) contains, unless it is an Islamic Listed FundG , a prominent disclaimer in bold, on the front page of the ProspectusG , as follows:
"The DFSAG does not accept responsibility for the content of the information included in the ProspectusG , including the accuracy or completeness of such information. The liability for the content of the ProspectusG lies with the IssuerG of the ProspectusG and other PersonsG , such as ExpertsG , whose opinions are included in the ProspectusG with their consent. The DFSAG has also not assessed the suitability of the SecuritiesG to which the ProspectusG relates to any particular investor or type of investor. If you do not understand the contents of this ProspectusG or are unsure whether the SecuritiesG to which the ProspectusG relates are suitable for your individual investment objectives and circumstances, you should consult an authorised financial advisor."
(c) where subsequent drafts or versions of the Fund ProspectusG are submitted, a marked up version showing changes from the previous version submitted to the DFSAG ;
(d) if information is incorporated in the Fund ProspectusG by reference to another document, a copy of that other document;
(e) the identity of the PersonG who is or intends to be the Reporting EntityG ;
(f) contact details of two individuals who are sufficiently knowledgeable about the content of the document referred to in (b) to be able to answer queries of the DFSAG during business hours; and
(g) any other information that the DFSAG may require.
(2) The application in (1) must be submitted to the DFSAG :
(a) in the case of an applicant who has not made a previous Prospectus OfferG , at least [20] business days prior to the intended date on which the applicant expects the ProspectusG to be approved;
(b) in other cases, at least [10] business days before the intended date on which the applicant expects the ProspectusG to be approved; and
(c) in the case of a Supplementary ProspectusG , as soon as is reasonably possible.
(3) In the case of a Supplementary ProspectusG , the application for approval must:
(a) be made using the appropriate form set out in the AFN module;
(b) accompanied by the relevant fee prescribed in the FER module; and
(c) include:
(i) in the case of a Domestic FundG , a Supplementary ProspectusG which meets the requirements in the Collective Investment Law 2010 and the CIR Rules; and where that FundG is an Islamic FundG , the additional requirements in IFRG ; and
(ii) in the case of a Foreign FundG , a document which meets the equivalent requirements applicable in the jurisdiction in which the Fund is established or domiciled.
(4) In the case of a Passported FundG , the following disclaimer must be used instead of the disclaimer specified in (1)(b)(iii):

"This is an Approved ProspectusG for the purposes of admitting SecuritiesG , including units, to trading on an Authorised Market InstitutionG in the Dubai International Financial Centre.

Notwithstanding that the DFSAG has approved the prospectus, the DFSAG does not accept responsibility for the content of the information included in the ProspectusG , including the accuracy or completeness of such information. The liability for the content of the ProspectusG lies with the IssuerG of the ProspectusG and other PersonsG , such as ExpertsG , whose opinions are included in the ProspectusG with their consent.

No other regulatory authority in the UAEG has any responsibility for reviewing or verifying this prospectus or any other documents in connection with the promotion of this fund. Accordingly, no such authority in the UAEG has approved this prospectus or any other associated documents, nor taken any steps to verify the information set out herein, and therefore no regulatory authority in the UAEG has any responsibility for the same.

This Passported FundG is a Public FundG and, accordingly, the units thereof may be promoted, including by means of a public offer of the units for public subscription, to persons in [insert relevant Host Jurisdiction(s)].

The DFSAG has also not assessed the suitability of the SecuritiesG to which the ProspectusG relates to any particular investor or type of investor. If you do not understand the contents of this ProspectusG or are unsure whether the SecuritiesG to which the ProspectusG relates are suitable for your individual investment objectives and circumstances, you should consult an authorised financial advisor."
Derived from RM81/2011 (Made 30th November 2011). [VER1/11-11]
[Amended] DFSA RM120/2013 (Made 14th July 2013). [VER4/07-13]
[Amended] DFSA RM219/2018 (Made 22nd February 2018). [VER13/12-18]
[Amended] DFSA RM238/2019 (Made 20th February 2019). [VER14/02-19]