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Up to Aug 20 2014Aug 21 2014 onwards

74. Requirement to Provide a Report



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(1) The DFSA may require, in such manner and in such form as it may prescribe in the Rules, an Authorised Firm or Authorised Market Institution to provide the DFSA with a report on any matter about which the DFSA has required or could require the giving of information or production of documents under Article 73.
(2) The DFSA may require, at such frequency and in such manner and in such form as it may prescribe in the Rules, an Authorised Market Institution to provide the DFSA with a report or reports relating to the conduct of or the performance of the regulatory functions of an Authorised Market Institution, including but not limited to a report or reports addressing:
(a) ongoing compliance of the Authorised Market Institution with the terms of its Licence;
(b) complaints received and dealt with and disciplinary matters arising and dealt with;
(c) adequacy and performance of systems and controls; or
(d) financial matters concerning the operation of the Authorised Market Institution.
(3) The person appointed to make a report required by Article 74(1) or (2) must be a person nominated or approved by the DFSA.
(4) Where a requirement has been made of an Authorised Firm or Authorised Market Institution under this Article, it must take all reasonable steps to ensure that any person who is providing or has provided services to the Authorised Firm or Authorised Market Institution shall provide all such assistance as the appointed person may reasonably require.
(5) Subject to Article 74(6), information given or a document produced as a result of the exercise by the DFSA of powers under Article 74 is admissible in evidence in any proceedings, provided that any such information or document also complies with any requirements relating to the admissibility of evidence in such proceedings.
(6) The DFSA shall not disclose a statement made by a person in a report made pursuant to a requirement made of the person under Article 74(1) or (2) to any law enforcement agency for the purpose of criminal proceedings against the person unless:
(a) the person consents to the disclosure; or
(b) the DFSA is required by law or court order to disclose the statement.