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  • 76. Restriction on Dealing with Property

    (1) In this Article:
    (a) "dealing" in relation to property includes the maintaining, holding, disposing and transferring of property; and
    (b) "relevant property", in relation to an Authorised Person, means:
    (i) any property held by the person on behalf of any of the clients of the person, or held by any other person on behalf of or to the order of the person; or
    (ii) any other property which the DFSA reasonably believes to be owned or controlled by the person.
    (2) Subject to Article 77, the DFSA may:
    (a) prohibit an Authorised Person from:
    (i) dealing with any relevant property in a specified manner or other than in a specified manner; or
    (ii) assisting, counselling or procuring another person to deal with any relevant property in a specified manner or other than in a specified manner;
    (b) require an Authorised Person to deal with any relevant property in a specified manner.
    (c) require an Authorised Person to deal with any relevant property such that:
    (i) the property remains of the value and of the description that appear to the DFSA to be desirable with a view to ensuring that the person will be able to meet its liabilities in relation to the business which constitutes a Financial Service for which it holds a Licence; and
    (ii) the person is able at any time readily to transfer or dispose or otherwise deal with of the property when instructed to do so by the DFSA.
    (d) withdraw an existing prohibition or requirement imposed on an Authorised Person; or
    (e) substitute or vary an existing prohibition or requirement imposed on an Authorised Person.
    (3) The DFSA may in any prohibition or requirement imposed under Article 76(2) direct that, for the purposes of such requirement, property of a specified description shall or shall not be taken into account.
    (4) The procedures in Schedule 3 apply to a decision of the DFSA under this Article.
    (5) If the DFSA decides to exercise its power under this Article, the Authorised Person may refer the matter to the FMT for review.