Home   Browse contents   View updates   Search  
     Quick search
Go
   

BackText onlyPrint

You need the Flash plugin.

Download Macromedia Flash Player



  • Archive

    • Application Forms and Notices Module (AFN)

      • Application Forms and Notices Module (AFN) [VER46/02-19]

        Please click here to view the PDF.

        • [Deleted]


          • The content selected is no longer in force and cannot be presented in Whole Section view.

        • [Deleted]

          Deleted and replaced by Chapter 9 — AFN MKT Forms effective 16th August 2012.

        • Chapter 8 — AFN MKT Forms

          • AFN MKT1 Application for Prospectus Approval

            Set out here are the preliminary notes relating to the form, click here to download the specific AFN form above, press "Read only" and then enter details where the form permits you to.

            Purpose of this form

            This form must be submitted by an Applicant who is required to issue a Prospectus pursuant to Article 14 of the Markets Law 2012 or a Supplementary Prospectus pursuant to Article 18 of the Markets Law 2012.

            Notes for completing this form

            •   In this form, the term Applicant means an applicant seeking the approval of a Prospectus in accordance with the requirements prescribed in the Markets Rules (MKT) of the DFSA Rulebook.
            •   Defined terms are identified throughout this application form by the capitalisation of the initial letter of a word or phrase and are defined in the Glossary module (GLO) of the DFSA Rulebook.
            •   A Prospectus includes the Summary, Registration Statement and Securities Note as specified in the MKT.
            •    Where applicable, Applicants must submit documents and fees required under Rule 2.6 or 6.3 of the MKT.
            •   This application form on the DFSA's website is in PDF format. Editable Microsoft Word version may be obtained from the DFSA on request.
            •   A passport copy of the individual authorised to sign the declaration must be provided with this form.
            •   Applications will not be processed until the relevant fee is paid in full to the DFSA. Details of the fee schedule are set out in the Fees module of the DFSA Rulebook. Please make the payment by bank transfer in US Dollars to the account listed below. Cheques or bank drafts will not be accepted.
            Account name Dubai Financial Services Authority
            Account number 020-683751-100
            IBAN: AE080200000020683751100
            Bank details HSBC Bank Middle East
            PO Box 66, Dubai, UAE
            Swift code BBMEAEAD
            Reference to be quoted Application fee [applicant name]

            (Kindly provide a copy of the remittance advice to the DFSA)

          • AFN MKT2 Application for Admission of Securities to the Official List of Securities of the DFSA

            Set out here are the preliminary notes relating to the form, click here to download the specific AFN form above, press "Read only" and then enter details where the form permits you to.

            Purpose of this form

            This form must be submitted by any Person which proposes to seek an admission of Securities to the Official List of Securities maintained by the DFSA. This application must be made pursuant to Chapter 9 (The Listing Rules) of the Markets Rules of the DFSA Rulebook (MKT).

            Contents

            Section Title Who should complete the section
            1 General Information To be completed by all Applicants
            2 Security Details To be completed by all Applicants
            3 Trading Details To be completed by all Applicants
            4 Additional Information To be completed where relevant
            5 Prospectus Exemptions To be completed where relevant
            6 Islamic Securities To be completed where relevant
            7 Declaration To be completed by all Applicants

            Notes for completing this form

            •   In this form, the term "Applicant" means an applicant for admission of Securities to the Official List of Securities of the DFSA and includes, where the context requires, the Issuer.
            •   In this form, a reference to Securities is a reference to the Securities of the Issuer or, where the context requires, the Securities for which the Applicant is or proposes to be a Reporting Entity but not the Issuer.
            •   In this form, a reference to the "Listing Rules" is a reference to Chapter 9 of the MKT and relevant appendices.
            •   Defined terms are identified throughout this application form by the capitalisation of the initial letter of a word or phrase and are defined in the Glossary module (GLO) of the DFSA Rulebook.
            •   Questions must be answered fully and the use of abbreviations or acronyms should be avoided or such acronym clearly defined.
            •   Do not leave any questions blank. If a question is not applicable this should be indicated in the response section. Failure to answer questions or provide full responses may delay the progress of the application.
            •   Prior to completion of this form, Applicants are strongly urged to read the Markets Law 2012 and MKT to ensure appropriate information is provided to the DFSA.
            •   Answers must be typed in electronic format and the form must be signed by a Director of the Applicant.
            •    A passport copy of the the individual authorised to sign the declaration must be provided with this form.
            •   Applicants are reminded that any material changes to any information submitted in this application whilst it is under consideration by the DFSA must be immediately notified to the DFSA, and that failing to provide such information may lead to an offence under Article 66 of the Regulatory Law 2004 if it causes information submitted to the DFSA to be false, misleading or deceptive at the time that the DFSA relies upon it.
            •   The application will not be processed until the relevant fee is paid in full to the DFSA. Details of the fee schedule are set out in the Fees module of the DFSA Rulebook. Please make the payment by bank transfer in US Dollars to the account listed below. Cheques or bank drafts will not be accepted.
            Account name Dubai Financial Services Authority
            Account number 020-683751-100
            IBAN: AE080200000020683751100
            Bank details HSBC Bank Middle East
            PO Box 66
            Dubai, UAE
            Swift code BBMEAEAD
            Reference to be quoted Application fee [applicant name]

            (Kindly provide a copy of the remittance advice to the DFSA)

          • AFN MKT3 Sponsor's Declaration

            Set out here are the preliminary notes relating to the form, click here to download the specific AFN form above, press "Read only" and then enter details where the form permits you to.

            Notes for completing this form

            •   Defined terms are identified throughout this declaration form by the capitalisation of the initial letter of a word or phrase and are defined in the Glossary module (GLO) of the DFSA's Rulebook.
            •   The DFSA requires the original of the completed sponsor¡¦s declaration. No facsimiles will be accepted. The declaration must be signed and initialled manually where necessary and not mechanically or electronically.
            •   This declaration form is in PDF format on the DFSA's website. Editable Microsoft Word version can be obtained from the DFSA on request.
            •   A passport copy of the individual authorised to sign this declaration must be provided with this declaration.

          • AFN MKT4 Application for a Waiver & Modification Form

            Click here to download the specific AFN form above, press "Read only" and then enter details where the form permits you to.

        • Chapter 9 — AFN DNFBP Forms

          • AFN DNF1 Designated Non-Financial Business or Profession (DNFBP) Registration Form

            Set out here are the preliminary notes relating to the form, click here to download the specific AFN form above, press "Read only" and then enter details where the form permits you to.

            Purpose of this form

            This form must be submitted by a DNFBP in order to register with the DFSA to carry on its business activity in or from the DIFC. A registration notice must be submitted in relation to any of the DNFBP types contained in section 2. In some cases, the DFSA may require additional information in order to complete the processing of this application. If this is necessary, the DFSA will contact the DNFBP's nominated person identified in section 1 and/or section 3.

            Contents

            This form consists of the below sections:

            1. DNFBP Details
            2. Type of DNFBP
            3. Anti Money Laundering
            4. Declaration
            5. Applicable Fees
            6. Attachments

            Notes for completing this form

            •    Defined terms are identified throughout this form by the capitalisation of the initial letter of a word or phrase and are defined in the AML module of the DFSA's Rulebook. Some of the defined terms and abbreviations may also be found in the Glossary module of the DFSA Rulebook.
            •    You should read and be familiar with the AML module (AML) of the DFSA's Rulebook.
            •    All relevant sections must be completed.
            •    Questions must be fully answered and the use of abbreviations should be avoided.
            •    Do not leave any questions blank — if a question is not applicable this should be indicated in the response section.
            •    Answers must be typed and the form must be signed by a Director/Partner, or a member of the DNFBP's senior management.
            •    Please ensure any supporting documentation is clearly labelled and securely attached.

          • AFN DNF2 Designated Non-Financial Business or Profession (DNFBP) Changes to registration details

            Set out here are the preliminary notes relating to the form, click here to download the specific AFN form above, press "Read only" and then enter details where the form permits you to.

            Purpose of this form

            This form must be used by a DNFBP to notify the DFSA of any changes in its name, legal status, address or, if applicable, its MLRO. The DFSA may require additional information in order to complete the processing of this notification.

            Contents

            This form consists of five sections:

            1. Summary of changes
            2. Changes to DNFBP details
            3. Changes to MLRO
            4. Declaration
            5. Attachments

            Notes for completing this form

            •    Defined terms are identified throughout this form by the capitalisation of the initial letter of a word or phrase and are defined in the AML module of the DFSA's Rulebook. Some of the defined terms and abbreviations may also be found in the Glossary module of the DFSA Rulebook.
            •    Please fill in the section(s) relevant to the change(s) of your firm.
            •    Questions must be fully answered and the use of abbreviations should be avoided.
            •    Do not leave any questions blank in the relevant section of change(s) — if a question is not applicable this should be indicated in the response section.
            •    Answers must be typed and the form must be signed by a Director/Partner, or a member of the DNFBPs senior management.
            •    Please ensure any supporting documentation is clearly labelled and securely attached.

        • Chapter 10 — AFN AML Forms

          • AFN AML Annual AML Return

            Set out here are the preliminary notes relating to the form, click here to download the specific AFN form above, press "Read only" and then enter details where the form permits you to.

            Purpose of this Return

            This AML Return must be submitted by every Relevant Person who is required to under Rule 14.5.1 of the AML module of the DFSA Rulebook. The AML Return is required to be completed annually and submitted to the DFSA within four months of the end of the submitter's financial year end, and be signed by the Governing Body and/or senior management of the Relevant Person.

            This AML return is one the supervisory tools used by the DFSA to assess a Relevant Person's compliance with its AML obligations. The form will also allow the DFSA to identify and action any relevant AML issues and trends that emerge in the DIFC. Similarly, this AML Return may also form a part of a Relevant Person's systems and controls for monitoring compliance with its AML obligations.

            Notes for completing this Return

            •    You should familiarise yourself with the AML module before completing this return.
            •    All sections must be completed, where appropriate.
            •    Questions must be answered in full and the use of abbreviations should be avoided.
            •    Do not leave any questions blank — if a question is not applicable this should be indicated in the response section.
            •    If there is insufficient space to answer a question, please attach the answer in an appendix.
            •    Answers must be typed.
            •    Please ensure any supporting documentation is clearly labelled and attached.
            •    The AML Return includes, where appropriate, the relevant AML module Rule reference. These references should assist in framing the context of your answer. The Rule reference should also assist in determining if the question is applicable.
            •    If the answer to all or part of any question is covered within your AML Policies and Procedures, please provide the relevant reference and page number to that information in your response.

            Contents of AML Return

            A. Relevant Person Details
            B. Compliance with AML Obligations
            C. Applying a Risk Based Approach
            D. Customers and Customer Due Diligence
            E. Reliance and Outsourcing
            F. Audit
            G. Sanctions and Other International Obligations
            H. AML Training and Awareness
            I. Suspicious Activity Reports
            J. Governing Body/ Senior Management Declaration

    • Code of Market Conduct (CMC)

      CMC/VER1/01-15

      CMC/VER2/02-17

      View the current version of the Code of Market Conduct (CMC).

    • Prescribed Forms and Notices (PFN)

      PFN/VER1/264/09-04

      PFN/VER2/265/10-04

      PFN/VER3/02-05

      View the current version of the Prescribed Forms and Notices Module (PFN).

      • The content selected is no longer in force and cannot be presented in Whole Section view.

    • Prudential Returns Module (PRU-EPRS)

      PRU-EPRS/VER1/12-07

      • Prudential Returns Module (PRU-EPRS) [VER4/03-15]

        Click here to view PDF.

        • PRU-EPRS 1 Instructional Guidelines

          • The content selected is no longer in force and cannot be presented in Whole Section view.

    • Regulatory Policy and Process Sourcebook (RPP)

      Regulatory Policy and Process Sourcebook (RPP) July 2013 Edition

      Regulatory Policy and Process Sourcebook (RPP) August 2014 Edition

      Regulatory Policy and Process Sourcebook (RPP) November 2014 Edition

      Regulatory Policy and Process Sourcebook (RPP) February 2015 Edition

      Regulatory Policy and Process Sourcebook (RPP) May 2015 Edition

      Regulatory Policy and Process Sourcebook (RPP) July 2015 Edition

      Regulatory Policy and Process Sourcebook (RPP) February 2016 Edition

      View the current version of the Regulatory Policy and Process Sourcebook (RPP).

      • Regulatory Policy and Process Sourcebook (RPP) December 2012 Edition

        Click here to view PDF.

        The Regulatory Policy and Process Sourcebook (RPP) December 2012 Edition was replaced by Regulatory Policy and Process Sourcebook (RPP) July 2013 Edition.

        • RPP 1 Introduction

          • The content selected is no longer in force and cannot be presented in Whole Section view.

        • RPP 2 Authorisation — Becoming Regulated

          • RPP 2-3 Assessing the Fitness and Propriety of Authorised Individuals and Principal Representatives

            • Integrity

              • The content selected is no longer in force and cannot be presented in Whole Section view.

          • RPP 2-5 Start-Up Entities in the DIFC

            • Financial Risk

              • RPP 2-5-8

                All applicants are required to demonstrate a sound initial capital base and funding and to meet the relevant prudential requirements of the DFSAG rulebook, on an ongoing basis. This may include holding sufficient capital to cover expenses on a zero revenue basis. Inevitably, start up entities face greater financial risks as they seek to establish and grow a new business.

                Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]

          • RPP 2-6 Application for a Retail Endorsement

            • RPP 2-6-1

              Section 7.3 of the GEN module provides that an applicant intending to carry on a Financial ServiceG with a Retail ClientG requires an endorsement on its LicenceG .

              Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]

            • RPP 2-6-2

              When assessing an application for a Retail Endorsement, the DFSAG may consider, among other things, the following:

              (a) the adequacy of an applicant's systems and controls for carrying on Financial ServicesG with a Retail ClientG ;
              (b) whether the applicant is able to demonstrate that its systems and controls (including policies and procedures) adequately provide for, among other things, compliance with the requirements specifically dealing with Retail ClientsG in the COB module, in particular:
              (i) marketing materials intended for Retail ClientsG ;
              (ii) the content requirements for Client AgreementsG for Retail ClientsG ;
              (iii) the suitability assessment for recommending a financial product for a Retail ClientG ;
              (iv) the disclosure of fees and commissions, and any inducements, to a Retail ClientG ; and
              (v) the segregation of Client MoneyG and/or Client InvestmentsG , where relevant;
              (c) whether the applicant has adequate systems and controls to ensure, on an ongoing basis, that its EmployeesG remain competent and capable to perform the functions which are assigned to them, including any additional factors that may be relevant if their functions involve interfacing with Retail ClientsG ; and
              (d) the adequacy of the applicant's ComplaintsG handling policies and procedures. An applicant's policies and procedures must provide for fair, consistent and prompt handling of complaints. In addition to the matters set out in Chapter 9 of the GEN module, the policies and procedures should explicitly deal with how the applicant ensures that:
              (i) EmployeesG dealing with ComplaintsG have adequate training and competencies to handle ComplaintsG , as well as impartiality and sufficient authority (see GEN Rules 5.3.19, 9.2.7 and 9.2.8);
              (ii) a Retail ClientG is made aware of the firm's Complaints handling policies and procedures before obtaining its services (see COB Rule A2.1.2(1)(h)); and
              (iii) the applicant's ComplaintsG handling policies and procedures are freely available to any Retail ClientG upon request (see COB Rule 9.2.11).
              Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]

        • RPP 3 Supervision — Being Regulated

          • RPP 3-2 Supervision of Authorised Firms

            • Subsidiary of a Non-DIFC Firm

              • RPP 3-2-9

                The DFSAG will routinely be the lead regulator for the purpose of prudential supervision of an Authorised FirmG which is a DIFCG incorporated SubsidiaryG of a non-DIFC firm.

                Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]

              • RPP 3-2-10

                Where the Authorised FirmG is a SubsidiaryG of a regulated non-DIFC parent company, the DFSAG may have regard to any consolidated prudential supervision arrangements to which the SubsidiaryG is subject and will liaise with other regulators as necessary to ensure that these are adequately carried out, taking into account the Subsidiary'sG activities. The DFSAG may place appropriate reliance on the Subsidiary'sG consolidated regulator in another jurisdiction if it is satisfied that it meets appropriate regulatory criteria and standards.

                Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]

              • RPP 3-2-11

                An Authorised FirmG carrying on Financial ServicesG as a SubsidiaryG of an unregulated non-DIFC parent company may be subject to DFSA'sG consolidated prudential supervision, taking into account the parent's activities.

                Derived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]

          • RPP 3-3 Supervision of Representative Offices

            • The content selected is no longer in force and cannot be presented in Whole Section view.

          • RPP 3-4 Supervision of Ancillary Service Providers

            • The content selected is no longer in force and cannot be presented in Whole Section view.

          • RPP 3-5 Supervision of Auditors

            • The content selected is no longer in force and cannot be presented in Whole Section view.

          • RPP 3-6 Supervision of Authorised Market Institutions

            • The content selected is no longer in force and cannot be presented in Whole Section view.

        • RPP 4 Supervisory and Enforcement Powers

          • RPP 4-1 Introduction

            • The content selected is no longer in force and cannot be presented in Whole Section view.

        • RPP 5 Enforcement

          • The content selected is no longer in force and cannot be presented in Whole Section view.

        • RPP 6 Decision Making

          • The content selected is no longer in force and cannot be presented in Whole Section view.