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  • Chapter 10 — Other Matters Relating to Licensing

    • 62. Public Registers

      (1) The DFSA shall publish and maintain a register of current and past grants, withdrawals and suspensions of Licences, Licence Endorsements and authorisations of all Authorised Persons, Authorised Individuals and Key Individuals in such manner as may be prescribed in the Rules.
      (2) The DFSA shall publish and maintain a register of current and past registrations of all DNFBPs in such manner as may be prescribed in the Rules.
      (3) The DFSA shall publish and maintain registers of:
      (a) all persons in relation to whom action has been taken under Article 58(1); and
      (b) all persons in relation to whom action has been taken under Article 59;
      indicating whether any such action is of past effect or current, in such manner as may be prescribed in the Rules.
      (4) The DFSA shall publish and maintain a register of current and past registrations, suspensions and withdrawals of registrations of Registered Auditors and Audit Principals in such manner as may be prescribed in the Rules.
      (4A) The DFSA may decide not to publish information about a suspension imposed under Article 58(5) or Article 98A(5).
      (5) The DFSA shall publish and maintain a register of all Domestic Funds.
      (6) The DFSA shall make a reasonably current version of any registers maintained under Article 62(1), (2), (3), (4) and (5) readily available for viewing by the public during the normal business hours of the DFSA.

    • 63. Extended jurisdiction

      (1) Any power which the DFSA may exercise in relation to an Authorised Person, Registered Auditor, Authorised Individual, Key Individual, Audit Principal, Principal Representative, DNFBP, or Domestic Fund or an officer, employee or agent of an Authorised Person, Registered Auditor, DNFBP or Domestic Fund under the Law or Rules or other legislation administered by the DFSA may, subject to Articles 63(2) and (3), continue to be exercised after the date on which:
      (a) the Licence of such Authorised Person;
      (b) the registration of a DNFBP, Registered Auditor or Audit Principal;
      (c) the Authorised Individual or Key Individual status of such individual;
      (d) the registration of the Principal Representative; or
      (e) the registration of a Domestic Fund;
      is withdrawn by the DFSA under the Law or other legislation administered by the DFSA.
      (2) Except as provided in Article 63(3), the DFSA may only exercise a power under Article 63(1) in relation to a person within three years after the day on which the DFSA became aware of the act or omission that gave rise to the right to exercise the power in respect of that person.
      (3) If proceedings with respect to the act or omission are commenced by the DFSA within the period referred to in Article 63(2), then the provisions of Article 63(1) shall remain in force until such time as the proceedings and any review or appeal relating to the proceedings are completed.
      (4) For the purposes of this Article:
      (a) the DFSA is aware of an act or omission if it has information from which the act or omission can reasonably be inferred; and
      (b) a proceeding against a person is commenced when a notice is first provided to the person under Schedule 3, or a proceeding is commenced by the DFSA in the FMT or the Court, with respect to the act or omission.