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  • Schedule 1 Interpretation

    • 1. Rules of interpretation

      (1) In the Law, a reference to:
      (a) a statutory provision includes a reference to the statutory provision as amended or re-enacted from time to time;
      (b) a person includes any natural person, body corporate or body unincorporate, including a company, partnership, unincorporated association, government or state;
      (c) an obligation to publish or cause to be published a particular document shall, unless expressly provided otherwise in the Law, include publishing or causing to be published in printed or electronic form;
      (d) unless stated otherwise, a day means a calendar day. If an obligation falls on a calendar day which is either a Friday or Saturday or an official State holiday in the DIFC, the obligation shall take place on the next calendar day which is a business day;
      (e) a calendar year shall mean a year of the Gregorian calendar;
      (f) a reference to the masculine gender includes the feminine; and
      (g) any reference to 'dollars' or '$' is a reference to United States Dollars
      unless the contrary intention appears.
      (2) The headings in the Law shall not affect its interpretation.

    • 2. Legislation in the DIFC

      References to legislation and Guidance in the Law shall be construed in accordance with the following provisions:

      (a) Federal Law is law made by the federal government of the State;
      (b) Dubai Law is law made by the Ruler, as applicable in the Emirate of Dubai;
      (c) DIFC Law is law made by the Ruler (including, by way of example, the Law), as applicable in the DIFC;
      (d) the Law is the Regulatory Law, DIFC Law No.1 of 2004 made by the Ruler;
      (e) the Rules are legislation made by the DFSA under the Law and are binding in nature;
      (f) Guidance is indicative and non-binding and may comprise (i) guidance made and issued by the Chief Executive as notations to the Rules; and (ii) any standard or code of practice issued by the DFSA Board of Directors which has not been incorporated into the Rules; and
      (g) references to "legislation administered by the DFSA" are references to DIFC Law and Rules conferring functions and powers on the DFSA.

    • 3. Defined Terms

      In the Law, unless the context indicates otherwise, the defined terms listed below shall have the corresponding meanings:

      Term Definition
      Anti-Money Laundering Legislation

      Means:

      (a) Federal Anti-Money Laundering Legislation; and
      (b) legislation administered by the DFSA relating to money laundering, terrorist financing, the financing of unlawful organisations and sanctions non-compliance.
      Audit Service has the meaning given to that term in Article 97(d) of this Law.
      Auditor has the meaning given to that term in Article 97(a) of this Law.
      Audit Principal has the meaning given to that term in Article 97(c) of this Law.
      Affiliate in relation to an Authorised Person, means any other entity in the Group to which the Authorised Person belongs.
      Authorised Firm a person who holds a Licence to carry on one or more Financial Services prescribed pursuant to Article 42(1)(a).
      Authorised Individual an individual who has been authorised by the DFSA to perform one or more Licensed Functionsfor an Authorised Firm.
      Authorised Market Institution a person who is licensed by DFSA in relation to the carrying on of one or more Financial Services prescribed pursuant to Article 42(1)(b).
      Authorised Person an Authorised Firm or an Authorised Market Institution.
      Chairman of the DFSA the person appointed to the office of chairman of the DFSA, a Board Member and chairman of the DFSA Board of Directors, by the President.
      Chief Executive the person appointed to the office of Chief Executive by the DFSA Board of Directors.
      Companies Law DIFC law relating to the incorporation of Companies.
      Companies Registrar the person appointed to the office of Registrar under the DIFC Companies Law 2004.
      Board Member a person appointed to the office of Member of the DFSA Board of Directors.
      Collective Investment Prohibitions the general and marketing prohibitions prescribed under Articles 20, 21 and 50 of the Collective Investment Law 2010.
      Court the DIFC Court as established under Dubai Law.
      director a director or equivalent member of an entity's governing body.
      Decision Notice a written notice given by the DFSA to a person pursuant to paragraph 5 of Schedule 3.
      DFSA the Dubai Financial Services Authority.
      DIFC the Dubai International Financial Centre.
      DIFC Authority the executive body of the DIFC, established under Dubai Law.
      Dubai Law has the meaning given in Article 2 of Schedule 1 to the Law.
      DNFBP has the meaning prescribed in the Rules made pursuant to Article 71A (2) of the Law.
      DNFBP Prohibition The prohibition in Article 71A (1) of the Law.
      Domestic Firm

      an Authorised Person which:

      (a) has its registered and head office in the DIFC; or
      (b) if it is a subsidiary of a legal entity whose principal place of business and head office is in a jurisdiction other than the DIFC, has its registered office in the DIFC.
      Federal Anti-Money Laundering Legislation has the meaning given in Articles 70 (1) and (2) of the Law.
      Domestic Fund has the meaning given in Article 3 of Schedule 1 to the Collective Investment Law 2010.
      Financial Markets Tribunal the Financial Markets Tribunalreferred toin Article26 of the Law.
      Financial Promotion has the meaning given in Article 41A(3) of this Law.
      Financial Promotions Prohibition the prohibition prescribed under Article 41A(1) of this Law.
      Financial Service has the meaning given in Article 41 of this Law.
      Financial Services Prohibition the prohibition prescribed under Article 41 of this Law.
      Financial Services Regulator a regulator of financial services activities established in a jurisdiction other than the DIFC.
      FMT the Financial Markets Tribunal.
      Fund Manager has the meaning given in Article 20(4) of the Collective Investment Law 2010.
      Fund has the meaning given in Article 3 of Schedule 1 to the Collective Investment Law 2010.
      Governing Body has the meaning given to that term in Article 3 of Schedule 1 to the Collective Investment Law 2010.
      Group

      means a group of entities which includes an entity (the 'first entity') and:

      (a) any Parent of the first entity; and
      (b) any Subsidiaries (direct or indirect) of the Parent or Parents in (a) of the first entity.
      Guidance has the meaning given in Article 2 of Schedule 1 to the Law.
      Investment Trust has the meaning given to that term in Article 3 of the Schedule to the Investment Trust Law 2006.
      Key Individual an individual who has been authorised by the DFSA to perform one or more Licensed Functions for an Authorised Market Institution.
      Law the Regulatory Law 2004.
      legislation includes rules or regulations made under legislation.
      Licence a licence granted by the DFSA under Chapter 2 of Part 3.
      Licence Endorsement an endorsement made by the DFSA on a Licence that permits an Authorised Person to carry on an activity prescribed under Article 44.
      Licensed Function a function prescribed pursuant to Article 43(1).
      Money laundering has the meaning given in Article 70 (2)(b) of the Law.
      officer in relation to an entity, means an officer of that entity including a director.
      Parent a holding company as defined in Schedule 1 to the DIFC Companies Law.
      person has the meaning given in Article 1 of Schedule 1 to the Law.
      Preliminary Notice a written notice given by the DFSA to a person under paragraph 4(1) of Schedule 3.
      President the president of the DIFC, appointed by a decree of the Ruler pursuant to Dubai Law.
      Principal Representative has the meaning prescribed in the Rules.
      Privileged Communication a communication attracting a privilege arising from the provision of professional legal advice and any other privilege applicable at law, but does not include a general duty of confidentiality.
      Public Fund has the meaning given to that term in Article 3 of Schedule 1 to the Collective Investment Law 2010.
      Public Listed Company a person incorporated or formed in the DIFC and who is admitted to an official list of securities in the DIFC or an equivalent list of securities in another jurisdiction.
      Recognised Person has the meaning given in Article 37(3) of the Markets Law [2011].
      Registered Auditor has the meaning given to that term in Article 97(b) of this Law.
      Relevant Person has the meaning given in Article 70 (5) of the Law.
      Reporting Entity has the meaning given to that term in Article 3 of the Schedule to the Markets Law 2012.
      Ruler the ruler of the Emirate of Dubai.
      Rules has the meaning given in Article 2 of Schedule 1 to the Law.
      Schedule a schedule to the Law.
      Special Resolution has the meaning given in Article 3 of Schedule 1 to the Collective Investment Law 2010.
      State United Arab Emirates.
      Subsidiary a subsidiary as defined in Schedule 1 to the DIFC Companies Law.
      Trustee a Trustee within the meaning of the Investment Trust Law 2006 and the Collective Investment Law 2010.
      Unitholder has the meaning given in Article 3 of Schedule 1 to the Collective Investment Law 2010.