• Requirements for proper delivery

    • 946. Requirements for proper delivery

      (1) A document delivered to the Registrar is not properly delivered unless all the following requirements are met—
      (a) the requirements of the provision under which the document is to be delivered to the Registrar as regards—
      (i) the contents of the document, and
      (ii) form, authentication and manner of delivery,
      (b) any applicable requirements under—
      (i) section 942 (Registrar's requirements as to form, authentication and manner of delivery),
      (ii) section 943 (power to require delivery by electronic means), or
      (iii) section 944 (agreement for delivery by electronic means),
      (c) any requirements of this Part as to the language in which the document is drawn up and delivered or as to its being accompanied on delivery by a certified translation into English,
      (d) in so far as it consists of or includes names and addresses, any requirements of this Part as to permitted characters, letters or symbols or as to its being accompanied on delivery by a certificate as to the transliteration of any element,
      (e) any requirement of rules under section 956 (use of unique identifiers),
      (f) any applicable requirements under section 983 (Registrar's requirements as to certification or verification),
      (g) any requirements as regards payment of a fee in respect of its receipt by the Registrar.
      (2) A document that is not properly delivered is treated for the purposes of the provision requiring or authorising it to be delivered as not having been delivered, subject to the provisions of section 947 (power to accept documents not meeting requirements for proper delivery).

    • 947. Power to accept documents not meeting requirements for proper delivery

      (1) The Registrar may accept (and register) a document that does not comply with the requirements for proper delivery.
      (2) A document accepted by the Registrar under this section is treated as received by the Registrar for the purposes of section 951 (public notice of receipt of certain documents).
      (3) No objection may be taken to the legal consequences of a document's being accepted (or registered) by the Registrar under this section on the ground that the requirements for proper delivery were not met.
      (4) The acceptance of a document by the Registrar under this section does not affect—
      (a) the continuing obligation to comply with the requirements for proper delivery, or
      (b) subject as follows, any liability for failure to comply with those requirements.
      (5) For the purposes of—
      (a) section 428 (default in filing accounts), and
      (b) any applicable law or regulation imposing a daily default fine for failure to deliver the document,
      the period after the document is accepted does not count as a period during which there is default in complying with the requirements for proper delivery.
      (6) But if, subsequently—
      (a) the Registrar issues a notice under section 969(4) in respect of the document (notice of administrative removal from the register), and
      (b) the requirements for proper delivery are not complied with before the end of the period of 14 days after the issue of that notice,
      any subsequent period of default does count for the purposes of those provisions.

    • 948. Documents containing unnecessary material

      (1) This section applies where a document delivered to the Registrar contains unnecessary material.
      (2) "Unnecessary material" means material that—
      (a) is not necessary in order to comply with an obligation under these Regulations, and
      (b) is not specifically authorised to be delivered to the Registrar.
      (3) For this purpose an obligation to deliver a document of a particular description, or conforming to certain requirements, is regarded as not extending to anything that is not needed for a document of that description or, as the case may be, conforming to those requirements.
      (4) If the unnecessary material cannot readily be separated from the rest of the document, the document is treated as not meeting the requirements for proper delivery.
      (5) If the unnecessary material can readily be separated from the rest of the document, the Registrar may register the document either—
      (a) with the omission of the unnecessary material, or
      (b) as delivered.

    • 949. Informal correction of document

      (1) A document delivered to the Registrar may be corrected by the Registrar if it appears to the Registrar to be incomplete or internally inconsistent.
      (2) This power is exercisable only—
      (a) on instructions, and
      (b) if the company (or other body) to which the document relates has given (and has not withdrawn) its consent to instructions being given under this section.
      (3) The following requirements must be met as regards the instructions—
      (a) the instructions must be given in response to an enquiry by the Registrar,
      (b) the Registrar must be satisfied that the person giving the instructions is authorised to do so—
      (i) by the person by whom the document was delivered, or
      (ii) by the company (or other body) to which the document relates,
      (c) the instructions must meet any requirements of Registrar's rules as to—
      (i) the form and manner in which they are given, and
      (ii) authentication.
      (4) The consent of the company (or other body) to instructions being given under this section (and any withdrawal of such consent)—
      (a) may be in hard copy or electronic form, and
      (b) must be notified to the Registrar.
      (5) This section applies in relation to documents delivered under Part 24 (company charges) by a person other than the company (or other body) as if the references to the company (or other body) were to the company (or other body) or the person by whom the document was delivered.
      (6) A document that is corrected under this section is treated, for the purposes of any law or regulation applicable in the Abu Dhabi Global Market relating to its delivery, as having been delivered when the correction is made.
      (7) The power conferred by this section is not exercisable if the document has been registered under section 947 (power to accept documents not meeting requirements for proper delivery).

    • 950. Replacement of document not meeting requirements for proper delivery

      (1) The Registrar may accept a replacement for a document previously delivered that—
      (a) did not comply with the requirements for proper delivery, or
      (b) contained unnecessary material (within the meaning of section 948).
      (2) A replacement document must not be accepted unless the Registrar is satisfied that it is delivered by—
      (a) the person by whom the original document was delivered, or
      (b) the company (or other body) to which the original document relates,
      and that it complies with the requirements for proper delivery.
      (3) The power of the Registrar to impose requirements as to the form and manner of delivery includes power to impose requirements as to the identification of the original document and the delivery of the replacement in a form and manner enabling it to be associated with the original.
      (4) This section does not apply where the original document was delivered under Part 24 (company charges) (but see section 838 (rectification of register)).