• PART 4 PART 4 OFFENCES, FINES & ENFORCEMENT

    • 17. Offences

      (1) An ADGM Person who fails to comply with these Regulations or any rules made under these Regulations is guilty of an offence and liable to a fine as prescribed under section 19.
      (2) It is a defence for an ADGM Person, charged with failing to comply with a duty imposed on him under these Regulations or any rules made under these Regulations, to prove that the ADGM Person took all reasonable steps to attempt to comply with the duty.

    • 18. False or misleading information

      (1) It is a contravention of these Regulations for a person knowingly or recklessly:
      (a) to deliver or cause to be delivered to the Registrar, for any purpose of these Regulations, any information or document, or
      (b) to make to the Registrar, for any such purpose, a statement, that is misleading, false or deceptive in a material particular.
      (2) A person who commits the contravention referred to in subsection (1) is liable to a fine as prescribed under section 19.

    • 19. Fines

      (1) The Board may make rules in respect of the procedures relating to the imposition and recovery of fines under this Part.
      (2) Where the Registrar considers that a person has contravened–
      (a) these Regulations; or
      (b) any rules made under these Regulations, the Registrar,
      by written notice (a “monetary penalty notice”) to the person, may impose a fine in respect of the contravention.
      (3) A monetary penalty notice is a written notice requiring the person to pay to the Registrar a fine of an amount determined by the Registrar as the Registrar may consider appropriate.
      (4) The amount determined by the Registrar must not exceed a level 7 fine (as specified under the Commercial Licensing Regulations 2015 (Fines) Rules 2015), or such other amount as the Registration Authority may prescribe from time to time.
      (5) The fine must be paid to the Registrar within the period specified in the monetary penalty notice.
      (6) The monetary penalty notice must contain such information as may be prescribed.
      (7) A person, who receives a monetary penalty notice under this section, may refer the matter to the Court for review of–
      (a) the issue of the monetary penalty notice;
      (b) the amount of the fine specified in the notice.
      (8) Court Procedure Rules may make provision for any reference to the Court under subsection (7).
      (9) If, within the period specified in the monetary penalty notice–
      (a) the person pays the fine specified in the notice to the Registrar–
      (i) subject to paragraph (ii) below, no proceeding or actions pursuant to this Part may be commenced, whether in the Court or otherwise, by the Registrar against the ADGM Person in respect of the relevant contravention; and
      (ii) without prejudice to paragraph (i) above, neither the imposition nor payment of a fine shall restrict the Registrar from taking any action against a person or refrain from doing any act or thing in relation to any continuing contravention; or
      (b) if all or any portion of the fine has not been paid at the end of the period stated in a monetary penalty notice, the obligation of the person to pay the fine is enforceable as a debt payable to the Registrar. The Registrar may apply to the Court for the recovery of the debt.
      (10) In this section “prescribed” means prescribed by rules made by the Board pursuant to these Regulations.
      (11) Where a fine is imposed on a person under this section, the Registrar may publish, in such manner and for such period as the Registrar may determine, his name and the amount of the fine, and the publication may contain such information in respect of any person named therein, and such ancillary, incidental and supplementary information, as the Registrar may determine.

    • 20. Certificates

      A certificate that is signed by the Registrar and states that a monetary penalty notice prescribing a fine under section 19 was imposed on, a person is–
      (a) conclusive evidence of the giving of the imposition of the notice to the person; and
      (b) prima facie evidence of the facts contained in the direction or the notice,
      in any proceeding commenced under sections 19(7) and 19(9)(b).