Inspection Etc Of The Register
959. Inspection of the register(1) Any person may inspect the register.(2) This section has effect subject to section 961 (material not available for public inspection).
960. Right to copy of material on the register(1) Any person may require an electronic copy of any publicly available material on the register.(2) The fee for any such an electronic copy of material derived from a document subject to the enhanced disclosure requirements (see section 952) must not exceed the administrative cost of providing it.(3) Any person may request that the Registrar provide it with a paper copy of any publically available material on the register.(4) The Board may make rules requiring the payment of certain fees to the Registrar for the provision of the paper copy as described in subsection 960(3).(5) This section has effect subject to section 961 (material not available for public inspection).
961. Material not available for public inspection(1) The following material must not be made available by the Registrar for public inspection–(a) subject to sub-section (2) and (3), any document filed with the Registrar by a restricted scope company or investment company that is not subject to the enhanced disclosure requirements,(b) protected information within section 228(1) (directors’ residential addresses: restriction on disclosure by Registrar),(c) representations received by the Registrar in response to a notice under section 235(2) (notice of proposal to put director’s usual residential address on the public record),(d) any document or notice (other than a final notice issued under section 253) filed or prepared by the Registrar under chapter 9 (Disqualification of Directors) of Part 10,(e) any application to the Registrar under section 889 (application for administrative restoration to the register) that has not yet been determined or was not successful,(f) any document received by the Registrar in connection with the giving or withdrawal of consent under section 949 (informal correction of documents),(g) any application or other document delivered to the Registrar under section 962 (application to make address unavailable for public inspection) and any address in respect of which such an application is successful,(h) any application or other document delivered to the Registrar under section 970 (application for rectification of register),(i) any Court order under section 971 (rectification of the register under Court order) that the Court has directed under section 972 (powers of Court on ordering removal of material from the register) is not to be made available for public inspection,(j) any e-mail address, identification code or password deriving from a document delivered for the purpose of authorising or facilitating electronic filing procedures or providing information by telephone,(k) any other material excluded from public inspection by or under any other law or regulation applicable in the Abu Dhabi Global Market.(2) A restricted scope company or investment company may at any time request in writing that the Registrar make available to specified person(s) or to the public some or all of the documents it has filed with the Registrar (a “disclosure request”). The disclosure request must specify:(a) the person(s) entitled to such disclosure (or, if the disclosure is intended to be made to the public, a statement to that effect), and(b) the documents to be so disclosed (or, if the disclosure relates to all filings made by the restricted scope company or investment company, as the case may be, a statement to that effect).(3) Upon receipt of a disclosure request complying with sub-section (2) the Registrar shall make the documents specified in the disclosure notice available to the persons specified in the disclosure notice using such means as it sees fit.(4) A restriction applying by reference to material deriving from a particular description of document does not affect the availability for public inspection of the same information contained in material derived from another description of document in relation to which no such restriction applies.(5) Material to which this section applies need not be retained by the Registrar for longer than appears to the Registrar reasonably necessary for the purposes for which the material was delivered to the Registrar.
962. Application to Registrar to make address unavailable for public inspection(1) The Registrar may make rules which provide for the Registrar, on application, to make an address on the register unavailable for public inspection.(2) The rules may make provision as to–(a) who may make an application,(b) the grounds on which an application may be made,(c) the information to be included in and documents to accompany an application,(d) the notice to be given of an application and of its outcome, and(e) how an application is to be determined.(3) Provision under subsection (2)(e) may in particular–(a) confer a discretion on the Registrar,(b) provide for a question to be referred to a person other than the Registrar for the purposes of determining the application.(4) An application must specify the address to be removed from the register and indicate where on the register it is.(5) The rules may provide–(a) that an address is not to be made unavailable for public inspection under this section unless replaced by a service address, and(b) that in such a case the application must specify a service address.
963. Form of application for inspection or copy(1) The Registrar may specify the form and manner in which application is to be made for–(a) inspection under section 959, or(b) a copy under section 960.
964. Form and manner in which copies to be provided(1) The following provisions apply as regards the form and manner in which copies, except in the case of certificates of incorporation, are to be provided under section 960.(2) Except in the case of certificates of incorporation, copies of documents shall be subject to the enhanced disclosure requirements must be provided in paper copy or electronic form, as the applicant chooses.(3) Subject to the preceding provisions of this section, the Registrar may determine the form and manner in which copies are to be provided.(4) The certificate of incorporation shall comply with the provisions of section 940 (Form and right to certificate of incorporation).
965. Certification of copies as accurate(1) Copies provided under section 960 in hard copy form must be certified as true copies unless the applicant dispenses with such certification.(2) Copies so provided in electronic form must not be certified as true copies unless the applicant expressly requests such certification.(3) A copy provided under section 960, certified by the Registrar (whose official position it is unnecessary to prove) to be an accurate record of the contents of the original document, is in all legal proceedings admissible in evidence–(a) as of equal validity with the original document, and(b) as evidence of any fact stated in the original document of which direct oral evidence would be admissible.(4) Except in the case of documents that are subject to the enhanced disclosure requirements (see section 952), copies provided by the Registrar may, instead of being certified in writing to be an accurate record, be sealed with the Registrar’s official seal.
966. Issue of process for production of records kept by the Registrar(1) No process for compelling the production of a record kept by the Registrar shall issue from any Court except with the permission of the Court.(2) Any such process shall bear on it a statement that it is issued with the permission of the Court.
967. Provision of information to public authorities(1) The Registrar may disclose any material held where such disclosure is–(a) is permitted or required to be made under the laws, regulations or rules of the Abu Dhabi Global Market,(b) is made to–(i) the Financial Services Regulator,(ii) a governmental or regulatory authority exercising powers and performing functions relating to anti-money laundering,(iii) a self-regulatory body or organization exercising and performing powers and functions in relation to financial services,(iv) a civil or criminal law enforcement agency, or(v) a governmental or other regulatory authority including a self regulatory body or organisation exercising powers and performing functions in relation to the regulation of auditors, accountants or lawyers,for the purpose of assisting the performance by any such person of its regulatory functions, or(c) is made in good faith for the purposes of performance and exercise of the functions and powers of the Registrar.