• Requisition And Seizure Of Books And Papers

    • 910. Registrar’s power to require production of documents

      (1) The Registrar may act under subsections (2) and (3) in relation to a company.
      (2) The Registrar may give directions to the company requiring it−
      (a) to produce such documents (or documents of such description) as may be specified in the directions,
      (b) to provide such information (or information of such description) as may be so specified.
      (3) The Registrar may authorise a person (an investigator) to require the company or any other person−
      (a) to produce such documents (or documents of such description) as the investigator may specify,
      (b) to provide such information (or information of such description) as the investigator may specify.
      (4) A person on whom a requirement under subsection (3) is imposed may require the investigator to produce evidence of his authority.
      (5) A requirement under subsection (2) or (3) must be complied with at such time and place as may be specified in the directions or by the investigator (as the case may be).
      (6) The production of a document in pursuance of this section does not affect any lien which a person has on the document.
      (7) The Registrar or the investigator (as the case may be) may take copies of or extracts from a document produced in pursuance of this section.
      (8) The power under this section to require production of a document includes power, in the case of a document not in hard copy form, to require the production of a copy of the document−
      (a) in hard copy form, or
      (b) in a form from which a hard copy can be readily obtained.
      (9) Any person who fails without reasonable excuse to comply with any requirement imposed in accordance with this section commits a contravention of these Regulations.
      (10) A person who commits a contravention under this section shall be liable to a fine of up to level 7.
      (11) For the purposes of sections 912 and 915 (provision for security of information) documents obtained under this section shall be treated as if they had been obtained under the provision of this Part under which their production was or, as the case may be, could have been required.
      (12) In this section “document” includes information recorded in any form.
      (13) A statement made by a person in compliance with a requirement under section 910 may be used in evidence against him.

    • 911. Protection in relation to certain disclosures: information provided to Registrar

      (1) A person who makes a relevant disclosure is not liable by reason only of that disclosure in any proceedings relating to a breach of an obligation of confidence.
      (2) A relevant disclosure is a disclosure which satisfies each of the following conditions–
      (a) it is made to the Registrar otherwise than in compliance with a requirement under this Part,
      (b) it is of a kind that the person making the disclosure could be required to make in pursuance of this Part,
      (c) the person who makes the disclosure does so in good faith and in the reasonable belief that the disclosure is capable of assisting the Registrar for the purposes of the exercise of his functions under this Part,
      (d) the information disclosed is not more than is reasonably necessary for the purpose of assisting the Registrar for the purposes of the exercise of those functions,
      (e) the disclosure is not one falling within subsection (3) or (4).
      (3) A disclosure falls within this subsection if the disclosure is prohibited by virtue of any law or regulation applicable in the Abu Dhabi Global Market whenever passed or made.
      (4) A disclosure falls within this subsection if–
      (a) it is made by a person carrying on the business of banking or by a lawyer, and
      (b) it involves the disclosure of information in respect of which he owes an obligation of confidence in that capacity.

    • 912. Provision for security of information obtained

      (1) This section applies to information (in whatever form) obtained−
      (a) in pursuance of a requirement imposed under section 910,
      (b) by means of a relevant disclosure within the meaning of section 911(2),
      (c) by an investigator in consequence of the exercise of his powers under section 918.
      (2) Such information must not be disclosed unless the disclosure−
      (a) is made to such persons as the Board may designate in rules made by resolution, or
      (b) is of such a description as the as the Board may designate in rules made by resolution.
      (3) A person who discloses any information in contravention of this section commits a contravention of these Regulations.
      (4) A person who commits a contravention under this section shall be liable to a fine of up to level 7.
      (5) Any information which may by virtue of this section be disclosed to a person specified in subsection 2(b) may be disclosed to any officer or employee of the person.
      (6) This section does not prohibit the disclosure of information if the information is or has been available to the public from any other source.
      (7) For the purposes of this section, information obtained by an investigator in consequence of the exercise of his powers under section 918 includes information obtained by a person accompanying the investigator in pursuance of subsection (4) of that section in consequence of that person’s accompanying the investigator.
      (8) Nothing in this section authorises the making of a disclosure in contravention of applicable data protection legislation.

    • 913. Punishment for destroying, mutilating etc company documents

      (1) An officer or agent of a company who−
      (a) destroys, mutilates or falsifies, or is privy to the destruction, mutilation or falsification of a document affecting, or relating to the company’s property or affairs, or
      (b) makes, or is privy to the making of, a false entry in such a document,
      commits a contravention of these Regulations, unless he proves that he had no intention to conceal the state of affairs of the company or to defeat the law.
      (2) Such a person as above mentioned who fraudulently either parts with, alters or makes an omission in any such document or is privy to fraudulent parting with, fraudulent altering or fraudulent making of an omission in, any such document, commits a contravention of these Regulations.
      (3) A person who is found to have committed contravention under this section shall be liable to a fine of up to level 8.
      (4) In this section “document” includes information recorded in any form.

    • 914. Punishment for furnishing false information

      (1) A person commits a contravention of these Regulations if in purported compliance with a requirement under section 910 to provide information−
      (a) he provides information which he knows to be false in a material particular,
      (b) he recklessly provides information which is false in a material particular.
      (2) A person who commits a contravention of this section shall be liable to a fine of up to level 7.

    • 915. Disclosure of information by Board or inspector

      (1) This section applies to information obtained−
      (a) under sections 896 to 909,
      (b) by an inspector in consequence of the exercise of his powers under section 918.
      (2) The Registrar may, if it thinks fit−
      (a) disclose any information to which this section applies−
      (i) to any person to whom, or for any purpose for which, disclosure is permitted under section 446, or
      (ii) to the Financial Services Regulator,
      (b) authorise or require an inspector appointed under this Part to disclose such information to any such person or for any such purpose.
      (3) Information to which this section applies may also be disclosed by an inspector appointed under this Part to−
      (a) another inspector appointed under this Part, or
      (b) a person authorised to exercise powers under−
      (i) section 910 of these Regulations, or
      (ii) section 927 of these Regulations (exercise of powers to assist non-Abu Dhabi Global Market regulatory authority).
      (4) Any information which may by virtue of subsection (3) be disclosed to any person may be disclosed to any officer or servant of that person.
      (5) The Registrar may, if it thinks fit, disclose any information obtained under section 903 to—
      (a) the company whose ownership was the subject of the investigation,
      (b) any member of the company,
      (c) any person whose conduct was investigated in the course of the investigation,
      (d) the auditors of the company, or
      (e) any person whose financial interests appear to the Registrar to be affected by matters covered by the investigation.
      (6) For the purposes of this section, information obtained by an inspector in consequence of the exercise of his powers under section 918 includes information obtained by a person accompanying the inspector in pursuance of subsection (4) of that section in consequence of that person’s accompanying the inspector.
      (7) The reference to an inspector in subsection (2)(b) above includes a reference to a person accompanying an inspector in pursuance of section 918.