Past version: effective from 21/07/2020 - 17/02/2021
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1.1 This Decision Procedures and Enforcement Manual (the “Manual”) sets out information on the policies, processes and procedures of the Abu Dhabi Global Market (“ADGM”) Registration Authority in relation to the exercise of its enforcement powers and related decision making.
1.2 The Manual contains various policies and procedures and is intended to be both a reference for staff of the Registration Authority as well as to provide guidance to persons operating, or intending to operate, as licensed persons in the ADGM. However, the information in this Manual is general and non-binding. Decisions about particular matters or investigations are made based on the specific facts of the case.
1.3 The Manual is not an exhaustive source of the Registration Authority’s policy and procedures on the exercise of its enforcement and disciplinary powers and decision making (refer to the ‘Application’ section below for further detail on the scope of this Manual).
1.4 This Manual should be read in conjunction with ADGM’s commercial legislation, in particular, the Commercial Licensing Regulations 2015 (“CLR”). A link to ADGM’s commercial legislation is available here.
1.5 The term ‘ADGM’s commercial legislation’ used throughout this Manual refers to the regulations and rules governing the incorporation, registration, licensing, operation and de-registration of all legal entities in the ADGM. This includes but is not limited to the ADGM Companies Regulations 2020, Commercial Licensing Regulations 2015, Insolvency Regulations 2015, Data Protection Regulations 2015, Foundations Regulations 2017 and associated rules.
1.6 However, it does not refer to ADGM legislation governing the provision of financial services, including anti-money laundering (which is regulated by the FSRA) nor the procedures of the ADGM Courts and arbitration regulations.
1.7 Note: this Manual does not cover, include or relate to the use of enforcement powers by the ADGM Financial Services Regulatory Authority (“FSRA”).