Versions

 

1. Interpretation of certain words and expressions

(1) In these Regulations, in every enactment (whenever enacted) and in any subordinate legislation (whenever adopted), the following words and expressions shall have the meanings respectively assigned to them unless there is something in the subject or context inconsistent with such construction or unless it is therein otherwise expressly provided:

"Abu Dhabi Global Market" means the financial free zone established by Federal Decree No. 15 of 2013 issued by the President of the United Arab Emirates, as delimited by Resolution No. 4 of 2013 of the Cabinet of the United Arab Emirates and as governed by the ADGM Basic Law;

"ADGM Basic Law" means Law No. 4 of 2013 concerning the Abu Dhabi Global Market issued by His Highness the Ruler of the Emirate of Abu Dhabi;

"ADGM regulations" means regulations enacted by the Board under Article 6(1) of the ADGM Basic Law;

"animal" includes bird, reptile, fish and every kind of vertebrate animal and the young thereof;

"appoint" includes re-appoint;

"Board" means the Board of Directors of the Abu Dhabi Global Market as constituted by Article 4 of the ADGM Basic Law;

"Chief Justice" means the Chief Justice of the Abu Dhabi Global Market Courts appointed under Article 13(2) of the ADGM Basic Law;

"commencement" in relation to an enactment or subordinate legislation, means the time at which the enactment or legislation comes into operation in the Abu Dhabi Global Market;

"Constitution" means the Constitution of the United Arab Emirates, as amended or re-enacted from time to time;

"Court" means any of the courts established pursuant to Article 10 of the ADGM Basic Law;

"enactment" means (i) any ADGM regulations, and (ii) any Act (as defined in the Application of English Law Regulations 2015) applied and having legal force in the Abu Dhabi Global Market pursuant to the Schedule to the Application of English Law Regulations 2015;

"Federal Law" means a law issued by the President of the United Arab Emirates in his capacity as the President, including any rules, orders, decrees, resolutions, by-laws, notifications or similar measures adopted pursuant to such law;

"Financial Services Regulator" means the Financial Services Regulations Bureau established by Article 10 of the ADGM Basic Law and governed by Article 12 of that law;

"Financial Free Zones Law" means Federal Law No. 8 of 2004 on the Financial Free Zones issued by the President of the United Arab Emirates;

"month" means calendar month;

"oath" and "affidavit", in the case of persons for the time being allowed by law to affirm or declare instead of swearing, include affirmation and declaration, and "swear" in the like case includes affirm and declare;

"person" and "party" include any company or association or body of persons, corporate or unincorporate;

"public holiday" means any day which is declared to be or proclaimed as a public holiday or which under any enactment or Federal Law is to be observed as a public holiday in the Abu Dhabi Global Market;

"registered", in relation to a document, means registered under the provisions of any enactment for the time being applicable to the registration of such document;

"Registrar" means the Global Market Registration Bureau established by Article 10 of the ADGM Basic Law and governed by Article 11 of that law;

"repeal" includes rescind, revoke, cancel or replace;

"ship" includes every description of vessel used in navigation not exclusively propelled by oars or paddles;

"sign", with its grammatical variations and cognate expressions, with reference to a person who is unable to write his name, includes "mark" with its grammatical variations and cognate expressions;

"subordinate legislation" means any rules, orders, by-laws, notifications or similar measures made by the Board or the Registrar (or by any person to whom powers are delegated by the Delegation of Rulemaking Powers Regulations 2015) pursuant to or under the ADGM Basic Law or an enactment and having legislative effect;

"value", in relation to a suit, means the value of the subject-matter of the suit;

"vessel" includes floating craft of every description;

"will" includes a codicil;

"writing" and expressions referring to writing include printing, lithography, typewriting, photography and other modes of representing or reproducing words or figures in visible form; and

"year" means a year reckoned according to the Gregorian calendar.
(2) In these Regulations, in any other enactment (whenever enacted) and in any subordinate legislation (whenever adopted), unless a contrary intention appears —
(a) a reference to a day shall refer to a business day, being a normal working day in the Abu Dhabi Global Market;
(b) a reference to the masculine gender includes the feminine and vice versa; and
(c) a reference to words in the singular shall include the plural and vice versa.
(3) Where a word or expression is defined in an enactment or subordinate legislation, then, unless the contrary intention appears, other parts of speech and grammatical forms of that word or expression, and cognate expressions, have corresponding meanings in that enactment or subordinate legislation.
(4) Where an enactment or subordinate legislation authorises or requires any document to be served by post, whether the word "serve", "give" or "send" or any other word is used, then, unless a contrary intention appears, the service shall be deemed to be effected by properly addressing, prepaying and posting a letter containing the document, and, unless the contrary is proved, shall be deemed to have been effected at the time at which the letter would be delivered in the ordinary course of post.