• Register of debenture holders

    • 682. Register of debenture holders

      (1) Any register of debenture holders of a company that is kept by the company must be kept available for inspection—
      (a) at the company's registered office, or
      (b) at a place specified in rules made by the Board under section 996 (rules about where certain company records to be kept available for inspection).
      (2) A company must give notice to the Registrar of the place where any such register is kept available for inspection and of any change in that place.
      (3) No such notice is required if the register has, at all times since it came into existence, been kept available for inspection at the company's registered office.
      (4) If a company makes default for 14 days in complying with subsection (2), a contravention of these Regulations is committed by—
      (a) the company, and
      (b) every officer of the company who is in default.
      (5) A person who commits a contravention of this section is liable to a level 3 fine.
      (6) References in this section to a register of debenture holders include a duplicate—
      (a) of a register of debenture holders that is kept outside the Abu Dhabi Global Market, or
      (b) of any part of such a register.

    • 683. Register of debenture holders: right to inspect and require copy

      (1) Every register of debenture holders of a company must, except when duly closed, be open to the inspection—
      (a) of the registered holder of any such debentures, or any holder of shares in the company, without charge, and
      (b) of any other person on payment of such fee as may be prescribed.
      (2) Any person may require a copy of the register, or any part of it, on payment of such fee as may be prescribed.
      (3) A person seeking to exercise either of the rights conferred by this section must make a request to the company to that effect.
      (4) The request must contain the following information—
      (a) in the case of an individual, his name and address,
      (b) in the case of an organisation, the name and address of an individual responsible for making the request on behalf of the organisation,
      (c) the purpose for which the information is to be used, and
      (d) whether the information will be disclosed to any other person, and if so—
      (i) where that person is an individual, his name and address,
      (ii) where that person is an organisation, the name and address of an individual responsible for receiving the information on its behalf, and
      (iii) the purpose for which the information is to be used by that person.
      (5) For the purposes of this section a register is "duly closed" if it is closed in accordance with provision contained—
      (a) in the articles or in the debentures,
      (b) in the case of debenture stock in the stock certificates, or
      (c) in the trust deed or other document securing the debentures or debenture stock.
      The total period for which a register is closed in any year must not exceed 30 days.
      (6) References in this section to a register of debenture holders include a duplicate—
      (a) of a register of debenture holders that is kept outside the Abu Dhabi Global Market, or
      (b) of any part of such a register.
      (7) Subsection (1)(b) does not apply to a restricted scope company.

    • 684. Register of debenture holders: response to request for inspection or copy

      (1) Where a company receives a request under section 683 (register of debenture holders: right to inspect and require copy), it must within five working days either—
      (a) comply with the request, or
      (b) apply to the Court.
      (2) If it applies to the Court it must notify the person making the request.
      (3) If on an application under this section the Court is satisfied that the inspection or copy is not sought for a proper purpose—
      (a) it shall direct the company not to comply with the request, and
      (b) it may further order that the company's costs on the application be paid in whole or in part by the person who made the request, even if he is not a party to the
      (4) If the Court makes such a direction and it appears to the Court that the company is or may be subject to other requests made for a similar purpose (whether made by the same person or different persons), it may direct that the company is not to comply with any such request.

      The order must contain such provision as appears to the Court appropriate to identify the requests to which it applies.
      (5) If on an application under this section the Court does not direct the company not to comply with the request, the company must comply with the request immediately upon the Court giving its decision or, as the case may be, the proceedings being discontinued.

    • 685. Register of debenture holders: refusal of inspection or default in providing copy

      (1) If an inspection required under section 683 (register of debenture holders: right to inspect and require copy) is refused or default is made in providing a copy required under that section, otherwise than in accordance with an order of the Court, a contravention of these Regulations is committed by—
      (a) the company, and
      (b) every officer of the company who is in default.
      (2) A person who commits a contravention of this section is liable to a level 2 fine.
      (3) In the case of any such refusal or default the Court may by order compel an immediate inspection or, as the case may be, direct that the copy required be sent to the person requesting it.

    • 686. Register of debenture holders: offences in connection with request for or disclosure of information

      (1) It is a contravention of these Regulations for a person knowingly or recklessly to make in a request under section 683 (register of debenture holders: right to inspect and require copy) a statement that is misleading, false or deceptive in a material particular.
      (2) It is a contravention of these Regulations for a person in possession of information obtained by exercise of either of the rights conferred by that section—
      (a) to do anything that results in the information being disclosed to another person, or
      (b) to fail to do anything with the result that the information is disclosed to another person,
      knowing, or having reason to suspect, that person may use the information for a purpose that is not a proper purpose.
      (3) A person who commits a contravention of this section is liable to a level 2 fine.

    • 687. Time limit for claims arising from entry in register

      (1) Liability incurred by a company—
      (a) from the making or deletion of an entry in the register of debenture holders, or
      (b) from a failure to make or delete any such entry,
      is not enforceable more than ten years after the date on which the entry was made or deleted or, as the case may be, the failure first occurred.
      (2) This is without prejudice to any lesser period of limitation.