• Supplementary

    • 916. Privileged information.

      (1) Nothing in sections 893 to 909 compels the disclosure by any person to the Registrar or to an inspector appointed by the Registrar of information in respect of which a claim to legal professional privilege could be maintained.
      (2) Nothing in section 896, 901 or 903 requires a person (except as mentioned in subsection (3) below) to disclose information or produce documents in respect of which he owes an obligation of confidence by virtue of carrying on the business of banking unless—
      (a) the person to whom the obligation of confidence is owed is the company or other body corporate under investigation,
      (b) the person to whom the obligation of confidence is owed consents to the disclosure or production, or
      (c) the making of the requirement is authorised by the Registrar.
      (3) Subsection (2) does not apply where the person owing the obligation of confidence is the company or other body corporate under investigation under section 893, 894 or 895.
      (4) Nothing in sections 910 to 914
      (a) compels the production by any person of a document or the disclosure by any person of information in respect of which a claim to legal professional privilege could be maintained,
      (b) authorises the taking of possession of any such document which is in the person's possession.
      (5) The Registrar must not under section 910 require, or authorise a person to require—
      (a) the production by a person carrying on the business of banking of a document relating to the affairs of a customer of his, or
      (b) the disclosure by it of information relating to those affairs,
      unless one of the conditions in subsection (6) is met.
      (6) The conditions are—
      (a) the Registrar thinks it is necessary to do so for the purpose of investigating the affairs of the person carrying on the business of banking,
      (b) the customer is a person on whom a requirement has been imposed under section 910,
      (c) the customer is a person on whom a requirement to produce information or documents has been imposed by an investigator appointed by the Registrar.
      (7) Despite subsections (1) and (2) a person who is a lawyer may be compelled to disclose the name and address of his client

    • 917. Investigation of non-Abu Dhabi Global Market companies

      (1) The provisions of this Part apply to bodies corporate incorporated outside the Abu Dhabi Global Market which are carrying on business in the Abu Dhabi Global Market under the auspices of a licence granted under the Commercial Licensing Regulations 2015, or have at any time carried on business there, as they apply to companies under these Regulations, but subject to the following exceptions, adaptations and modifications.
      (2) The following provisions do not apply to such bodies—
      (a) section 893 (investigation on application of company or its members),
      (b) sections 901 to 903 (investigation of company ownership and power to obtain information as to those interested in shares, etc).
      (3) The other provisions of this Part apply to such bodies subject to such adaptations and modifications as may be specified by rules made by the Board by resolution.

    • 918. Power to enter and remain on premises

      (1) An inspector or investigator may act under subsection (2) in relation to a company if—
      (a) he is authorised to do so by the Registrar, and
      (b) he thinks that to do so will materially assist him in the exercise of his functions under this Part in relation to the company.
      (2) An inspector or investigator may at all reasonable times—
      (a) require entry to relevant premises, and
      (b) remain there for such period as he thinks necessary for the purpose mentioned in subsection (1)(b).
      (3) Relevant premises are premises which the inspector or investigator believes are used (wholly or partly) for the purposes of the company's business.
      (4) In exercising his powers under subsection (2), an inspector or investigator may be accompanied by such other persons as he thinks appropriate.
      (5) A person who intentionally obstructs a person lawfully acting under subsection (2) or (4) commits a contravention of these Regulations and shall be liable to a fine of up to level 5.
      (6) An inspector is a person appointed under section 893, 894 or 901.
      (7) An investigator is a person authorised for the purposes of section 910.

    • 919. Power to enter and remain on premises: procedural

      (1) This section applies for the purposes of section 918.
      (2) The requirements of subsection (3) must be complied with at the time an inspector or investigator seeks to enter relevant premises under section 918.
      (3) The requirements are—
      (a) the inspector or investigator must produce evidence of his identity and evidence of his appointment or authorisation (as the case may be),
      (b) any person accompanying the inspector or investigator must produce evidence of his identity.
      (4) The inspector or investigator must, as soon as practicable after obtaining entry, give to an appropriate recipient a written statement containing such information as to—
      (a) the powers of the investigator or inspector (as the case may be) under section 918,
      (b) the rights and obligations of the company, occupier and the persons present on the premises,
      as may be prescribed by rules made by the Registrar.
      (5) If during the time the inspector or investigator is on the premises there is no person present who appears to him to be an appropriate recipient for the purposes of subsection (8), the inspector or investigator must as soon as reasonably practicable send to the company—
      (a) a notice of the fact and time that the visit took place, and
      (b) the statement mentioned in subsection (4).
      (6) As soon as reasonably practicable after exercising his powers under section 918, the inspector or investigator must prepare a written record of the visit and—
      (a) if requested to do so by the company he must give it a copy of the record,
      (b) in a case where the company is not the sole occupier of the premises, if requested to do so by an occupier he must give the occupier a copy of the record.
      (7) The written record must contain such information as may be prescribed by regulations.
      (8) If the inspector or investigator thinks that the company is the sole occupier of the premises an appropriate recipient is a person who is present on the premises and who appears to the inspector or investigator to be—
      (a) an officer of the company, or
      (b) a person otherwise engaged in the business of the company if the inspector or investigator thinks that no officer of the company is present on the premises.
      (9) If the inspector or investigator thinks that the company is not the occupier or sole occupier of the premises an appropriate recipient is—
      (a) a person who is an appropriate recipient for the purposes of subsection (8), and (if different)
      (b) a person who is present on the premises and who appears to the inspector or investigator to be an occupier of the premises or otherwise in charge of them.

    • 920. Failure to comply with certain requirements

      (1) This section applies if a person fails to comply with a requirement imposed by an inspector, the Registrar or an investigator in pursuance of either of the following provisions—
      (2) The inspector, Registrar or investigator (as the case may be) may certify the fact in writing to the Court.
      (3) If, after hearing—
      (a) any witnesses who may be produced against or on behalf of the alleged offender,
      (b) any statement which may be offered in defence,
      the Court is satisfied that the offender failed without reasonable excuse to comply with the requirement, it may deal with him as if he had committed contempt of the Court.

    • 921. Contraventions by bodies corporate

      Where a contravention of these Regulations occurs under any of sections 912, 914 and 918, is committed by a body corporate, every officer of the body who is in default also commits the contravention.

      For this purpose—

      (a) any person who purports to act as director, manager or secretary of the body is treated as an officer of the body, and
      (b) if the body is a company, any shadow director is treated as an officer of the company.