PART 3 PART 3 REGISTER OF BENEFICIAL OWNERS OF LEGAL PERSONS
11. Register of Beneficial Owners of Legal Persons and security of information(1) The Registrar shall establish the Register which shall be kept in such form as the Registrar thinks fit and may, without limitation, be kept in electronic form.(2) Information shall be submitted to the Registrar by all ADGM Persons pursuant to sections 4, 5 and 13 of these Regulations, for inclusion in the Register.(3) The Registrar shall take all reasonable steps to ensure the confidentiality and security of the Register and of information kept on the Register, and of other information disclosed to him under these Regulations or under any other enactment, and (subject to subsection (3) and sections 12 and 13) shall not disclose to any other person the Register or any part of it, or information or documents obtained by him or disclosed to him, other than as permitted in section 12.(4) The Registrar shall, on application being made to him in such form as he may specify, and having taken all reasonable steps to verify the identity of the applicant, disclose to a person any information on the Register directly relating to that person only.
12. Disclosure of information by the Registrar(1) Subject to the provisions of the regulatory legislation, information obtained by the Registrar:(a) under these Regulations or any other enactment; or(b) in connection with the carrying out of any of the Registrar’s functions, may only be disclosed in accordance with section 967 of the Companies Regulations which shall apply to Parts 2 and 3 of these Regulations, and such section shall apply irrespective of whether the beneficial owner is a company subject to the Companies Regulations.(2) Any person may request from the Registrar, on payment to the Registrar of such fee as may be prescribed by the Board, to be provided with a certificate confirming the identity of the beneficial owners of an ADGM Person as identified in the Register, subject to the Registrar receiving prior written consent of the ADGM Person concerned.
13. Power of Registrar to request and obtain information and documents(1) The Registrar may, by notice in writing served on an ADGM Person (or its officers or directors), require him to submit to the Registrar in such form and manner, at such times or intervals, at such place and in respect of such periods as may be specified in the notice, with such information as the Registrar may reasonably require for the performance of his functions under these Regulations.(2) The Registrar may, by notice in writing served on an ADGM Person:(a) require him to produce, in such form and manner, within such time and at such place as may be specified in the notice, such information or documents of such description as may be so specified;(b) require him to furnish, to any of the Registrar’s officers, servants or agents authorised for the purposes of this paragraph, on production of evidence of such authority, such information and documents or information and documents of such description as the officer, servant or agent may specify, either forthwith or within such time, and at such place, and in such form and manner, as may be so specified, for the purposes of their inspecting them; being information or documents reasonably required by the Registrar for the performance of his functions under these Regulations.(3) The powers conferred by this paragraph to require an ADGM Person to produce any documents include the power:(a) if the documents are produced, to take copies of them or extracts from them, in circumstances where the Registrar is satisfied that the taking of such copies or extracts is necessary for the proper exercise of powers under or in relation to Part 4 (Offences, Fines & Enforcement) of these Regulations; and(b) if the documents are not produced, to require the ADGM Person who was required to produce them to state, to the best of his knowledge and belief, where they are.(4) Nothing in this section 13 shall restrict the powers of the Registrar as prescribed under section 901 of the Companies Regulations.
14. Submission of information to the Registrar(1) Information required to be submitted to the Registrar when requested under these Regulations or any other enactment shall be in such form as may be specified by the Registrar.(2) Where a person claims a lien on a document, its production under these Regulations is without prejudice to his lien.(3) Subject to section 16, information shall only be retained by the Registrar for so long as appears to the Registrar reasonably necessary for the purposes for which the information was delivered to the Registrar.
15. General power of Registrar to reject applications
Notwithstanding that the Registrar is not bound to enquire further as to whether the provisions of these Regulations or any other enactment have been complied with, the Registrar may reject any submission, or other matter submitted to him, on such terms and conditions as he thinks fit, if it appears to him that the provisions of these Regulations or any other enactment in respect of that submission or other matter have not been complied with.
16. Retention of information on the Register after dissolution, etc
In the case of an ADGM Person that has been dissolved, terminated or struck off, the Registrar shall retain on the Register information relating to that legal person as at the date of its dissolution, termination or striking off (as the case may be) for the minimum retention period after that date.