3. Applications for licence (additional information for branch registration)

Past version: effective from 23/04/2018 - 22/04/2018
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(1) In addition to the information set out in Rule 2 a non-ADGM body corporate applying for a licence and to register a branch must provide to the Registrar the following information on the form prescribed by the Registrar from time to time—
(a) if the applicant is registered in its jurisdiction of incorporation, the number under which it is registered;
(b) a list of the applicant’s directors and partners, as applicable, and the information required by paragraph (3);
(c) the applicant’s corporate objects or any other limitation on its legal capacity, if any;
(d) in respect of the branch, the extent of the powers of the directors, officers and partners to represent the applicant in dealings with third parties and in legal proceedings, together with a statement as to whether they may act severally or must act jointly and, if jointly, the name of any other person concerned;
(e) the full names and addresses of any shareholders of the applicant, including 4 evidence acceptable to the Registrar, except if the applicant is a listed entity; and
(f) a statement of the financial reporting obligations to which the applicant is subject under the laws of the applicant’s jurisdiction of incorporation, including the period for which the non-ADGM body corporate is required by law to prepare accounts and reports, the period allowed for their preparation and whether such accounts and reports are required by law to be publicly available free of charge.
(2) An applicant for a licence that is a non-ADGM body corporate must also provide the following documents to the Registrar—
(a) either—
i. if the applicant is registered in its jurisdiction of incorporation and the registry in which the applicant is so registered issues certificates of good standing to registered bodies corporate that are in good standing, a certificate of good standing in respect of the applicant issued by such registry and dated no more than three months prior to the date on which the application for a licence is made; or;
ii. in other cases, such evidence as the Registrar may require that the applicant is in good standing in its jurisdiction of incorporation;
(b) a certified copy of the applicant’s certificate of incorporation and any certificate amending the applicant’s certificate of incorporation;
(c) a certified copy of the applicant’s constitutional documents; and
(d) a certified copy (acceptable to the Registrar) of the applicant’s most recent accounts and reports, including a balance sheet, profit and loss account and (if the applicant is required by applicable law to have an auditor audit its accounts and reports) the auditor’s statement thereon; or
(e) if the applicant is not required by applicable law to prepare financial statements and reports thereon (including an auditor’s report) such other evidence of financial credit worthiness as the Registrar may require,
together with, if any of the above documents are wholly or partly written in a language other than English, translations into English certified by a translator acceptable to the Registrar.
(3) The particulars referred to in paragraph (1)(b) are—
(a) in the case of an individual—
i. name;
ii. any former name;
iii. a service address;
iv. usual residential address (should the registrar require)
v. the country or state in which the individual is usually resident;
vi. nationality;
vii. business occupation (if any);
viii. date of birth; and
ix. date of appointment,
(b) in the case of a body corporate—
i. corporate or firm name;
ii. registered or principal office;
iii. the legal form of the body corporate and the law by which it is governed;
iv. if applicable, the register in which it is entered (including details of the jurisdiction) and its registration number in that register; and
v. date of appointment.