961. Material not available for public inspection
Past version: effective from 29/04/2020 - 28/04/2020
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(1) The following material must not be made available by the Registrar for public inspection–
(a) subject to sub-section (2) and (3), any document filed with the Registrar by a restricted scope company or investment company that is not subject to the enhanced disclosure requirements,
(b) protected information within section 228(1) (directors’ residential addresses: restriction on disclosure by Registrar),
(c) representations received by the Registrar in response to a notice under section 235(2) (notice of proposal to put director’s usual residential address on the public record),
(d) any document or notice (other than a final notice issued under section 253) filed or prepared by the Registrar under chapter 9 (Disqualification of Directors) of Part 10,
(e) any application to the Registrar under section 889 (application for administrative restoration to the register) that has not yet been determined or was not successful,
(f) any document received by the Registrar in connection with the giving or withdrawal of consent under section 949 (informal correction of documents),
(g) any application or other document delivered to the Registrar under section 962 (application to make address unavailable for public inspection) and any address in respect of which such an application is successful,
(h) any application or other document delivered to the Registrar under section 970 (application for rectification of register),
(i) any Court order under section 971 (rectification of the register under Court order) that the Court has directed under section 972 (powers of Court on ordering removal of material from the register) is not to be made available for public inspection,
(j) any e-mail address, identification code or password deriving from a document delivered for the purpose of authorising or facilitating electronic filing procedures or providing information by telephone,
(k) any other material excluded from public inspection by or under any other law or regulation applicable in the Abu Dhabi Global Market.
(2) A restricted scope company or investment company may at any time request in writing that the Registrar make available to specified person(s) or to the public some or all of the documents it has filed with the Registrar (a “disclosure request”). The disclosure request must specify:
(a) the person(s) entitled to such disclosure (or, if the disclosure is intended to be made to the public, a statement to that effect), and
(b) the documents to be so disclosed (or, if the disclosure relates to all filings made by the restricted scope company or investment company, as the case may be, a statement to that effect).
(3) Upon receipt of a disclosure request complying with sub-section (2) the Registrar shall make the documents specified in the disclosure notice available to the persons specified in the disclosure notice using such means as it sees fit.
(4) A restriction applying by reference to material deriving from a particular description of document does not affect the availability for public inspection of the same information contained in material derived from another description of document in relation to which no such restriction applies.
(5) Material to which this section applies need not be retained by the Registrar for longer than appears to the Registrar reasonably necessary for the purposes for which the material was delivered to the Registrar.