Chairman of the Authority's Board of Directors’ Resolution No. (35/Chairman) of 2019 Concerning Financial Reports on Activities Licensed by the Authority

CMA Decision No. 35/Chairman of 2019 · UAE Federal · in force

3 articles · 2,246 words · text from the official publicationOfficial source ↗ · · Print

§Preamble

The Chairman of the Authority's Board of Directors’ Decision No.

(35/ R.M) of 2019 Concerning Financial Reports on Activities Licensed by the Authority

The Chairman of the Securities and Commodities Authority, having considered,

- The Federal Law No. (4) of 2000 concerning the Emirates

Securities and Commodities Authority and Market, as amended;

- The Cabinet Resolution No. (13) of 2000 concerning the

Regulation of Functioning of the Securities and Commodities

Authority, as amended;

- The Cabinet Resolution No. (14/8W) of 2017 concerning the

Restructuring of the Securities and Commodities Authority's

Board of Directors;

- The Authority's Board of Directors’ Decision No. (157/ R) of 2005

concerning the Regulations as to Listing and Trading of

Commodities and Commodities Contracts;

- The Authority's Board of Directors’ Decision No. (48/ R) of 2008

concerning the Financial consultancy and Financial Analysis;

- The Chairman of the Authority's Board of Directors’ Decision

No. (29/ R) of 2009 concerning the Regulation of Securities

Custody Activity;

- The Authority's Board of Directors’ Decision No. (1) of 2014

concerning the Regulation for Investment Management;

- The Authority's Board of Directors’ Decision No. (27) of 2014

concerning the Regulations as to Brokerage in Securities;

- The Authority's Board of Directors’ Decision No. (11) of 2015

concerning the Regulations of Clearing Operations in

Commodities Market;

- The Chairman of Authority's Board of Directors’ Decision No. (9/

R.M) of 2016 concerning the Regulations as to Investment Funds;

- The Chairman of the Authority’s Board of Directors’ Decision

No. (22/ R.M) of 2016 concerning the Regulation of Central

Cleaning Party (CCP) Business;

- The Chairman of the Authority’s Board of Directors’ Decision

No. (3/ R.M) of 2017 concerning the Organization of Promotion

and Introduction;

- The Chairman of the Authority’s Board of Directors’ Decision

No. (4/ R.M) of 2017 concerning the Regulation of the Activity of

Administrative Services for Investment Funds;

- The Chairman of the Authority's Board of Directors’ Decision

No. (18/ R.M) of 2018 concerning the Regulations as to Licensing

Credit Rating Agencies;

- The Chairman of the Authority’s Board of Directors’ Decision

No. (19/ R.M) of 2018 concerning the Regulation of the Central

Depository Activity;

- Based on the approval of the Authority's Board of Directors in

11th meeting of the 6th term convened on 16/09/2019 A.D; and

- According to the public interest,

Has Decided:

§Article 1

The financial reports obligation for all activities licensed by the Authority shall be amended as follows:

Article (3- 11) of the Authority's Board of Directors Decision No.

(157/ R) of 2005 concerning the Regulations as to Listing and

Trading of Commodities and Commodities Contracts:

A. Interim financial reports (quarterly reports) reviewed by the

within (three months) from the end of fiscal year and signed by

the authorized signatory in the Company's Memorandum of

Association.

C. Interim reports (quarterly reports) within (45) days from the

from the end of fiscal year, which include the Company's

form designed by the Authority. Such reports shall be signed

licensed by the Authority for more than an activity or if the

licensee is a local or foreign bank, branch of a foreign bank or a

finance company.

D. Local and foreign banks, branches of the foreign banks and

finance companies shall be excluded from reports required in

paragraphs (A & B) of this Clause.

E. Any financial statements or other reports required by the

Article (9) of the Authority's Board of Directors Decision No. (48/

R) of 2008 concerning the Financial Consultancy and Financial

Analysis:

First \ (11) Provide the Authority with the following reports:

A. An annual financial report audited by the external auditor

within (three months) from the end of fiscal year and signed by

the authorized signatory in the Company's Memorandum of

Association.

B. Interim reports (quarterly reports) within (45) days from the

from the end of fiscal year, which include the Company's

licensed by the Authority for more than an activity or if the

licensee is a local bank.

C. Local banks shall be excluded from reports required in the

paragraph (A) of this Clause.

D. Any financial statements or other reports required by the

Article (7) of the Authority's Board of Directors’ Decisions No.

(29/R) of 2009 concerning the Regulation of Securities Custody

Activity

13. To provide the Authority with the following reports:

A. An annual internal Compliance Report within (three months)

from the end of the fiscal year, using the form designated by

the Authority. The report shall show the extent of compliance,

and confirm the effectiveness of the internal control system of

the Custodian.

B. Interim financial reports (quarterly reports) reviewed by the

C. An annual financial report audited by the external auditor

within (three months) from the end of fiscal year and signed by

the authorized signatory in the Company's Memorandum of

Association.

D. Interim reports (quarterly reports) within (45) days from the

from the end of fiscal year, which include the Company's

licensed by the Authority for more than an activity or if the

licensee is a local or foreign bank, branch of a foreign bank.

E. Local and foreign banks, branches of the foreign banks shall be

excluded from reports required in paragraphs (B & C) of this

Clause.

F. Any financial statements or other reports required by the

Article (11) of the Authority's Board of Directors’ Decision No. (1)

of 2014 Concerning the Regulation for Investment Management

A. Interim financial reports (quarterly reports) reviewed by the

C. ( Interim reports (quarterly reports) within (45) days from the

licensed by the Authority for more than an activity or if the

licensee is a local bank or branch of a foreign bank.

D. Local banks and branches of the foreign banks shall be

excluded from reports required in paragraphs (A & B) of this

Clause.

E. Periodic reports about the company’s activities including the

volume of funds managed with the knowledge of the company

as well as the number, names and volume of investments and

company clients' transactions in addition to money turnover

and the statement of the distribution of funds managed on

different investment tools and markets.

F. Periodic reports on the distribution of its transactions with

service providers dealt with including brokerage firms, banks

and the parties offering the service of custody for the assets

managed with its knowledge.

G. Periodic reports or upon request regarding accounts

segregation.

H. Any other financial statements and reports requested by the

Article (17) of the Authority's Board of Directors’ Decision No.

(27/R) of 2014 Concerning Brokerage in Securities

A. Monthly reports regarding transactions in Securities made for

each member of the company’s board of directors, director, the

company employees, affiliated companies, or any other

transactions that the Authority requests to include in these

reports. These reports must be submitted to the Authority

within five (5) working days from the end of the month. A copy

of these reports must be provided to the Market.

B. Interim financial reports (quarterly reports) reviewed by the

C. An annual financial report audited by the external auditor

D. ( Interim reports (quarterly reports) within (45) days from the

licensed by the Authority for more than an activity.

E. Periodic reports and upon request regarding the accounts

segregation.

F. Any other financial statements and reports requested by the

Article (10) of the Authority’s Board of Directors’ Decision No. (11)

of 2015 Regulations of Clearing Operations in Commodities

Market:

9. Provide the Authority with the following reports and documents:

A. Interim financial reports (quarterly reports) reviewed by the

C. Interim reports (quarterly reports) within (45) days from the

licensed by the Authority for more than an activity or if the

licensee is a local bank.

D. Local banks shall be excluded from reports required in the

paragraphs (A & B) of this Clause.

E. Minutes of meeting of the Board and its Committees.

F. A periodic and updated report on the equity percentage of

shareholders or clearing members who hold more than 10% of

the capital of the clearing company.

G. The details of any reciprocal operating agreements with other

clearing organizations.

H. Any other financial statements or reports requested by the

Article (16) of the Chairman of the Authority’s Board of Directors’

Decision No. (22/ R.M) of 2016 Concerning the Regulation of the

Central Clearing Party (CCP) Business.

8. Provide the Authority with the following reports and data:

A. Interim financial reports (quarterly reports) reviewed by the

C. Interim reports (quarterly reports) within (45) days from the

licensed by the Authority for more than an activity.

D. Minutes of meeting of the Board of Directors and its

committees.

E. A periodic and updated report on the equity percentage of

shareholders or clearing members who hold more than 10% of

the capital of the Central Clearing Party.

F. Any other financial statements or reports requested by the

Article (8) of the Chairman of the Authority’s Board of Directors’

Decision No. (3/ R.M) of 2017 Concerning the Organization of

Promotion and Introduction

A. Interim financial reports (Bi-annual reports) reviewed by the

external auditor within (45) days from the end of the prescribed

period and signed by the authorized signatory in the

Company's Memorandum of Association.

C. Interim periodic reports (quarterly reports) within (45) days

from the end of the quarter and an annual report within (three

months) from the end of fiscal year, which include the

Company's profits, losses and business related to the activity,

using the form designated by the Authority. Such reports shall

be signed by the director in charge of the activity if the

Company is licensed by the Authority for more than an activity

or if the licensee is a local Bank or a branch of a foreign bank.

D. Local banks and branches of the foreign banks shall be

excluded from reports required in paragraphs (A & B) of this

Clause.

E. Any other financial statements or reports required by the

Article (7) of the Chairman of the Authority's Board of Directors'

Decision No. (4/ R.M) of 2017 Concerning the Regulation of the

Activity of Administrative services for Investment Funds:

A. Interim financial reports (quarterly reports) reviewed by the

C. ( Interim reports (quarterly reports) within (45) days from the

licensed by the Authority for more than an activity or the

licensee is a local bank or branch of a foreign bank.

D. Local banks and branches of the foreign banks shall be

excluded from reports required in paragraphs (A & B) of this

Clause.

E. Monthly reports on the securities transactions of the members

of the Company's Board of Directors or director and its staff, or

subsidiaries, and any other transactions as required by the

Authority to be included in such reports, within (5) working

days from the end of the month.

F. Any other financial statements or reports required by the

Article (8) of the Chairman of the Authority’s Board of Directors’

Decision No. (18/ R.M) of 2018 Concerning the Regulations as to

Licensing Credit Rating Agencies:

A. Interim financial reports (quarterly reports) reviewed by the

C. Interim reports (quarterly reports) within (45) days from the

licensed by the Authority for more than an activity or the

licensee is a local bank or branch of a foreign bank.

D. Local banks and branches of the foreign banks shall be

excluded from reports required in paragraphs (A & B) of this

Clause.

E. Any other financial statements or reports required by the

Article (10) of the Chairman of the Authority Board of Directors’

Decision No. (19/ R.M) of 2018 Concerning the Regulation of the

Central Depository Activity:

10. Provide the Authority with the following reports and data:

A. Interim financial reports (quarterly reports) reviewed by the

C. (Interim reports (quarterly reports) within (45) days from the

licensed by the Authority for more than an activity.

D. A periodical and updated report on the equity percentages of

the shareholders who holds more than (5%) of the capital of the

Depository Centre.

E. Any other financial statements or reports required by the

§Article 2

A new clause No. (28) shall be added to Article (26) of the

Chairman of Authority’s Board of Director's Decision No. (9/ R.M)

of 2016 Concerning the Regulations as to Investment Funds as

follows:

A. Iterim financial reports (quarterly reports) reviewed by the

external auditor within (45) days from the end of the quarter and

signed by the authorized signatory in the Company's

B. An annual financial report audited by the external auditor within

(three months) from the end of the fiscal year and signed by the

authorized signatory in the Company's Memorandum of

Association.

C. Interim reports (quarterly reports) within (45) days from the end

of the quarter and an annual report within (three months) from

the end of the fiscal year, which include the Company's profits,

losses and business related to the activity, using the form

designated by the Authority. Such reports shall be signed by the

director in charge of the activity if the Company is licensed by

the Authority for more than an activity or the licensee is a local

bank or a branch of a foreign bank.

D. Local banks and branches of the foreign banks shall be excluded from reports required in paragraphs (A & B) of this Clause.

E. Any other financial statements or reports required by the

§Article 3

This Decision shall be published in the Official Gazette and shall

come into force thirty (30) days after the date of its publication.

Eng. Sultan Bin Saeed Al Mansoori Chairman of the Board of Directors

Issued in Abu Dhabi on 09/10/2019 A.D

← Record: Amendment 35/Chairman of 2019 to Listing and Trading of Commodities Regulations
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