Former Suitability and Appropriateness Standards

CMA Decision No. 5/R of 2020 · UAE Federal

Official title
Authority’s Board of Directors' Resolution No. (05/R) of 2020 Concerning Suitability and Appropriateness Standards
Arabic title
قرار مجلس إدارة الهيئة رقم (05/ر) لسنة 2020 بشأن معايير الملاءمة والمناسبة
Instrument
CMA Decision No. 5/R of 2020
Issued by
Board of Directors of the Capital Market Authority
Jurisdiction
UAE Federal
Dates
issued 2 February 2020
Status
repealed
Repealed by
CMA Decision No. 13/Chairman of 2021
Topics
Capital markets · Licensing
Official source
legislation.uaecma.gov.ae · official text (PDF)
Full text
English official text — 10 articles, 1,591 words, from the official text
Verified
31 October 2026
Print

Board decision on suitability and appropriateness standards for licensed firms, repealed by the Regulations Manual of the Financial Activities issued by Decision No. 13/Chairman of 2021.

Summary

Decision No. 05 of 2020 required every entity licensed by the Securities and Commodities Authority to test whether a product or recommendation suited the client before dealing with a retail investor. Issued in Abu Dhabi on 2 February 2020 under Federal Law No. 4 of 2000, it took effect 30 days after publication in the Official Gazette (Article 10); Decision No. 9 of 2020, published on 31 March 2020, modified the corporate limb of the qualified investor definition. The CMA lists it as repealed by the Regulations Manual of the Financial Activities issued by Decision No. 13/Chairman of 2021, which now carries suitability and appropriateness standards for licensed bodies.

Article 1 excluded qualified investors from the standards: government bodies, regulated entities, companies meeting two of AED 75 million assets, AED 150 million revenue or AED 7 million equity, and individuals with AED 4 million net equity excluding the main home and AED 1 million annual income who declare adequate experience. Article 2 applied the decision to all Authority-licensed entities.

Article 3 required a firm recommending or executing a complex financial product to assess the client's experience, financial position, capacity to bear losses and investment objectives, and Article 4 to record this in a suitability report. Article 5 required the firm to decline where information was insufficient, tell the client whether the product was suitable, follow documented instructions if the client insisted, obtain an annual undertaking and refresh the report every three years. Articles 6 to 8 imposed a lighter appropriateness test and report where the firm only executed non-complex orders without advice. Article 9 applied the Authority's general penalties.

Who it applies to

All entities licensed by the Securities and Commodities Authority that recommended or executed transactions in financial products for clients other than qualified investors, between March 2020 and the 2021 repeal.

Contents

English official text in 10 articles. Open the full text or jump to a provision:

  1. Article 1 — Definitions [1]
  2. Article 2 — Application Scope
  3. Article 3 — The Licensed Entity that recommends or implements a Financial Complex
  4. Article 4
  5. Article 5
  6. Article 6
  7. Article 7
  8. Article 8
  9. Article 9
  10. Article 10

Key provisions

Article 1Defines qualified investor: government bodies, regulated entities, companies meeting two of AED 75 million assets, AED 150 million revenue or AED 7 million equity, and individuals with AED 4 million net equity and AED 1 million income.
Article 3Before recommending or executing a complex financial product, the firm must assess the client's experience, education, income, assets, obligations, capacity to bear losses and investment objectives.
Article 4The firm must prepare a suitability report recording the assessment, the tools used, the recommendation and the reasons the product is or is not suitable, and update it periodically.
Article 5Firm must decline without sufficient information, notify suitability, follow and document a client's insistence, take an annual undertaking, update the report every three years and produce reports to the Authority on request.
Article 6Where the firm only executes non-complex transactions without advice, it applies appropriateness standards: the client's knowledge, transaction history, education and profession, and the fit of the products and markets.
Article 8Appropriateness duties: inform the client, notify appropriateness, decline without sufficient information, document a client's insistence, retain reports and update internal procedures.

Penalties

Article 9 applied the penalties in the Authority's other decisions to breaches; the decision set no fines of its own.

In practice — how Polaris handles it

Clients sometimes ask why a UAE bank or broker sends them lengthy questionnaires before allowing them to buy structured products, or offers to classify their holding company as a qualified investor. This decision, and the suitability and appropriateness rules in the CMA rulebook that replaced it, are the reason. Polaris is not licensed by the CMA and does not advise on or sell financial products. For holding companies and family vehicles we administer, we prepare the corporate documents, audited accounts and board resolutions a licensed firm asks for when classifying the entity, and keep its UBO and AML records consistent with what was declared.

History and citations

Repealed byCMA Decision No. 13/Chairman of 2021
CitesFormer SCA Law

“Cites” and “Cited by” are built automatically from references in the full texts held in this library; they cover only instruments in the library.

Related instruments

Regulations Manual of the Financial Activities (Rulebook)

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Related Polaris services

Source and verification. This record was written from the official text published at legislation.uaecma.gov.ae, read on 31 October 2026. Quoted from that text: “Obtaining an annual undertaking from the client regarding not changing its data, updating any of those data if they are changed.”
Published for general information by Polaris Corporate Services FZ-LLC, a licensed Trust and Corporate Service Provider. It is not legal advice and does not replace the official text, which prevails in case of difference. Arabic is the authoritative language of UAE federal and emirate legislation; English translations are provided by the issuing authorities. Instruments change: check the status and the official source before relying on this page.

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