2013-02-19
Added · Updated
Licensed Global Market Establishments must operate under valid licenses and comply with regulations, while persons require registration to conduct activities. The Courts have exclusive jurisdiction over market-related disputes, and judgments are enforceable. Confidentiality is mandatory for the Registration and Financial Services Regulations Bureaus. Prohibited goods and unlicensed financial services are banned. Violations incur fines between 5,000 and 50 million AED, or 10% of transaction value. This law repeals inconsistent provisions and is effective upon issuance.
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We, Khalifa Bin Zayed Al Nahyan, Ruler of Abu Dhabi; Having reviewed:
Law No. (1) of 1974 concerning the reorganisation of the Governmental body in the Emirate of Abu Dhabi and its amendments; Law No. (2) of 1971 concerning the National Advisory Council and its amendments; Law No. (19) of 2005 concerning Real Property as amended by Law No.(2) of 2007; Law No. (14) of 2008 concerning Abu Dhabi Accountability Authority; Federal Law No. (3) of 1987 concerning the issuance of the Penal Code and its amendments; Federal Law No. (35) of 1992 concerning the issuance of the Criminal Procedure Law and its amendments; Federal Law No. (4) of 2002 concerning criminalisation of money laundering; Federal Law No. (8) of 2004 concerning the Financial Free Zones; Federal Decree No. (15) of 2013 concerning the establishment of financial free zone in the Emirate of Abu Dhabi; The Cabinet Resolution No. (28) of 2007 concerning the Executive Regulations of Federal Law No. (8) of 2004 concerning Financial Free Zones; The Cabinet Resolution No. (4) of 2013 concerning the specification of the geographical zone of the Abu Dhabi Global Market; and Based on what was presented to and approved by the Executive Council;
Issued the following Law:
Article (1)
Definitions
In the implementation of the provisions of this law, the following words and phrases shall have the meanings corresponding thereto unless the context requires otherwise:
State: The United Arab Emirates.
Emirate: The Emirate of Abu Dhabi.
Government: The Government of Abu Dhabi.
The Executive Council: The Executive Council of the Emirate.
Global Market: The Financial Free Zone pursuant to the aforesaid Federal Decree No. (15) of 2013. Board of Directors: The Board of Directors of the Global Market. Chairman: The Chairman of the Board of Directors. Global Market's Authorities: The "Global Market's Registration Bureau", the "Financial Services Regulation Bureau" and the "Global Market's Courts", established pursuant to Article (10) of this law, and any other administration, bureau, or unit that the Board of Directors approves to establish. Financial Services: Activities and services carried out by the licensed financial Global Market Establishments. Global Market Establishments: Company, Any branch, representative office, institution entity, or project registered or licensed to operate or conduct any activity within the Global market by any of the Global market Authorities according to the provisions of this law or the Global market regulations or the executive resolutions including the licensed financial Global market Establishments. Licensed Financial Global Market Establishments: company, Any branch, institution, representative office, entity, or project registered or licensed by the Financial Services Regulations Bureau to practice Financial Services in accordance with the provisions of this law and the Global market regulations and the executive resolutions. Global Market Regulations: Any regulations or resolutions related to the Global market and issued by the Board of Directors. Executive Decisions: Bylaws, decisions, orders and instructions issued by any of the Global Market Authorities pursuant to this law or the Global Market Regulations or by resolutions and authorisations issued by the Board of Directors.
Person: Any natural or legal person.
Article (2)
Global Market
The Financial Free Zone established in the Emirate shall have an independent legal personality and enjoy full legal capacity and financial and administrative independence. It shall be affiliated with the Government and called "Abu Dhabi Global Market"
Article (3)
The objectives of the Global Market
The objectives of the Global Market are to promote the Emirate as a global financial center, to develop the economy of the Emirate and make it an attractive environment for financial investments and an effective contributor to the international financial services industry.
Article (4)
Board of Directors
The Global Market shall be managed by a Board of Directors which shall be composed of no less than five members, including the Chairman and the Vice-Chairman; their appointment and remuneration shall be determined by a resolution issued by the chairman of the Executive Council. The term of membership in the Board of Directors shall be for 5 years that are automatically renewed, unless the chairman of the Executive Council decides otherwise.
Article (5)
The Chairman
The Chairman of the Board of Directors shall be the legal representative of the Global Market.
Article (6)
The Competencies of the Board of Directors
The Board of Directors shall be the supreme authority in the Global Market. It shall lay down the general strategies and policies for the Global Market and follow up on their implementation to achieve the objectives of the Global market. It may exercise all the competencies and authorities necessary to do so, without affecting the independence of all the Global Market Authorities. It shall, in particular carry out the following:
Chief Justice and judges of the Global Market's Court, and to specify their duties, the terms of their service and their remuneration pursuant to this law and the Global Market's Regulations.
4. Form advisory committees of local and international experts for the Global Market to enable it to
achieve its objectives.
5. Establish the needed administrative bodies, sole establishments, bureau, and councils for the
realization of the objectives of the Global Market, specify their powers and duties, and to cancel, merge and restructure any of them in a manner that is in line with the Global Market's objectives. To establish and contribute in companies for any of the Global Market's Authorities within or outside the Global Market and to co-ordinate between the Global Market's Authorities without affecting the independence of these authorities.
6. Approve the Global market acquiring, owning, selling and renting real estate and movable assets,
including securities, investing inside and outside the Global Market in order to achieve its objectives in accordance with the provisions of this law and the Global Market Regulations, and opening representative offices inside and outside the Emirate to promote the Global Market objectives and its various operations and activities.
7. Lay down the procedures and controls for opening, operating and managing of the bank accounts
for the Global Market and the Global Market Authorities.
8. Obtain loans and financial facilities necessary for the Global Market and the Global Market
Authorities and provide the assets and rights of any of the same as guarantees for these loans and financial facilities in accordance with the controls laid down by the Executive Council.
9. Provide infrastructure, buildings, administrative services, security, transportation and information
technology services and any other services necessary to achieve the Global market strategies and policies.
10. Propose the establishment, operation, management and supervision of non-financial free zones in
the Emirate that may be necessary to enable the Global market to achieve its objectives, or that help the Global market or any of the Global market Authorities undertake their activities and functions, and submit the same to the Executive Council to take the appropriate decision. The Board of Directors shall determine the activities that can be carried out in those zones and issue the rules, bylaws and resolutions necessary for the registration and licensing of companies, branches and Establishments within the boundaries of those non-financial free zones.
11. Facilitate the work of the Global Market Establishments in accordance with the provisions of this
law and the Global Market Regulations including sponsoring and issuing work permits for any of the employees or workers of any of the Global Market Establishments directly or through an administration, authority or company established by the Board of Directors for this purpose.
12. Develop the relationships with other free zones and third parties inside and outside the Emirate in
order to achieve the Global market strategies and objectives and organize its operations.
Article (7)
Global Market's Financials
The financial year of the Global Market shall commence on the 1st of January and end on the 31st of December of each year, except for the first financial year which shall commence upon this law becoming effective and shall end on 31st of December of the following year.
Article (8)
Financial Resources
The resources of the Global Market shall consist of:
Article (11)
Global Market's Registration Bureau
The Global Market's Registration Bureau shall have a Head representing it before the courts and third parties. A resolution concerning his appointment and remuneration shall be issued by the Board of Directors. The Head shall be responsible for the Global Market's Registration Bureau’s work before the Board of Directors. The head of the Global Market's Registration Bureau shall assume the following tasks, functions and competencies:
Registration Bureau and submit the same to the Board of Directors for approval.
12. Open, operate and manage bank accounts for the Global Market's Registration Bureau in
accordance with the approved competencies by the Board of Directors.
13. Issue conditional permits for Persons from non-Global Market Establishments to practice any
activity within the Global Market according to the Global Market Regulations.
14. Appoint employees and terminate their services according to the applicable rules and regulations.
15. Any other competencies assigned to it by the Board of Directors or as determined by the Global
Market Regulations.
16. Issue the Executive Decisions required to carry out any of the above duties and powers.
The Head of the Global Market's Registration Bureau may delegate any of his competencies to any employee of the office. Subject to the provisions of this law and the Global Market's Regulations, the Global Market's Registration Bureau may, after obtaining the approval of the Board of Directors, delegate any of the duties or powers of the Market Registration Bureau to the other Global Market's Authorities, excluding the Global Market's Courts, and to accept a delegation of duties or powers from the Board of Directors and the other Global Market's Authorities. The Global Market's Registration Bureau shall keep confidential the information classified as confidential pursuant to the Global Market's Regulations which may be received by or disclosed to the Global Market's Registration Bureau or which may come to its notice in performance of its duties. Such information shall not be disclosed to third parties except in the cases permitted by the Global Market's Regulations.
Article (12)
The Financial Services Regulations Bureau
The Financial Services Regulations Bureau shall be solely responsible for the regulation of Financial Services and related activitiesin the Global Market. It shall also be responsible forthe competencies assigned to its pursuant to the provisions of this law and the Global Market Regulations. The Financial Services Regulations Bureau shall have a head or a board of management appointed by a resolution of the Board of Directors, such resolution shall also determine their remuneration. The head of the Financial Services Regulations Bureau or the board of management-as the case may be- shall undertake supervision of the duties and activities of the Financial Services Regulations Bureau and shall be accountable to the Board of Directors. The head of the Financial Services Regulations Bureau or the board of management- as the case may be- shall exercise the following duties and powers:
Register and license the licensed Global Market Financial Establishments according to the Global
Market Regulations.
Control and supervise licensed Global Market Financial Establishments, detect irregularities and
determine their financial penalties, in accordance with the provisions of this law and the Global Market Regulations.
Specify the infrastructure, buildings, administrative services and any other services necessary to
achieve the objectives of the Financial Services Regulations Bureau.
Formulate and approve policies, strategies and objectives related to the organization of financial
services or any other activities in accordance with the provisions of this law and the Global Market Regulations.
Prepare the necessary reports on the implementation of the strategies, policies and objectives of
the Financial Services Regulations Bureau and submit the same to the Board of Directors.
Propose draft regulations relating to the organization of the financial services and related activities
and any matter which falls within the competencies of the Financial Services Regulations Bureau and submit the same to the Board of Directors.
Propose fees and financial considerations for services rendered by the Financial Services
Regulations Bureau and submit the same to the Board of Directors.
Collect fees and financial considerations that fall within the competencies of the Financial Services
Regulations Bureau and apply the sanctions stated in the table mentioned in Article (23) of this law.
Appoint employees and terminate their services according to the applicable rules and regulations.
Conclude contracts and agreements, acquire and own movables related to the Financial Services
Regulations Bureau and dispose of the same in accordance with the Global Market Regulations.
Establish sections, individual Establishments and departments affiliated to the Financial Services
Regulations Bureau and determine their functions and commission them with any of the Office jurisdictions as stated in the Global market Regulations.
Prepare the draft annual budget and closing accounts of the Financial Services Regulations Bureau,
and submit the same to the Board of Directors for approval in preparation for submission to the Executive Council for endorsement.
Approve the financial statements and accounts of the Financial Services Regulations Bureau and
submit the same to the Board of Directors for approval.
Open, operate and manage bank accounts of the Financial Services Regulations Bureau in
accordance with the approved competencies established by the Board of Directors.
Issue conditional permits for legal persons of the non-Global Market Establishments to exercise any
of the financial services within the Global Market according to the Global Market Regulations.
Issue the necessary executive resolutions to assume any of the aforesaid functions and
competencies.
The head or the board of management of the Financial Services Regulations Bureau, as the case maybe, may delegate or outsource any of his or its powers or duties provided by this law or Global Market's Regulations to any employee of the Financial Services Regulations Bureau or to any of the entities designated by the Board of Directors. Subject to the provisions of this law and the Global Market's Regulations, the head or the board of management of the Financial Services Regulations Bureau, as the case maybe, may, after obtaining the approval of the Board of Directors, delegate any of the duties and powers of the Financial Services Regulations Bureau to the other Global Market's Authorities, excluding the Global Market's Courts, and to accept a delegation of duties or powers from the Board of Directors and the other Global Market's Authorities. The Financial Services Regulations Bureau shall keep confidential the information classified as confidential pursuant to this law and the Global Market's Regulations which may be received by or disclosed to the Financial Services Regulations Bureau or which may come to its notice in performance of its duties. Such information shall not be disclosed to third parties except in the cases permitted by the Global Market's Regulations.
Article (13)
The Global Market Courts
The Global Market Courts shall be of two degrees, first instance courts (formed of a single judge)
and courts of appeal (formed of three judges).
The Global Market's Courts shall have a Chief Justice appointed by a Board of Directors resolution
which shall become effective upon the expiry of 15 days of notifying the Chairman of the Judicial Department of such resolution and receiving no objections thereto. The remuneration of the Chief Justice shall also be determined in this resolution.
The judges of the Global Market Courts shall be appointed by resolutions issued by the Board of
Directors based on the proposal of the Chief Justice of the Global Market Courts.
The management of the Global Market's Courts, and the procedures for the litigation and
judgments and all forms of dispute resolution procedures shall be determined by a regulation issued by the Board of Directors.
The Chief Justice of the Global Market's Courts shall have the following duties and powers:
Propose draft Global Market's Regulations related to regulations of the Global Market Courts
and submit the same to the Board of Directors for approval.
Prepare and approve strategies, policies and objectives of the Global Market Courts, prepare the necessary reports on the implementation of these strategies, policies and objectives and present the same to the Board of Directors. Propose fees and financial considerations for services rendered by the Global Market Courts and present the same to the Board of Directors for approval. Prepare the draft annual budget and closing accounts for the Global Market Courts and submit the same to the Board of Directors for approval in preparation for submission to the Executive Council for endorsement. Review and approve the financial statements and accounts of the Global Market Courts and submit the same to the Board of Directors for approval. Open, operate and manage bank accounts of the Global Market Courts in accordance with the approved competencies by the Board of Directors. Appoint and employ whomsoever is deemed appropriate to assist the Global Market Courts in exercising its competencies and functions. Issue the Executive Decisions required to carry out any of the above duties and powers.
6. The Court of First Instance shall solely consider and decide on matters relating to the activities of
the Global Market according to the following:
Civil or commercial cases and disputes involving the Global Market or any of the Global Market's Authorities or any of the Global Market's Establishments; Lawsuits and civil or commercial disputes arising out of or relating to a contract or a transaction conducted in whole or in part in the Global Market or to an incident that occurred in the Global Market; Any appeal against a decision or a procedure is issued by any of the Global Market Authorities according to the Global Market Regulations. Any request which the Global Market Courts has the jurisdiction to consider under the Global Market Regulations.
7. Notwithstanding the provisions of paragraph (6) of this Article, the parties in relation to the issues
specified in the first and second paragraphs may agree in their commercial contracts and transactions to the jurisdiction of any court other than the Global Market Court of First Instance or agree to refer their disputes to arbitration.
8. The Court of Appeal shall solely have jurisdiction to consider and decide on appeals made against
the judgments and decisions issued by the Court of First Instance, and the interpretation of any articles of the Global Market laws and regulations if the Chief Justice of the Global market Courts deems necessary should be he requested to do so by the Board of Directors or whomsoever the Board of Directors authorise, or any Global Market Establishments or the Global Market Authorities.
9. Judgments of the Court of Appeal are final and may not be challenged by any method of appeal.
10. The Chief Justice shall assign one or more of the Global Market's Courts judges as execution judge.
The assigned execution judge shall have jurisdiction over execution of the judgments, decisions and orders rendered by the Global Market's Courts and arbitral awards ratified by the Global Market's Courts, and such execution shall be in accordance with the Global Market's Regulations.
11. Judgments, decisions and orders rendered by the Global Market's Courts and arbitral awards
ratified by the Global Market's Courts shall be enforced by the competent entity having jurisdiction outside the Global Market in accordance with the procedure and rules adopted by such entities, as well as any agreements for memoranda or understandings between the Board of Directors or the Global Market's Courts and those entities.
12. Judgments, decisions and orders rendered by courts, an arbitrator or arbitrators outside the Global
Market shall, upon application by the concerned party, be enforced within the Global Market in accordance with the Global Market's Regulations.
Article (14)
Licensed Global Market's Establishments
Licensed Financial Global Market Establishments shall exercise one or more of the following financial activities and services according to what is authorised in the license issued to it or under the provisions of its registration:
complimentary services.
6. Financial and monetary brokerage including prime brokerage activities.
7. Market-making through providing sale and purchase offers of all types of currencies, commodities,
metals, financial instruments, commercial paper, bonds, sukuk and derivatives.
8. Provision of Islamic financing, Islamic Banking and related activities.
9. Establishment, creation, operation, management and marketing of assets, funds, investment funds,
pension funds, collective investment funds, hedge funds and all other types of investment funds and portfolios, trust and fiduciary services, discretionary and non-discretionary asset management and all activities relating thereto.
10. Custody, settlement, clearing and depository activities and services.
11. Financing projects and providing capital for companies and establishments in all fields of
investment.
12. Transportation and shipping including sea, air, and rail shipping. In addition to the clearance of
commodities, metals, and all other logistics relating thereto, within the scope of matters relating to the activities and businesses that will be licensed in the Global Market, orthat will enable the Global Market to realize its objectives.
13. Selling, buying and issuing of shares, bonds, sukuk, other financial instruments, financial products
of all types, currencies, commodities, metals of all kinds and derivatives including any of its related future contracts and options, borrowing against offering any of it as security to provide liquidity and enable all other activities and services relating to the money market.
14. Providing, owning, managing and operating of financial market infrastructure services, including
the provision of trading platforms, clearing services, custody, settlement and depository services for securities, metals, commodities and financial derivatives of all types.
15. Owning, managing and operating exchanges and financial markets for shares, bonds,
currencies, sukuk, securities, metals, commodities, forward and future contracts, options and derivatives, of all types.
16. Without prejudice to the provisions of the Federal Law No. (8) of 2004, insurance, re-insurance
and insurance brokerage services including property, life and casualty insurance and other kinds of insurance and any other related services.
17. Financial, investment and banking advisory services.
18. Auditing, accounting and legal services and any other services ancillary to financial and banking
businesses and activities.
This applies to any of the companies, branches and Establishments, and their workers and projects licensed or authorised to operate in the non-financial free zones which are established or supervised by the Board of Directors in accordance with the provisions of this law.
Article (19)
Ownership Immunity
that require a permit, license or registration from any of the Global Market Authorities except after obtaining the permit or license or completion of the relevant registration or if this Person is allowed to undertake the activity in question without having to obtain a license or permit or special registration in accordance with the Global Market Regulations, any resolutions issued by the Board of Directors or any of the Global Market Authorities.
4. The Global Market shall be deemed to be the place to enter into and execute concluded
contracts with any of the Global Market's Establishments relating to the activities thereof, and shall be exclusively subject to the provisions of this law and the regulations of the Global Market's Regulations, unless the parties to a contract agree otherwise provided that such an agreement does not contradict with the Global Market's Regulations and the Executive Decisions.
5. The Global Market's Establishments may conduct meetings to offer, promote and market its
products and services in the Emirate provided that such establishments refrain from making any public offers or promotions in the Emirate. Public and private offers and promotions in the Global Market shall be pursuant to the Global Market's Regulations.
6. Subject to Paragraph (4) of this Article, documents signed by a person who was, at the time of
signing such documents, within the Emirate but outside the Global Market will not be valid contracts with any of Global Market's Establishments unless such documents are signed by the relevant Global Market's Establishment in the Global Market.
7. Without prejudice to the provisions of Federal Law No. (8) of 2004 concerning Financial Free
Zones referred to, the Global Market, the Global Market's Authorities, the Global Market's Establishments, and their employees and their delegates shall not be governed, in relation to matters within the jurisdiction of the Global Market or the Board of Directors, by the laws of the Emirate and the regulations and resolutions of any local government body, except as may be provided by a special provision in the Global Market's Regulations.
8. The Emirate, the Government, the Global Market, the Board of Directors, the Global Market's
Authorities, the heads of the Global Market's Authorities, the Chief Justice and the judges of the Global Market's Courts, members of the board of management of the Global Market's Authorities administration or bureaus, or the employees appointed by any of them, and their delegates, shall not be liable to third parties for any act or omission committed in relation to carrying out their duties and powers identified by this law, or the Global Market's Regulations.
9. In order to achieve their objectives, the Global Market and the Global Market Authorities may
build cooperative and coordination relationships with third parties inside and outside the Emirate. To this end, they may conclude agreements, contracts and memoranda of understanding.
10. It shall not be permissible for any Global Market's Establishment to assign any license issued
to it except with the approval of the Board of Directors.
11. No Person may carry out any commercial, economic or professional activity or any other
activity within the Global Market unless registered with the Market Registration Bureau. However, Persons licensed by the Abu Dhabi Economic Development Department prior to the effective date of this law to carry out economic, commercial or professional activity within the geographical area of the Global Market shall be permitted to maintain these licences and continue to carry out such activities specified in the licences issued by the Abu Dhabi Economic Development Department and shall not be subject to the provisions of this law or the Global Market's Regulations unless they surrender their Abu Dhabi Economic Development Department licences and obtain a licence from the Board of Directors or any of the Global Market's Authorities.
12. All transactions relating to the transfer of ownership of land located within the geographical
boundaries of the Global Market shall be governed by the real estate laws of the Emirate and all its implementing resolutions.
Article (23)
Administrative Penalties and Fines
Any Person who carries out any commercial or financial activity contrary to the provisions of this law or the Global Market's Regulations shall be punishable with a fine of not less than 5000 United Arab Emirates Dirhams and not exceeding the higher of 50 million United Arab Emirates Dirhams and 10% of the value of the relevant transaction. The Board of Directors shall issue a schedule of contraventions and fines applicable thereto provided always that such fines shall not exceed the maximum specified in the previous paragraph of this Article. The Board of Directors may introduce, amend, remove any of the contraventions stipulated in the referenced schedule. The schedule shall include the contraventions that would be committed by the Global Market's Establishments and the applicable administrative sanctions which would apply to such Global Market's Establishments including the issuance of a notice and a warning, the suspension of the licence or its withdrawal. The Global Market's Authorities shall be authorised to implement the fines and administrative sanctions specified in the schedule referred to above.
Article (24)
Any text or provision contrary to or inconsistent with the provisions of this law shall be repealed.
Article (25)
This law shall be published in the Official Gazette and effective from the date of its issuance. Khalifa Bin Zayed Al Nahyan Ruler of Abu Dhabi Issued by us in Abu Dhabi Date: 19 February 2013 Corresponding to:
9 Rabeea’ Al-Akhir 1434 Hijri
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Amended 1 time · last 2020-04-23
Source: Financial Services Regulatory Authority — original document · Summary generated with machine assistance and reviewed before publication; the authoritative text is the regulator's original document. How RegAlert works
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