642
Articles
21
Chapters
DFSA
Issuing authority
2023
Effective since
AI
Cited answers from article text
DFSA Collective Investment Rules (CIR) is one of the rulebooks issued by the Dubai Financial Services Authority. For compliance officers, legal teams, and advisors working under this regime, finding the right article quickly matters. Lexara indexes the full text of DFSA CIR and makes it searchable two ways: full-text and keyword search for rapid lookup, and AI Explorer for natural-language questions answered with citations to the exact article. This rulebook was last amended 1 January 2025.
642 articles in 21 chapters, each with a plain-English summary by Arakan. The full text of every article is in the Laws Browser.
1.1.5(2)1.1 Application
Establish governance oversight so Directors/Partners charged with managing the Fund actively monitor and ensure the Fund's compliance with all applicable CIR obligations.
5.1.25.1 General
Apply the full AML/CDD/monitoring framework under the AML module to Unitholders and prospective Unitholders of each Fund administered.
5.1.35.1 General
Implement controls preventing the Fund Administrator from holding or controlling client money/assets outside the two permitted exceptions, including a maximum 3-business-day cheque-holding rule and a compliant restricted bank mandate where used.
5.1.4(1)5.1 General
Execute and maintain an App1-compliant Delegation Agreement with the Fund Manager/Trustee for every Domestic Fund administered (non-QIF).
5.1.5(1)5.1 General
Put in place a documented SLA with the Foreign Fund's fund manager specifying scope of services and applicable service standards before administration begins.
5.1.5(2)5.1 General
Include a contractual sub-delegation approval clause in every Foreign Fund SLA and operate a sub-delegate approval workflow requiring fund manager sign-off before any sub-delegation.
5.1.5(3)5.1 General
Build a post-termination records-retention clause into the SLA and a corresponding offboarding procedure to preserve all delegated-activity records upon contract termination.
5.1.65.1 General
Maintain a complete, transaction-level record-keeping system covering every fund administration activity/function performed for each Fund and its Unitholders.
5.1.7(a)5.1 General
Ensure record-keeping systems produce sufficient detail/audit trail to demonstrate to the Governing Body that prepared accounts meet CIR and other applicable legislative requirements.
5.1.7(b)5.1 General
Implement a minimum 6-year retention policy and archiving system for all fund administration records.
5.1.7(c)5.1 General
Maintain records in a state and location that allows prompt access for inspection by the DFSA, the Fund's Auditor, and oversight function holders on request.
5.1.7(d)5.1 General
Maintain the capability to reproduce any requested record in hard copy, in English, within 3 days of a DFSA request.
6.1.2(a)6.1 Requirements for External Fund Managers
Verify and document that the External Fund Manager holds appropriate regulatory authorisation/status in a Recognised (or DFSA-acceptable) Jurisdiction before and throughout the appointment.
6.1.2(b)6.1 Requirements for External Fund Managers
Obtain a signed AFN declaration submitting to DIFC law and DIFC Courts' jurisdiction before/at the point of appointment as External Fund Manager.
6.1.3(1)(a)6.1 Requirements for External Fund Managers
Complete appointment of a DFSA-licensed Fund Administrator or Trustee prior to launching any Unit offer.
6.1.3(1)(b)6.1 Requirements for External Fund Managers
Formalise in the appointment agreement that the Appointed FA/Trustee acts as agent for DFSA and Unitholder dealings, and notify relevant parties of that agency arrangement.
6.1.3(1)(c)6.1 Requirements for External Fund Managers
Grant the Appointed FA/Trustee, via the appointment agreement, all powers needed to perform Unit issue/resale/redemption and pricing, Unitholder reporting, and access to the Constitution, Prospectus, Unitholder register and books/records, all from a DIFC place of business.
6.1.3(3)6.1 Requirements for External Fund Managers
Establish ongoing monitoring to confirm the External Fund Manager continues to satisfy the Article 20(5) criteria.
6.1.46.1 Requirements for External Fund Managers
Implement a control to prevent any External Fund Manager from being onboarded onto, or using, a Fund Platform (ICC structure).
6.1.56.1 Requirements for External Fund Managers
Implement a screening control preventing an External Fund Manager from being appointed to, or continuing to manage, any Domestic Fund classified as a Credit Fund.
6.2.2(a)6.2 Requirements for External Funds
Design and maintain systems and controls specifically tailored to ensure the External Fund's compliance with its home-jurisdiction regulatory requirements.
6.2.2(b)6.2 Requirements for External Funds
Submit a notification to the DFSA identifying the External Fund's jurisdiction of establishment/domicile and describing the applicable host-jurisdiction regulatory requirements.
6.2.36.2 Requirements for External Funds
Implement a control preventing management of an External Credit Fund unless it is structured/classified as a Qualified Investor Fund.
6A.1.36A.1 Using a Fund Platform
Establish governance/oversight arrangements over the ICC's activities equivalent to direct accountability, since the Fund Manager bears full legal responsibility for ICC acts/omissions.
6A.1.4(a)6A.1 Using a Fund Platform
Assess and maintain ICC infrastructure (systems, staffing, controls) sufficient for the type/specialist class of each Fund established as an Incorporated Cell.
6A.1.4(b)6A.1 Using a Fund Platform
Implement scope-of-activity controls ensuring the ICC only performs activities within the Fund Manager's licensed authorisation for each Fund on the platform.
6A.1.4(c)6A.1 Using a Fund Platform
Implement controls confirming ICC services are provided exclusively to Funds constituted as Incorporated Cells of that ICC, with documented functional separation for any shared resources used for other Funds.
6A.1.4(d)6A.1 Using a Fund Platform
Maintain up-to-date procedures and records for each Incorporated Cell Fund evidencing ICC activities performed and compliance with all applicable Fund-type/specialist-class requirements, available for DFSA review.
6A.1.56A.1 Using a Fund Platform
Structure board composition or veto rights for the ICC/each Incorporated Cell to ensure the Fund Manager retains control, via director majority or a documented veto mechanism.
6A.1.66A.1 Using a Fund Platform
Implement a control ensuring only natural persons (not corporate entities) are appointed as Directors of any Incorporated Cell Fund on the platform.
7.1.2(1)(a)7.1 Application
Constitution drafting/review checklist mapped to Appendix 5 disclosure requirements.
7.1.2(1)(b)7.1 Application
Legal review confirming no prejudicial provisions in the Constitution.
7.1.2(2)7.1 Application
Constitution maintenance and version-control / alteration procedure.
7.1.3(1)7.1 Application
Pre-issuance impact assessment of new/additional Unit class rights.
7.1.3(2)7.1 Application
Pre-issuance check against Constitution/Prospectus limits and a prejudice assessment.
7.1.3(3)7.1 Application
Trustee pre-execution compliance check on Fund Manager unit-issuance instructions.
7.1.47.1 Application
Fund/Sub-Fund/Unit-class naming due-diligence (name-clearance) check prior to use.
7.1.5(a)7.1 Application
Guarantor due-diligence pack (authority and financial resources evidence) submitted to the DFSA.
7.1.5(b)7.1 Application
Prospectus disclosure drafting/review covering guarantee terms and exclusions.
8.1A.2(1)(a)8.1A Corporate Director
Board composition control ensuring no directors other than the Corporate Director.
8.1A.2(1)(b)8.1A Corporate Director
Articles of Association review/drafting to include the enabling appointment provision.
8.1A.2(2)(a)8.1A Corporate Director
Ongoing monitoring control confirming continued compliance with 8.1A.2(1)(a)/(b).
8.1A.2(2)(b)8.1A Corporate Director
Maintain valid DIFC company registration for the Corporate Director.
8.1A.2(2)(c)8.1A Corporate Director
Minimum-director-count control for the Corporate Director.
8.1A.2(2)(d)8.1A Corporate Director
Restriction control preventing the Corporate Director from acting for other Funds or Persons.
8.2.1(1)8.2 Duties in relation to Fund Property
Pre-trade/investment compliance check against Constitution and Prospectus investment restrictions.
8.2.1(2)8.2 Duties in relation to Fund Property
Trade/transaction execution and booking control ensuring correct Fund/Sub-Fund allocation and documentation.
8.2.1(3)8.2 Duties in relation to Fund Property
Pre-instruction compliance check before issuing instructions to the Trustee.
8.2.2(1)8.2 Duties in relation to Fund Property
Fund Property safekeeping oversight framework/policy.
8.2.2(2)(a)8.2 Duties in relation to Fund Property
Eligible Custodian appointment and due-diligence process.
8.2.2(2)(b)8.2 Duties in relation to Fund Property
Delegation-procedure compliance checklist per section 8.12.
8.2.2(3)(c)8.2 Duties in relation to Fund Property
Asset segregation/identification arrangement for infrastructure-type Fund Property.
8.2.2(4)8.2 Duties in relation to Fund Property
Crypto Token custody control ensuring no exemption is applied to Crypto Token holdings.
8.2.3(a)8.2 Duties in relation to Fund Property
Trust deed / custody arrangement confirming the Trustee's safekeeping role, with Fund Manager oversight of performance.
8.2.3(b)8.2 Duties in relation to Fund Property
Legal title registration verification for Fund Property held by the Trustee.
8.2.3(c)8.2 Duties in relation to Fund Property
Instruction-compliance gatekeeping control prior to Trustee execution.
8.2.58.2 Duties in relation to Fund Property
Enhanced custodian eligibility check against FPR Rule 6.5.3 for passported Public Funds.
8.2.6(1)(b)8.2 Duties in relation to Fund Property
Crypto-custodian due-diligence and determination process.
8.2.6(2)8.2 Duties in relation to Fund Property
Standardised Crypto-custodian due-diligence questionnaire covering all six mandatory factors.
8.3.1(1)8.3 Conflicts of interest
Conflicts-of-interest policy and pre-transaction conflict screening for Fund Property dealings.
8.3.1(2)8.3 Conflicts of interest
Conflict disclosure notice to Unitholders.
8.3.1(3)8.3 Conflicts of interest
Fund-specific remuneration policy aligned with the risk management framework.
8.3.2(1)8.3 Conflicts of interest
Related Party Transaction (RPT) approval gate preventing non-compliant transactions.
8.3.2(2)8.3 Conflicts of interest
Arm's-length terms benchmarking analysis for each Related Party Transaction.
8.3.2(3)(a)8.3 Conflicts of interest
Unitholder RPT circular preparation and distribution.
8.3.2(3)(b)8.3 Conflicts of interest
Unitholder resolution process for material RPTs meeting the 5% NAV threshold.
8.3.2(4)(a)8.3 Conflicts of interest
Post-meeting voting-results notice to Unitholders.
8.3.2(4)(b)8.3 Conflicts of interest
RPT disclosure and certification section in interim/annual reports.
8.3.2(4)(c)8.3 Conflicts of interest
Annual-report RPT aggregate disclosure section.
8.3.3(a)8.3 Conflicts of interest
Best execution policy and monitoring for Fund trades.
8.3.3(b)8.3 Conflicts of interest
Trade allocation policy and periodic allocation testing.
8.3.3(c)8.3 Conflicts of interest
Portfolio turnover monitoring against the stated investment objective.
8.3.3(d)8.3 Conflicts of interest
Underwriting arrangement best-interest review and approval.
8.4.1(1)(a)8.4 Valuation of Fund Property
Valuation schedule/calendar appropriate to the Fund type.
8.4.1(1)(b)8.4 Valuation of Fund Property
Per-Unit-class valuation preparation process.
8.4.1(1)(c)8.4 Valuation of Fund Property
Unit price publication process.
8.4.1(2)8.4 Valuation of Fund Property
Valuation calculation methodology incorporating expense and borrowing deductions.
8.4.1(3)8.4 Valuation of Fund Property
Valuation methodology alignment with the Constitution/Prospectus.
8.4.1(4)8.4 Valuation of Fund Property
Valuation calculation rule excluding acquisition/disposal charges from asset value.
8.4.1(5)8.4 Valuation of Fund Property
Dilution levy/adjustment governance control (Prospectus authorisation check plus fair-application methodology).
8.4.2(1)(a)8.4 Valuation of Fund Property
Units-in-issue vs. register reconciliation control at each valuation point.
8.4.2(1)(b)8.4 Valuation of Fund Property
Self-dealing/benefit conflict-prevention control within the valuation and pricing processes.
8.4.2(2)8.4 Valuation of Fund Property
Valuation error correction and reimbursement procedure.
8.4.2(3)(a)8.4 Valuation of Fund Property
Trustee notification procedure for valuation errors.
8.4.2(3)(b)8.4 Valuation of Fund Property
Trustee oversight and notification control over Fund Manager valuation compliance.
8.6.1(1)8.6 Issue and redemption of Fund Units
Maintain continuous subscription/dealing capacity during each dealing day and a documented, non-discriminatory basis for accepting or refusing subscription requests.
8.6.1(2)8.6 Issue and redemption of Fund Units
Maintain continuous redemption capacity during each dealing day and a documented fair-treatment policy governing redemption execution.
8.6.1(3)8.6 Issue and redemption of Fund Units
Pay redemption proceeds in full within the constitution/Prospectus-specified settlement period, with any withholding formally justified and documented.
8.6A.1(1)8.6A Systems and controls for liquidity risk management in Open-ended Funds
Maintain an ongoing liquidity adequacy assessment for each Open-ended Domestic Fund calibrated to its redemption terms, asset class and risk profile.
8.6A.1(2)(a)8.6A Systems and controls for liquidity risk management in Open-ended Funds
Document and maintain liquidity buffer levels, illiquid-asset limits, and any standby funding facilities (e.g. credit lines) within the liquidity risk management policy.
8.6A.1(2)(b)8.6A Systems and controls for liquidity risk management in Open-ended Funds
Incorporate asset-class liquidity profiling, market liquidity data, and investor redemption behaviour analysis into the liquidity risk framework.
8.6A.1(2)(c)8.6A Systems and controls for liquidity risk management in Open-ended Funds
Implement periodic liquidity stress testing and monitoring mechanisms, with documented escalation/remediation procedures for identified gaps.
8.6A.1(2)(d)8.6A Systems and controls for liquidity risk management in Open-ended Funds
Document a liquidity stress management toolkit (anti-dilution levies, side-pocketing, redemption gates/suspension powers) with defined activation triggers and governance sign-off procedures.
8.6B.1(1)8.6B Confirmation notes
Generate and dispatch a Transaction confirmation note to the Unitholder within 2 business days of execution.
8.6B.1(2)8.6B Confirmation notes
Build and maintain a confirmation note template that captures all prescribed data fields for every subscription/redemption Transaction.
8.7.1(1)8.7 Unitholder register
Establish and operate a Unitholder register for each Domestic Fund.
8.7.1(2)8.7 Unitholder register
Ensure the register template/system captures Unitholder identity, unit class holdings (including fractions) and registration date for every entry.
8.7.1(3)8.7 Unitholder register
Implement reconciliation and update controls to keep the Unitholder register accurate and current.
8.7.1(4)8.7 Unitholder register
Provide a facility (physical or electronic) at a DIFC location for Unitholders to inspect the register during normal business hours.
8.7.1(5)8.7 Unitholder register
Confirm the Trustee maintains and makes available a compliant Unitholder register for Investment Trust-structured Funds.
8.8.18.8 Meetings of Unitholders
Schedule and hold at least two Governing Body meetings per rolling 12-month period from Fund registration.
8.8.2(1)8.8 Meetings of Unitholders
Schedule and convene an annual general meeting of Unitholders within each 12-month cycle (and within 12 months of registration for a Public Fund).
8.8.2(2)8.8 Meetings of Unitholders
Prepare the annual report and table it as an agenda item at the AGM.
8.8.3(1)(b)8.8 Meetings of Unitholders
Establish a process to receive, validate and act immediately on Unitholder requisitions for a general meeting.
8.8.48.8 Meetings of Unitholders
Follow the Constitution/Prospectus-specified meeting requirements for Exempt Fund Unitholder meetings.
8.8.5(1)8.8 Meetings of Unitholders
Draft and maintain a Unitholder meetings procedures manual covering all prescribed topics.
8.8.5(2)8.8 Meetings of Unitholders
Cross-check the meetings procedures manual against DFSA CIR App2 and remove/correct any inconsistent provisions.
8.8.5(3)8.8 Meetings of Unitholders
Distribute the current meetings procedures manual to all Unitholders (and upon subsequent updates).
8.8.5(4)8.8 Meetings of Unitholders
Submit the meetings procedures manual to the Trustee for prior written approval before adoption/amendment.
8.9.1(a)8.9 Approvals and notifications
Identify proposed changes that qualify as 'fundamental' under App3 and obtain prior Unitholder approval before implementation.
8.9.1(b)8.9 Approvals and notifications
Identify proposed 'significant' changes under App3 and issue pre-event notification to Unitholders within the required timeframe before implementation.
8.9.1(c)8.9 Approvals and notifications
Identify 'notifiable' changes under App3 and issue post-notification to Unitholders after implementation.
8.10.1(1)8.10 Maintenance of records
Maintain a comprehensive recordkeeping framework evidencing compliance with all CIR obligations.
8.10.1(2)8.10 Maintenance of records
Maintain a 6-year record of the Fund Manager's own Unit holdings/acquisitions/disposals by class.
8.10.1(3)8.10 Maintenance of records
Provide a documented process to give the DFSA/Trustee/Custodian free, prompt access to and copies of records on request.
8.10.1(4)8.10 Maintenance of records
Maintain a 6-year record of dilution levy/adjustment calculations and the underlying policy/methodology for each instance applied.
8.11.1(1)8.11 Capital
Monitor Fund capital against the Constitution-stated minimum and trigger an immediate DFSA notification if it is breached.
8.11.1(2)8.11 Capital
Prepare a notification package containing either the viability rationale plus supporting Unitholder resolution, or the Fund wind-up plan.
8.12.1(a)8.12 Delegation and outsourcing
Ensure legal title to Fund Property is registered in the name of/with the appointed Eligible Custodian.
8.12.2(2)8.12 Delegation and outsourcing
Verify and document the prospective Fund Administration delegate's regulatory status/authorisation before finalising delegation.
8.12.2(3)8.12 Delegation and outsourcing
Verify and document the prospective investment manager delegate's regulatory authorisation before finalising delegation.
8.12.3(1)8.12 Delegation and outsourcing
Review and provide (or withhold) prior written consent before the Trustee delegates Fund Administration or Custody functions.
8.12.3(2)8.12 Delegation and outsourcing
Confirm, as part of the Fund Manager's consent/oversight role, that the Trustee's proposed Fund Administration delegate meets the eligibility criteria.
8.12.3(3)8.12 Delegation and outsourcing
Confirm, as part of the Fund Manager's consent/oversight role, that the Trustee's proposed custody delegate is an Eligible Custodian.
8.12.4(1)(a)8.12 Delegation and outsourcing
Complete and document formal due diligence on any proposed delegate before executing a delegation.
8.12.4(1)(b)8.12 Delegation and outsourcing
Execute a written Delegation Agreement meeting GEN Ch.5/App1 requirements for every delegation.
8.12.5(1)(a)8.12 Delegation and outsourcing
Apply GEN Ch.5 outsourcing requirements to every function outsourced.
8.12.5(1)(b)8.12 Delegation and outsourcing
Execute a written Outsourcing Agreement meeting App1 requirements for every outsourced function.
8.12.5(1)(c)8.12 Delegation and outsourcing
Complete and document due diligence establishing the proposed outsourcing provider's suitability before contracting.
8.12.68.12 Delegation and outsourcing
Implement an ongoing Service Provider oversight/monitoring framework (KPIs, reporting, escalation) for every delegated/outsourced arrangement.
8.12.7(1)8.12 Delegation and outsourcing
Conduct a formal 6-monthly Service Provider performance review and present findings to the Governing Body/Trustee.
8.12.7(2)-(3)8.12 Delegation and outsourcing
Establish an incident process to remediate Service Provider agreement breaches immediately and assess/execute DFSA and governance notification.
8.13.1(1)8.13 Fees, charges and other levies
Restrict all issue/sale charges and levies to those permitted by the Constitution and Prospectus.
8.13.1(2)8.13 Fees, charges and other levies
Ensure any preliminary/redemption charge applied is both Constitution-permitted and structured as a fixed amount or percentage of Unit price.
8.13.1(3)8.13 Fees, charges and other levies
Cap the preliminary charge applied at the rate/amount disclosed in the current Prospectus for each Unit class.
8.13.2(1)8.13 Fees, charges and other levies
Limit all Fund Manager remuneration/reimbursement from Fund Property to Constitution-permitted, Prospectus-disclosed terms.
8.13.2(2)8.13 Fees, charges and other levies
Issue 90 days' written notice to Unitholders before implementing any fee increase within existing Constitution/Prospectus parameters.
8.13.38.13 Fees, charges and other levies
Obtain Unitholder Special Resolution approval and provide 90 days' notice before introducing a new remuneration category or an out-of-parameter fee increase.
8.13.4(1)8.13 Fees, charges and other levies
Validate all payments to the Trustee/Custodian/oversight providers against Prospectus-disclosed remuneration terms or properly incurred expense criteria before payment.
8.13.4(2)8.13 Fees, charges and other levies
Confirm Constitution authority before releasing any disclosed remuneration payment to the Trustee/Custodian/oversight provider.
8.13.58.13 Fees, charges and other levies
Restrict any promotional payment/performance fee to the Fund Manager to Constitution-permitted, Prospectus-disclosed arrangements.
8.13.68.13 Fees, charges and other levies
Ensure any amortisation of Fund set-up/initial offer costs does not exceed a five-year period.
8.13.7(2)8.13 Fees, charges and other levies
Confirm Constitution authority and adequate Prospectus disclosure before allocating any charge/expense to capital or income account.
8.13.98.13 Fees, charges and other levies
Assess and document Constitution permissibility and adequacy of provisioning before paying any post-transfer liability out of Fund Property.
9.2.1(1)9.2 Preparation of Fund financial statements
Prepare annual financial statements for each Fund for every financial year.
9.2.1(2)9.2 Preparation of Fund financial statements
Adopt and apply IFRS (or USGAAP plus SORP) as the accounting framework for all Fund financial statements.
9.2.29.2 Preparation of Fund financial statements
Maintain complete, up-to-date Accounting Records supporting ongoing and year-end financial position disclosure.
9.2.39.2 Preparation of Fund financial statements
Structure and maintain Accounting Records in a form that enables governance/oversight bodies to verify legislative compliance of financial statements.
9.2.4(a)9.2 Preparation of Fund financial statements
Implement a minimum six-year retention policy for all Fund Accounting Records.
9.2.4(b)9.2 Preparation of Fund financial statements
Maintain Accounting Records in a state of readiness for inspection by the DFSA or Registered Auditor at any reasonable time.
9.2.4(c)9.2 Preparation of Fund financial statements
Ensure systems/processes can produce hard-copy English-language reproductions of Accounting Records within 3 business days of any request.
9.3.1(a)9.3 Auditors of a Fund
Submit DFSA notification (via AFN) of Registered Auditor appointment.
9.3.1(b)9.3 Auditors of a Fund
Conduct and document due diligence on prospective Registered Auditor's skills/resources/experience prior to appointment.
9.3.1(c)9.3 Auditors of a Fund
Verify and continuously monitor the Registered Auditor's DFSA registration status.
9.3.29.3 Auditors of a Fund
File immediate DFSA notification upon auditor termination/resignation.
9.3.39.3 Auditors of a Fund
Identify and appoint a replacement Registered Auditor promptly upon any vacancy.
9.3.4(1)9.3 Auditors of a Fund
Assess and maintain Registered Auditor independence and conflict-of-interest controls.
9.3.4(2)9.3 Auditors of a Fund
Notify DFSA immediately upon identifying a loss of auditor independence or a conflict of interest.
9.3.5(a)9.3 Auditors of a Fund
Establish a process for timely provision of requested information to the Registered Auditor.
9.3.5(b)9.3 Auditors of a Fund
Grant the Registered Auditor timely access to relevant records/systems.
9.3.5(c)9.3 Auditors of a Fund
Permit and facilitate copying of records by the Registered Auditor.
9.3.5(d)9.3 Auditors of a Fund
Implement controls/training to prevent interference with the auditor's work.
9.3.5(e)9.3 Auditors of a Fund
Establish an escalation channel for reporting significant financial matters to the Registered Auditor.
9.3.5(f)9.3 Auditors of a Fund
Maintain capacity to fulfil ad hoc reasonable requests for assistance from the Registered Auditor.
9.3.69.3 Auditors of a Fund
Ensure, via oversight of the Trustee where appointed, that the Trustee's cooperation obligations to the Registered Auditor under 9.3.5 are fulfilled.
9.3.79.3 Auditors of a Fund
Include Registered Auditor cooperation clauses in all delegation/outsourcing agreements.
9.3.8(a)9.3 Auditors of a Fund
Formalise (in writing/engagement letter) the requirement that the Registered Auditor audit per IAASB standards.
9.3.8(b)9.3 Auditors of a Fund
Ensure engagement terms require delivery of a Fund Auditor's Report compliant with AUD App6 for each audit.
9.4.1(1)9.4 Periodic Reports
Produce one annual report and one interim report per Fund per relevant period.
9.4.1(2)-(3)9.4 Periodic Reports
Assess each QIF interim period for material changes and produce an interim report only if a material change occurred.
9.4.2(1)(a)9.4 Periodic Reports
Complete and issue the annual report within a 4-month deadline after the Fund's year-end.
9.4.2(1)(b)9.4 Periodic Reports
Complete and issue the interim report within a 2-month deadline after the interim period end.
9.4.2(3)9.4 Periodic Reports
Obtain DFSA prior approval before adopting the Fund Manager's own reporting periods for Fund reports/financial statements.
9.4.2(5)(a)9.4 Periodic Reports
Obtain the Registered Auditor's written confirmation of no significant distortion before changing the Fund's accounting period.
9.4.2(5)(b)9.4 Periodic Reports
Obtain DFSA prior consent before implementing any change to the Fund's accounting period.
9.4.2(6)9.4 Periodic Reports
Prepare interim reports at Sub-Fund level for Umbrella Funds.
9.4.2(7)9.4 Periodic Reports
Ensure annual/interim report financial content is prepared under the same accounting framework required by Rule 9.2.1.
9.4.2(8)(a)9.4 Periodic Reports
Distribute reports to all Unitholders at no cost.
9.4.2(8)(b)9.4 Periodic Reports
Ensure all reports are produced/available in the English language.
9.4.2(8)(c)9.4 Periodic Reports
Submit each annual and interim report to the DFSA upon issuance.
9.4.2(8)(d)9.4 Periodic Reports
Make Public Fund reports available for free public inspection at a designated location during office hours.
9.4.3(a)9.4 Periodic Reports
Include Fund name, investment objectives, policy and risk profile assessment in every report.
9.4.3(b)9.4 Periodic Reports
Include an investment activities/performance review section in each report.
9.4.3(c)9.4 Periodic Reports
Include portfolio composition and change-over-period disclosure in each report.
9.4.3(d)9.4 Periodic Reports
Assess and include any other material information relevant to Unitholders' informed judgment in each report.
9.4.4(a)9.4 Periodic Reports
Calculate and disclose the Fund's TER in each interim report.
9.4.4(b)9.4 Periodic Reports
Collate and disclose material issues raised by the Custodian/Trustee/investment committee/oversight persons in the interim report.
9.4.4(c)9.4 Periodic Reports
Incorporate all Rule 9.4.9 Fund Manager's report matters into the interim report.
9.4.5(a)9.4 Periodic Reports
Include the complete audited financial statements in the annual report.
9.4.5(b)9.4 Periodic Reports
Include the Fund Auditor's Report in the annual report.
9.4.5(c)9.4 Periodic Reports
Include the Fund Manager's report (per 9.4.9 content requirements) in the annual report.
9.4.5(d)9.4 Periodic Reports
Include the Rule 9.4.10 comparative table in the annual report of any Public Fund.
9.4.5(e)9.4 Periodic Reports
Include the Oversight report in the annual report of any Public Fund.
9.4.6(a)(i)9.4 Periodic Reports
Include full audited financial statements for each Sub-Fund in the Umbrella Fund's annual report.
9.4.6(a)(ii)9.4 Periodic Reports
Include a Fund Manager's report (per 9.4.9) for each Sub-Fund in the Umbrella Fund's annual report.
9.4.6(a)(iii)9.4 Periodic Reports
Include a comparative table per Sub-Fund in the Public Umbrella Fund's annual report.
9.4.6(b)9.4 Periodic Reports
Prepare and include an aggregated financial statement combining all Sub-Funds' figures.
9.4.6(c)9.4 Periodic Reports
Include the Fund Auditor's Report in the Umbrella Fund annual report.
9.4.6(d)9.4 Periodic Reports
Include the Oversight Report in the Public Umbrella Fund's annual report.
9.4.7(1)9.4 Periodic Reports
Obtain and include the investment committee's report in the annual report where an investment committee is required.
9.4.7(2)9.4 Periodic Reports
Obtain and include the Eligible Custodian's report in the annual report of any Hedge Fund.
9.4.89.4 Periodic Reports
Verify financial statements present a true and fair view before issuance.
9.4.9(a)9.4 Periodic Reports
Include a restatement of investment objectives in every Fund Manager's report.
9.4.9(b)9.4 Periodic Reports
Include a restatement of investment policy in every Fund Manager's report.
9.4.9(c)9.4 Periodic Reports
Include a period investment activities review in every Fund Manager's report.
9.4.9(d)9.4 Periodic Reports
Disclose particulars of any fundamental changes approved by Unitholders since the last report.
9.4.9(e)9.4 Periodic Reports
Disclose particulars of any significant changes subject to pre-event notification since the last report.
9.4.9(f)9.4 Periodic Reports
Assess and include any other material information relevant to Unitholders' informed judgement in the Fund Manager's report.
9.4.9(g)9.4 Periodic Reports
Provide Sub-Fund-specific disclosure of 9.4.9 matters where they differ from the Umbrella Fund-level disclosure.
9.4.9(h)9.4 Periodic Reports
Calculate and disclose maximum management fee proportions (Fund-level and underlying Fund-level) for fund-of-funds structures.
9.4.10(a)9.4 Periodic Reports
Compile a five-year (or since-inception) performance record showing high/low Unit prices and net income distributed/allocated per class.
9.4.10(b)9.4 Periodic Reports
Compile three-year NAV, NAV-per-Unit and Units-in-issue data for the comparative table.
9.4.10(c)9.4 Periodic Reports
Identify and disclose material size-affecting events or investment objective changes within the comparative table's covered period.
9.6.19.6 Periodic Fund Return
Complete and file a Periodic Fund Return for every Domestic Fund managed.
9.6.2(a)9.6 Periodic Fund Return
Submit the H1 Periodic Fund Return by the 31 July deadline.
9.6.2(b)9.6 Periodic Fund Return
Submit the H2 Periodic Fund Return by the 31 January deadline.
9.6.39.6 Periodic Fund Return
Submit a Periodic Fund Return for any DFSA-directed alternative period within one month of that period's end.
10.2.1(1)10.2 Registration of Public Funds
Submit Public Fund registration application to the DFSA (jointly with Trustee if an Investment Trust).
10.2.1(2)10.2 Registration of Public Funds
Complete and file the prescribed AFN registration forms.
10.2.1(3)10.2 Registration of Public Funds
Obtain and file legal adviser certification covering Constitution compliance, Prospectus compliance, and (where relevant) External Fund Manager requirements.
10.2.2(b)10.2 Registration of Public Funds
Respond to DFSA information requests raised during the registration review.
10.3.110.3 Oversight arrangements for Public Funds
Appoint and maintain a compliant oversight arrangement (Oversight Committee or Eligible Custodian/Trustee) for each Public Fund.
10.3.2(2)10.3 Oversight arrangements for Public Funds
Conduct and document a suitability due-diligence assessment for each prospective Oversight Committee member.
10.3.2(3)10.3 Oversight arrangements for Public Funds
Conduct and document suitability due diligence on the responsible individuals within the appointed Custodian/Trustee.
10.3.2(4)10.3 Oversight arrangements for Public Funds
Execute a written oversight appointment agreement with the required express provisions for each appointment.
10.3.2(5)10.3 Oversight arrangements for Public Funds
Respond to DFSA requests for information on oversight appointments.
10.3.3(1)10.3 Oversight arrangements for Public Funds
Implement an ongoing monitoring process for continued suitability of oversight function appointees.
10.3.3(2)10.3 Oversight arrangements for Public Funds
Dismiss and replace an unsuitable/incapacitated oversight appointee within 21 days.
10.3.3(3)10.3 Oversight arrangements for Public Funds
Appoint a compliant replacement oversight appointee within 60 days of a vacancy.
10.3.3(5)10.3 Oversight arrangements for Public Funds
File a notification to the DFSA (and Trustee where applicable) explaining the cessation/replacement of an oversight appointee.
10.3.4(a)10.3 Oversight arrangements for Public Funds
Implement and operate an oversight monitoring programme covering Constitution/Prospectus compliance, Licence conditions and External Fund Manager requirements.
10.3.4(b)10.3 Oversight arrangements for Public Funds
Perform periodic assessments of the Fund Manager's risk management and compliance systems and controls.
10.3.4(c)10.3 Oversight arrangements for Public Funds
Issue prompt oversight findings reports to the Fund Manager on identified/suspected breaches or inadequacies.
10.3.4(d)10.3 Oversight arrangements for Public Funds
Escalate unremedied, materially adverse matters to the DFSA within the prescribed 30-day framework.
10.3.510.3 Oversight arrangements for Public Funds
Establish oversight provider governance/meeting procedures (charter, meeting cadence, minute-keeping) enabling effective discharge of oversight duties.
10.3.710.3 Oversight arrangements for Public Funds
Apply an integrity/fair-dealing standard and operate a conflict-of-interest disclosure process for oversight individuals.
10.3.810.3 Oversight arrangements for Public Funds
Ensure oversight individuals apply due skill, care and diligence standards in performing oversight duties.
10.3.910.3 Oversight arrangements for Public Funds
Ensure oversight individuals observe proper market conduct standards.
10.3.1010.3 Oversight arrangements for Public Funds
Ensure oversight individuals maintain open, co-operative dealings with the DFSA and make appropriate disclosures.
10.3.11(1)(a)10.3 Oversight arrangements for Public Funds
Design and maintain systems and controls that provide oversight persons with the resources and information access needed for effective monitoring.
10.3.11(1)(b)10.3 Oversight arrangements for Public Funds
Establish an escalation channel from the oversight provider to the Fund Manager's Governing Body/relevant committee.
10.3.11(2)(a)10.3 Oversight arrangements for Public Funds
Grant the Compliance Officer unrestricted access to oversight persons and their reports/recommendations.
10.3.11(2)(b)10.3 Oversight arrangements for Public Funds
Implement a remediation-tracking process for matters reported by the oversight provider, requiring the oversight provider's sign-off on satisfactory resolution.
10.3.11(2)(c)10.3 Oversight arrangements for Public Funds
Ensure the oversight provider retains an unimpeded, documented pathway to report unremedied breaches directly to the DFSA.
10.3.11(3)10.3 Oversight arrangements for Public Funds
Obtain the oversight provider's approval of monitoring/reporting processes before they are put into operation.
10.3.12(1)10.3 Oversight arrangements for Public Funds
Produce and present a quarterly oversight adequacy report at the Fund Manager's board meeting.
10.3.12(2)10.3 Oversight arrangements for Public Funds
Distribute the Fund's internal audit report and compliance reports to the oversight provider and Governing Body promptly upon availability.
10.3.1310.3 Oversight arrangements for Public Funds
Prepare the annual oversight report for inclusion in the Fund's annual report to Unitholders, covering the required content.
10.3.14(a)10.3 Oversight arrangements for Public Funds
Ensure staff provide requested assistance to the oversight provider on request.
10.3.14(b)10.3 Oversight arrangements for Public Funds
Grant the oversight provider ongoing access rights to relevant Fund records and information.
10.3.14(c)10.3 Oversight arrangements for Public Funds
Prohibit and prevent staff interference with the oversight provider's ability to discharge its duties.
10.3.14(d)10.3 Oversight arrangements for Public Funds
Ensure information provided to the oversight provider is accurate and not misleading.
10.3.14(e)10.3 Oversight arrangements for Public Funds
Operate an internal escalation channel for staff to report significant financial-position matters or breaches to the oversight provider.
10.3.15(a)10.3 Oversight arrangements for Public Funds
Maintain a retained file of oversight-appointee due diligence records.
10.3.15(b)10.3 Oversight arrangements for Public Funds
Maintain a retained log of oversight-reported matters and associated remediation actions.
10.5.210.5 Investment and borrowing requirements for Public Funds
Maintain and evidence an investment risk-spread process consistent with the Prospectus-stated objectives/policy.
10.5.3(1)10.5 Investment and borrowing requirements for Public Funds
Implement pre-trade/investment compliance controls preventing use or investment of Fund Property in breach of section 10.5 limits.
10.5.3(2)-(3)10.5 Investment and borrowing requirements for Public Funds
Trigger immediate, self-funded breach rectification upon detection of a section 10.5 breach (or as soon as practicable if immediate action would harm Unitholders).
10.5.3(4)10.5 Investment and borrowing requirements for Public Funds
Obtain oversight provider consent before postponing any breach-rectification action.
10.5.410.5 Investment and borrowing requirements for Public Funds
Perform and document pre-investment due diligence on any target fund against the four Rule 10.5.4 criteria before investing.
10.5.5(1)10.5 Investment and borrowing requirements for Public Funds
Monitor and enforce a Derivatives exposure limit capped at the Fund's net asset value.
10.5.5(2)10.5 Investment and borrowing requirements for Public Funds
Implement a Derivatives risk-measurement and monitoring framework appropriate to the Fund's risk profile.
10.5.6(2)10.5 Investment and borrowing requirements for Public Funds
Implement ongoing collateral valuation monitoring for stock lending arrangements to ensure adequate coverage.
10.5.7(2)10.5 Investment and borrowing requirements for Public Funds
Monitor daily Fund borrowing against the 20% NAV cap and maintain repayment arrangements to preserve compliance.
10.5.7(3)10.5 Investment and borrowing requirements for Public Funds
Trigger immediate remediation upon a borrowing-limit breach.
10.5.810.5 Investment and borrowing requirements for Public Funds
Appoint an oversight-approved, qualified Valuer before any Real Property investment and upon any Valuer vacancy.
10.5.9(1)10.5 Investment and borrowing requirements for Public Funds
Commission full physical-inspection valuations of Fund real property at least annually (including internal inspection for buildings).
10.5.9(3)10.5 Investment and borrowing requirements for Public Funds
Commission a review-based valuation update at least every 12 months between full valuations.
10.5.9(4)10.5 Investment and borrowing requirements for Public Funds
Trigger a fresh Valuer consultation/valuation before processing Unit issuance or redemption following a materially valuation-relevant event.
10.5.9(5)10.5 Investment and borrowing requirements for Public Funds
Ensure Valuer engagement terms mandate valuation on the Constitution/Prospectus-defined 'open market value' basis.
12.1.1(2)12.1 Meeting the conditions to be classified as an Exempt Fund
Implement ongoing controls verifying the Exempt Fund's continued eligibility (private placement, Professional Client investors only, US$50,000 minimum subscription).
12.1.1(3)12.1 Meeting the conditions to be classified as an Exempt Fund
Impose and monitor distributor/sub-placement controls to prevent breaches of Exempt Fund eligibility criteria by third-party distributors.
12.1.1(4)(a)12.1 Meeting the conditions to be classified as an Exempt Fund
Trigger immediate winding-up or Public Fund re-registration process upon identifying non-compliance with Exempt Fund eligibility criteria.
12.1.1(4)(b)12.1 Meeting the conditions to be classified as an Exempt Fund
File a DFSA notification detailing the eligibility failure and the remediation measures taken/proposed.
12.1.1(5)12.1 Meeting the conditions to be classified as an Exempt Fund
Appoint a qualifying Fund Administrator or regulated valuation provider for the Exempt Fund's valuation function.
12.1.212.1 Meeting the conditions to be classified as an Exempt Fund
Compile and submit the prescribed additional content items with the Article 34 DFSA notification.
12A.1.1(2)12A.1 Meeting the conditions to be classified as a Qualified Investor Fund
Implement ongoing controls verifying the QIF's continued eligibility (private placement, Professional Client investors only, US$500,000 minimum initial subscription).
12A.1.1(3)12A.1 Meeting the conditions to be classified as a Qualified Investor Fund
Impose and monitor distributor/sub-placement controls to prevent breaches of QIF eligibility conditions by third-party distributors.
12A.1.1(4)(a)12A.1 Meeting the conditions to be classified as a Qualified Investor Fund
Trigger immediate winding-up or reclassification (Exempt Fund/Public Fund) process upon identifying non-compliance with QIF eligibility conditions.
12A.1.1(4)(b)12A.1 Meeting the conditions to be classified as a Qualified Investor Fund
File a DFSA notification detailing the eligibility failure and the remediation measures taken/proposed.
12A.3.1(1)12A.3 Custody of Fund Property
Ensure Fund Property legal title is registered with an appointed Eligible Custodian (unless exempt under Rule 12A.3.1(2)).
12A.3.1(3)12A.3 Custody of Fund Property
Establish and maintain insolvency-remoteness arrangements (segregation/ring-fencing) for self-held or ICC-held Fund Property.
12A.3.1(4)12A.3 Custody of Fund Property
Ensure any Crypto Token Fund Property is held exclusively by an appointed Eligible Custodian, with no reliance on the Rule 12A.3.1(2) exemptions.
13.1.1A(1)13.1A Fund of Funds
Maintain an investment restriction/screening control preventing the Fund of Funds from acquiring Units in prohibited fund types.
13.1.1A(2)13.1A Fund of Funds
Implement a concentration-limit monitoring control on underlying fund holdings (25% cap per Fund).
13.2.1(1)13.2 Feeder Funds
Restrict Feeder Fund holdings to Units/Debentures of one approved Master Fund and document the Master Fund designation.
13.2.1(2)13.2 Feeder Funds
Perform and document a Master Fund eligibility assessment against the four criteria prior to investing.
13.2.213.2 Feeder Funds
Complete a Master Fund due diligence and disclosure checklist covering regulatory status, oversight, disclosure and fee waiver before onboarding.
13.2.3(a)13.2 Feeder Funds
Obtain written confirmation/fee waiver from the related Master Fund manager that no subscription/redemption fees apply.
13.2.3(b)13.2 Feeder Funds
Establish a control to identify and pass through any commissions/rebates received from the related Master Fund into the Feeder Fund's assets.
13.3.1(2)13.3 Private Equity Funds
Convene a Unitholder meeting and hold an election for at least three independent investment committee members.
13.3.1(3)13.3 Private Equity Funds
Define and document the investment committee's terms of reference restricting members to an investment-review role only.
13.3.2(a)13.3 Private Equity Funds
Implement a 25% single-venture concentration limit control in the investment monitoring system.
13.3.2(b)13.3 Private Equity Funds
Screen prospective portfolio companies for Related Party status and apply the Rule 8.3.2 approval process where applicable.
13.3.313.3 Private Equity Funds
Complete a documented due diligence assessment (including corporate governance review) for each prospective venture.
13.3.413.3 Private Equity Funds
Establish board-appointee conflict management protocols (reporting lines, conflicts register, governance training) for nominee directors.
13.4.1(1)13.4 Property Funds
Confirm and document the Fund's Closed-ended structure at establishment (unless the Exempt Fund/QIF exemption applies).
13.4.1(2)(a)13.4 Property Funds
Confirm the Fund's legal vehicle is restricted to an Investment Company or Investment Trust at structuring stage.
13.4.1(2)(b)13.4 Property Funds
Track and manage the listing timeline against the 3-year (or shorter Prospectus-stated) deadline and execute the listing application.
13.4.1(2)(c)13.4 Property Funds
Draft and include specific Constitution clauses addressing Closed-ended issue/redemption mechanics and Private Placement circumstances.
13.4.1(3)(a)13.4 Property Funds
Complete Public Company registration for the Fund before/at the point such listing intention is stated.
13.4.1(3)(b)13.4 Property Funds
Track the 3-year listing deadline from registration date and execute the listing.
13.4.1(3)(c)13.4 Property Funds
Implement a Public-Fund-equivalent compliance program for the pre-listing Fund (excluding oversight function and Public Prospectus requirements).
13.4.2(1)13.4 Property Funds
Implement and document self-custody arrangements, segregation/protection systems and insolvency-remoteness arrangements for Real Property.
13.4.2(2)13.4 Property Funds
Document designated custody-safeguarding roles, segregation of duties and a conflicts register covering the self-custody function.
13.4.2A13.4 Property Funds
Implement and document insolvency-remoteness arrangements supporting self-custody for the Exempt Property Fund.
13.4.2B(2)13.4 Property Funds
Design alternative custody arrangements that preserve Trustee control (where applicable) and avoid unfettered Fund Manager control, aligned with the joint-ownership/SPV rules.
13.4.2B(3)13.4 Property Funds
Prepare and submit a DFSA notification/application demonstrating legal effectiveness of the alternative custody arrangement.
13.4.3(1)13.4 Property Funds
Convene a Unitholder meeting and election process for at least three independent investment committee members (where applicable).
13.4.3(3)13.4 Property Funds
Document committee terms of reference restricting the role to investment-opportunity review only.
13.4.4(1)13.4 Property Funds
Implement an asset-composition monitoring control enforcing the permitted asset categories and the 40% cash/securities cap.
13.4.4(3)(a)13.4 Property Funds
Establish a periodic investment committee review process for unlisted Property Related Assets covering liquidity and valuation.
13.4.4(3)(b)13.4 Property Funds
Implement a contractual review control to prevent the granting of purchase options over Fund property.
13.4.4(4)13.4 Property Funds
Verify and document good and marketable title for each Real Property acquisition, including majority-control confirmation for joint holdings.
13.4.4(5)13.4 Property Funds
Ensure Prospectus disclosure or obtain Unitholder Special Resolution approval before/when using Islamic financing structures affecting legal title.
13.4.4(6)13.4 Property Funds
Arrange and maintain adequate property and public liability insurance policies for all Real Property held by the Fund.
13.4.5(1)13.4 Property Funds
Implement a borrowing-limit monitoring control calculating aggregate borrowings against 65% of gross asset value.
13.4.5(3)(a)13.4 Property Funds
Prepare and issue a borrowing-breach notification to the Trustee, Unitholders and DFSA detailing magnitude, cause and rectification plan.
13.4.5(3)(b)13.4 Property Funds
Execute a debt-reduction plan to bring borrowings back within the 65% limit as quickly as reasonably possible.
13.4.5(4)13.4 Property Funds
Verify and document that borrowing terms are on arm's-length commercial terms before execution.
13.4.5(5)13.4 Property Funds
Consolidate SPV-level borrowings into the Fund-level borrowing limit calculation.
13.4.613.4 Property Funds
Verify and monitor that the Fund's ownership/control percentage in each jointly-owned property remains above 50% at all times.
13.4.7(1)(a)13.4 Property Funds
Prepare a documented Unitholder-interest justification analysis for each joint ownership investment.
13.4.7(1)(b)/(2)13.4 Property Funds
Commission a legal opinion addressing all required content elements before completing each joint ownership investment.
13.4.8(a)13.4 Property Funds
Perform and document a due diligence assessment of ownership restrictions/constraints before each joint ownership acquisition.
13.4.8(b)13.4 Property Funds
Verify contractual liability caps aligned to ownership percentage and confirm no unlimited liability clauses exist before entering the arrangement.
13.4.913.4 Property Funds
Prepare comprehensive Unitholder disclosure materials covering all required joint-ownership content elements.
13.4.10(1)13.4 Property Funds
Verify and document majority ownership/control of each SPV used to hold Real Property before establishment/acquisition.
13.4.10(2)13.4 Property Funds
Confirm SPV structure charts limit property holding to a maximum of two SPV tiers.
13.4.10(3)(a)13.4 Property Funds
Conduct a compliance review of each SPV's constitutional documents and activities against the Property Fund Rules.
13.4.10(3)(b)13.4 Property Funds
Implement a documented SPV board-appointment approval process involving the Trustee/oversight function and investment committee.
13.4.10(3)(c)13.4 Property Funds
Ensure common Auditor appointment and consistent accounting policies across the Fund and all its SPVs.
13.4.11(a)/(b)13.4 Property Funds
Commission an Auditor's report meeting the specified profit/loss, balance sheet and subsidiary-coverage requirements before completing the SPV acquisition.
13.4.11(c)13.4 Property Funds
Commission a compliant valuation report on the SPV's Real Property interest before completing the acquisition.
13.4.11A(1)13.4 Property Funds
Obtain and retain prior written confirmations from the oversight provider and investment committee before relying on the RPT exclusion for each transaction.
13.4.11A(2)13.4 Property Funds
Present and obtain the general RPT-exclusion ordinary resolution at each AGM to maintain continuous authorisation.
13.4.11A(3)13.4 Property Funds
Issue a post-transaction written notification to Unitholders detailing the Related Party transaction.
13.4.12(1)13.4 Property Funds
Maintain and periodically disclose a Related Party beneficial-interest and conflicts-of-interest register to Unitholders/Trustee.
13.4.13(1)13.4 Property Funds
Prepare and issue a competing-interest disclosure covering the Undertaking description, independence statement and potential acquisition disclosure.
13.4.13(2)13.4 Property Funds
Monitor for changes to competing-interest disclosures and issue updated disclosure communications when changes occur.
13.4.1413.4 Property Funds
Include the independent valuation report and transaction price/terms in the Fund's Prospectus for any founder Related Party property sale.
13.4.15(1)13.4 Property Funds
Benchmark Related Party deposit interest rates against prevailing commercial rates before and during placement.
13.4.15(2)13.4 Property Funds
Benchmark Related Party borrowing interest rates against prevailing commercial rates before drawdown.
13.4.16(2)13.4 Property Funds
Implement a value-threshold check and oversight-provider approval gate for estate management/property agent Related Party Transactions.
13.4.18(1)13.4 Property Funds
Appoint (with Trustee approval where applicable) a qualified professional valuer for the Fund.
13.4.18(2)13.4 Property Funds
Trigger a valuation report request from the appointed valuer ahead of every property acquisition and disposal.
13.4.18(3)13.4 Property Funds
Commission an annual valuation of the Fund's property portfolio and incorporate the resulting NAV into the annual report.
13.4.1913.4 Property Funds
Perform and document an independence and competence assessment of the proposed valuer before appointment.
13.4.20(1)13.4 Property Funds
Confirm the valuer's engagement terms and instructions specify the Constitution/Prospectus-defined 'open market value' basis.
13.4.20(2)13.4 Property Funds
Verify each valuation report includes the required disposability confirmation statement.
13.4.2113.4 Property Funds
Track valuation-to-completion timelines and price variance against the 6-month/5% thresholds for each acquisition.
13.4.2213.4 Property Funds
Use a standard valuation report content checklist to confirm all required elements are addressed by the valuer.
13.4.2313.4 Property Funds
Verify the valuation report date meets the applicable timing rule before it is used for the relevant purpose (NAV, offering document, circular, or transaction agreement).
13.4.24(1)13.4 Property Funds
Track the 5-year valuer tenure and run a competitive tender process before the tenure limit is reached.
13.4.24(2)13.4 Property Funds
Draft reappointment rationale and supporting evidence disclosure for inclusion in the next Unitholder report.
13.4.24(4)13.4 Property Funds
Run a replacement valuer selection and independence/competence assessment process immediately upon vacancy.
13.5.1(1)13.5 Real Estate Investment Trusts (REITs)
Implement a marketing/offer document review control to ensure REIT terminology is only used for Funds meeting the constitution criteria.
13.5.1(3)13.5 Real Estate Investment Trusts (REITs)
Implement a breach-notification procedure for REIT distribution/eligibility failures, with DFSA and exchange notification templates.
13.5.2(1)13.5 Real Estate Investment Trusts (REITs)
Calculate audited annual net income and ensure an annual dividend distribution of at least 80% is declared and paid.
13.5.2(2)13.5 Real Estate Investment Trusts (REITs)
Establish a documented policy/decision process for the oversight function to assess treatment of revaluation surpluses and disposal gains in the net income distribution calculation.
13.5.313.5 Real Estate Investment Trusts (REITs)
Implement SPV income upstreaming procedures and monitor compliance with local law distribution restrictions.
13.5.4(1)13.5 Real Estate Investment Trusts (REITs)
Implement a pre-investment approval control requiring documented intent to hold developed property before committing to any property-under-development investment.
13.5.4(2)13.5 Real Estate Investment Trusts (REITs)
Implement a limit-monitoring control tracking aggregate contract value of properties under development against the 30% NAV cap.
13.6.113.6 Hedge Funds
Establish and maintain a Hedge Fund-specific risk management framework covering strategy risk and the roles of the Fund Administrator/Custodian/prime broker.
13.6.2(1)13.6 Hedge Funds
Implement organisational segregation of duties (reporting lines, systems access, personnel) between NAV/valuation and investment management, or delegate valuation to an independent Fund Administrator.
13.6.2(2)13.6 Hedge Funds
Maintain a contingency plan/process to appoint an independent Fund Administrator if directed by the DFSA due to inadequate functional segregation.
13.6.3(a)13.6 Hedge Funds
Verify and document Fund classification (Exempt Fund/QIF) before permitting any prime broker rehypothecation arrangement.
13.6.3(b)13.6 Hedge Funds
Draft and maintain Prospectus disclosure sections covering prime broker identity/regulation, scope of rehypothecation authority, and the prescribed health warning.
13.6.3(c)13.6 Hedge Funds
Perform and document due diligence confirming the prime broker meets Eligible Custodian criteria before appointment.
13.6.3(d)13.6 Hedge Funds
Ensure prime brokerage agreements include the 140% collateral cap and irrevocable set-off clause before execution.
13.6.3(e)13.6 Hedge Funds
Implement a daily mark-to-market valuation process for prime broker collateral exposure monitoring against the 140% limit.
13.7.1(b)13.7 Umbrella Funds
Confirm an Open-ended structure is adopted whenever an Umbrella Fund is established as a PCC.
13.7.213.7 Umbrella Funds
Implement pre-trade investment restriction controls preventing cross-investment between Sub-Funds of the same Umbrella structure.
13.8.1(1)13.8 Money Market Funds
Document and periodically review the Fund's investment strategy against the Money Market Fund investment-objective definition.
13.8.1(2)(a)13.8 Money Market Funds
Implement portfolio-level monitoring ensuring at least 90% NAV allocation to high-quality Deposits/Debentures.
13.8.1(2)(b)13.8 Money Market Funds
Monitor and maintain a minimum 10% NAV in immediately accessible cash accounts.
13.8.1(2)(c)13.8 Money Market Funds
Implement single-issuer/counterparty concentration limit monitoring at 10% of NAV.
13.8.1(2)(d)13.8 Money Market Funds
Implement pre-trade maturity/reset-date screening controls for eligible Deposits/Debentures.
13.8.1(2)(e)13.8 Money Market Funds
Calculate and monitor weighted average maturity (WAM) of the portfolio against the 6-month limit.
13.8.1(2)(f)13.8 Money Market Funds
Calculate and monitor weighted average life (WAL) of the portfolio against the 12-month limit.
13.8.1(2)(g)13.8 Money Market Funds
Implement instrument-type eligibility screening restricting the investment universe to Deposits/Debentures, permitted MMF Units, and FX-hedging Derivatives only.
13.8.1(2)(h)13.8 Money Market Funds
Implement daily borrowing-limit monitoring against the 10% NAV cap.
13.8.213.8 Money Market Funds
Implement a documented due diligence methodology/checklist assessing instrument quality across all four required factors, not solely credit ratings.
13.9.113.9 Exchange Traded Funds (ETFs)
Implement a marketing/Prospectus content review gate confirming ETF criteria are met before any 'ETF' labelling is used.
13.9.213.9 Exchange Traded Funds (ETFs)
Establish due diligence and ongoing monitoring of each Authorised Participant's systems/controls for price alignment.
13.9.313.9 Exchange Traded Funds (ETFs)
Confirm and document that the ETF investment strategy is passive index/benchmark tracking, and monitor ongoing adherence.
13.9.4(1)13.9 Exchange Traded Funds (ETFs)
Verify and document that the chosen index/benchmark provider meets App 9 Price Information Provider criteria before adoption.
13.9.513.9 Exchange Traded Funds (ETFs)
Apply Related Party Transaction approval, disclosure and monitoring procedures to any Related Party index/benchmark provider arrangement.
13.9.613.9 Exchange Traded Funds (ETFs)
Develop Prospectus/marketing content standards specifying ETF type (e.g. physical/synthetic, leveraged, index-tracking) and characteristics disclosure requirements.
13.10.113.10 Venture Capital Funds
Confirm at fund establishment that the legal vehicle is Closed-ended and structured as an Investment Company or Investment Partnership.
13.10.2(2)13.10 Venture Capital Funds
Implement asset segregation arrangements (e.g. segregated accounts, trust arrangements, legal documentation) for self-held Fund Property.
13.11.113.11 Funds investing in Investment Tokens
Implement a content-review gate confirming eligibility criteria before using investment-token-fund terminology in marketing/offer materials.
13.11.213.11 Funds investing in Investment Tokens
Verify actual/intended Fund Property composition against marketing claims regarding Investment Tokens before publication.
13.12.213.12 Credit Funds
Confirm and document the Credit Fund's legal structure, closed-ended status, and investor-type classification at establishment.
13.12.3(2)13.12 Credit Funds
Implement asset segregation arrangements for self-held Credit Fund Property.
13.12.4(1)13.12 Credit Funds
Implement a Credit Facility-type eligibility screen prohibiting letters of credit, financial guarantees, and cross-border trade finance.
13.12.513.12 Credit Funds
Implement borrower-eligibility screening/KYC checks excluding all prohibited counterparty categories before extending credit.
13.12.6(1)13.12 Credit Funds
Develop and maintain a comprehensive Credit Fund policy suite covering all ten specified areas.
13.12.6(2)13.12 Credit Funds
Implement a policy review/version-control schedule ensuring credit policies remain current and in writing.
13.12.7(a)13.12 Credit Funds
Document formal credit-granting/acquisition criteria and approval workflow.
13.12.7(b)13.12 Credit Funds
Develop an internal credit risk assessment/rating methodology independent of sole reliance on external ratings.
13.12.7(c)13.12 Credit Funds
Implement an ongoing credit portfolio monitoring process with problem-credit identification and a provisioning methodology.
13.12.7(d)13.12 Credit Funds
Implement diversification measures/limits aligned to the Fund's target markets and credit strategy.
13.12.7(e)13.12 Credit Funds
Establish a contingency/remediation process for underperforming credit risk mitigation techniques (e.g. collateral, guarantees).
13.12.7(f)13.12 Credit Funds
Implement concentration risk monitoring covering both direct and indirect counterparty exposures.
13.12.8(a)-(b)13.12 Credit Funds
Design and implement a comprehensive credit stress-testing programme with at least annual execution.
13.12.8(c)13.12 Credit Funds
Establish a reporting process delivering stress-test results to the Governing Body at least annually.
13.12.9(a)-(b)13.12 Credit Funds
Develop a documented diversification strategy/roadmap with a target timeline (no more than 3 years) and a 25% single-obligor/Group concentration limit, and actively manage the portfolio toward it.
13.12.9(c)13.12 Credit Funds
Implement a trigger/escalation process to prepare and submit a Unitholder approval request within 30 days of missing the diversification deadline.
13.12.9(d)13.12 Credit Funds
Update the diversification roadmap/targets reflecting the extended (no more than 4-year) timeline approved by Unitholders and continue portfolio management toward the limit.
13.12.9(e)13.12 Credit Funds
Implement ongoing concentration-limit monitoring and rebalancing controls to maintain compliance with the 25% limit post-achievement.
13.12.10(a)13.12 Credit Funds
Confirm the fund term (no more than 10 years) is specified in the Fund's Constitution at establishment.
13.12.10(b)13.12 Credit Funds
Implement a pre-redemption/distribution approval control verifying liquidity availability, regulatory compliance, and Unitholder resolution approval.
13.12.11(1)13.12 Credit Funds
Implement pre-borrowing approval checks against Constitution authority, the 10% NAV cap, and repayment planning.
13.12.11(2)13.12 Credit Funds
Implement a breach-escalation and remediation procedure for borrowing limit excesses.
13.12.1213.12 Credit Funds
Build annual/interim report templates capturing all five required credit-portfolio disclosure items.
13.12.1313.12 Credit Funds
Draft and embed the prescribed risk warning language in all Credit Fund marketing material.
13.13.113.13 Funds investing in Crypto Tokens
Implement a content-review gate confirming eligibility criteria before using Crypto Token Fund terminology in marketing/offer materials.
13.13.213.13 Funds investing in Crypto Tokens
Verify and document that any Crypto Token valuation index/benchmark provider meets App 9 Price Information Provider criteria before use.
14.2.1(1)14.2 General Requirements relating to Prospectuses
Review every draft Prospectus to ensure no clause disadvantages Unitholders or any Unit class unfairly.
14.2.1(2)14.2 General Requirements relating to Prospectuses
Perform reasonable enquiries to identify all material information required for the Prospectus.
14.2.1(3)14.2 General Requirements relating to Prospectuses
Prepare and issue the Prospectus in English.
14.2.1(4)14.2 General Requirements relating to Prospectuses
Prepare a bilingual (Arabic and English) KIID for Passported Funds.
14.2.1(5)14.2 General Requirements relating to Prospectuses
Set and monitor the Prospectus expiry date to within 12 months of issue and refresh/replace before expiry.
14.2.2(1)(a)14.2 General Requirements relating to Prospectuses
Draft the Supplementary Prospectus with the required cross-references and dates.
14.2.2(1)(b)14.2 General Requirements relating to Prospectuses
File the Supplementary Prospectus with the DFSA.
14.2.2(1)(c)14.2 General Requirements relating to Prospectuses
Identify affected applicants and distribute the Supplementary Prospectus to them.
14.2.2(1)(d)14.2 General Requirements relating to Prospectuses
Distribute the Supplementary Prospectus through the same channels used for the original Prospectus.
14.2.2(2)(a)14.2 General Requirements relating to Prospectuses
Draft the Replacement Prospectus with the required identifying statements and dates.
14.2.2(2)(b)14.2 General Requirements relating to Prospectuses
File the Replacement Prospectus with the DFSA.
14.2.2(2)(c)14.2 General Requirements relating to Prospectuses
Identify and distribute the Replacement Prospectus to affected applicants.
14.2.2(3)14.2 General Requirements relating to Prospectuses
Align the expiry date of the Supplementary/Replacement Prospectus with the original Prospectus expiry date.
14.2.3(a)14.2 General Requirements relating to Prospectuses
Notify affected applicants of their confirm/retract and refund rights and the process for exercising them.
14.2.3(b)14.2 General Requirements relating to Prospectuses
Provide a minimum seven-day window for applicants to confirm or retract before processing.
14.2.414.2 General Requirements relating to Prospectuses
Verify the External Fund's home-jurisdiction retail eligibility before offering it to Retail Clients.
14.2.514.2 General Requirements relating to Prospectuses
Provide the current External Fund Prospectus to the prospective investor at the time of the offer.
14.2.6(1)14.2 General Requirements relating to Prospectuses
Ensure the External Fund Prospectus provided to offerees is in English.
14.2.6(2)14.2 General Requirements relating to Prospectuses
Insert the prescribed jurisdiction/regulator/status/warning statement (and non-retail statement where relevant) prominently in the Prospectus.
14.2.6(3)14.2 General Requirements relating to Prospectuses
Include MKT App 7-equivalent Security Token disclosures in the Prospectus.
14.2.6(4)14.2 General Requirements relating to Prospectuses
Include MKT App 7-equivalent Investment Token disclosures where the 10% threshold is met.
14.2.6(5)14.2 General Requirements relating to Prospectuses
Include MKT App 7-equivalent Crypto Token disclosures in the Prospectus.
14.2.6(6)14.2 General Requirements relating to Prospectuses
Compile and include the Credit Fund-specific risk warning, lending strategy, concentration, diversification strategy and borrowing disclosures in the Prospectus.
14.2.714.2 General Requirements relating to Prospectuses
Maintain accessible copies (physical or electronic) of the current External Fund Prospectus at a DIFC location.
14.3.1(1)(a)14.3 Prospectus content
Compile and include App 7 disclosure content in the Prospectus.
14.3.1(1)(b)14.3 Prospectus content
Compile and include FPR App 1 content and a KIID in the Prospectus.
14.3.1(1)(c)14.3 Prospectus content
Identify the Fund's specialist class and include the applicable section 14.4 disclosures.
14.3.1(1)(d)14.3 Prospectus content
Prepare a Summary Document covering the five prescribed elements and include it in the Prospectus.
14.3.1(1)(e)14.3 Prospectus content
Determine which Rule 14.3.3 statement variant applies and insert it into the Prospectus.
14.3.1(1)(f)14.3 Prospectus content
Include MKT App 7-equivalent Security Token disclosures.
14.3.1(1)(g)14.3 Prospectus content
Include MKT App 7-equivalent Investment Token disclosures where the threshold is met.
14.3.1(1)(h)14.3 Prospectus content
Include the specified MKT Rule A7.1.2 Crypto Token disclosures.
14.3.1(1)(i)14.3 Prospectus content
Include liquidity risk management powers/procedures/triggers disclosure per Rule 8.6A.1(2)(d) in the Prospectus.
14.3.1(3)14.3 Prospectus content
Maintain and update all parts of a multi-part Prospectus consistently.
14.3.3(1)14.3 Prospectus content
Insert the prescribed statement text on the Prospectus front page.
14.3.3(1A)14.3 Prospectus content
Insert the FPR Rule 3.2.3(e) statement in place of the standard statement.
14.3.3(2)14.3 Prospectus content
Insert the applicable MKT/IFR statement depending on whether the Fund is conventional or Islamic.
14.3.3(3)14.3 Prospectus content
Insert the prescribed Exempt Fund restriction statement in addition to the standard statement.
14.3.3(4)14.3 Prospectus content
Insert the FPR Rule 3.1.3(d) statement plus the Exempt Fund restriction statement.
14.4.1(a)14.4 Additional Prospectus disclosure for specialist Funds
Include a prominent higher-fee risk warning in the Feeder Fund Prospectus.
14.4.1(b)14.4 Additional Prospectus disclosure for specialist Funds
Compile and disclose fee information at each layer of the fund structure.
14.4.2(a)14.4 Additional Prospectus disclosure for specialist Funds
Draft and include the description of the nature of the Unitholder commitment in the Property Fund Prospectus.
14.4.2(b)14.4 Additional Prospectus disclosure for specialist Funds
Draft and include the description of Property Fund-type risks in the Property Fund Prospectus.
14.4.2(c)14.4 Additional Prospectus disclosure for specialist Funds
Draft and include the prominent redemption-difficulty risk warning in the Property Fund Prospectus.
14.4.2(d)14.4 Additional Prospectus disclosure for specialist Funds
Draft and include the Valuer details in the Property Fund Prospectus.
14.4.2(e)14.4 Additional Prospectus disclosure for specialist Funds
Draft and include the redemption procedures disclosure in the Property Fund Prospectus.
14.4.2(f)14.4 Additional Prospectus disclosure for specialist Funds
Draft and include the dividend/income distribution policy disclosure in the Property Fund Prospectus.
14.4.2(g)14.4 Additional Prospectus disclosure for specialist Funds
Draft and include the insurance arrangement disclosure in the Property Fund Prospectus.
14.4.2(h)14.4 Additional Prospectus disclosure for specialist Funds
Draft and include the statement on material real property activity policy in the Property Fund Prospectus.
14.4.2(i)14.4 Additional Prospectus disclosure for specialist Funds
Draft and include the Related Party transaction/agreement details in the Property Fund Prospectus.
14.4.2(j)14.4 Additional Prospectus disclosure for specialist Funds
Draft and include the Related Party property interest particulars in the Property Fund Prospectus.
14.4.2(k)14.4 Additional Prospectus disclosure for specialist Funds
Draft and include the significant holder details in the Property Fund Prospectus.
14.4.2(l)14.4 Additional Prospectus disclosure for specialist Funds
Draft and include the principal tax disclosure in the Property Fund Prospectus.
14.4.2(m)14.4 Additional Prospectus disclosure for specialist Funds
Draft and include the valuation standards statement in the Property Fund Prospectus.
14.4.2(n)14.4 Additional Prospectus disclosure for specialist Funds
Draft and include the REIT/vehicle-type disclosure in the Property Fund Prospectus.
14.4.3(a)14.4 Additional Prospectus disclosure for specialist Funds
Determine and disclose the applicable investment-limit percentage/condition in the Prospectus.
14.4.3(b)14.4 Additional Prospectus disclosure for specialist Funds
Determine and disclose the applicable investment-limit percentage/condition in the Prospectus.
14.4.3(c)14.4 Additional Prospectus disclosure for specialist Funds
Determine and disclose the applicable investment-limit percentage/condition in the Prospectus.
14.4.3(d)14.4 Additional Prospectus disclosure for specialist Funds
Determine and disclose the applicable investment-limit percentage/condition in the Prospectus.
14.4.4(a)14.4 Additional Prospectus disclosure for specialist Funds
Draft and prominently include the required single-property disclosure in the Prospectus.
14.4.4(b)14.4 Additional Prospectus disclosure for specialist Funds
Draft and prominently include the required single-property disclosure in the Prospectus.
14.4.4(c)14.4 Additional Prospectus disclosure for specialist Funds
Draft and prominently include the required single-property disclosure in the Prospectus.
14.4.4A(a)14.4 Additional Prospectus disclosure for specialist Funds
Draft and prominently include the required self-custody disclosure in the Prospectus.
14.4.4A(b)14.4 Additional Prospectus disclosure for specialist Funds
Draft and prominently include the required self-custody disclosure in the Prospectus.
14.4.4A(c)14.4 Additional Prospectus disclosure for specialist Funds
Draft and prominently include the required self-custody disclosure in the Prospectus.
14.4.4B14.4 Additional Prospectus disclosure for specialist Funds
Disclose the Related Party Transaction approval status in the Prospectus.
14.4.5(a)14.4 Additional Prospectus disclosure for specialist Funds
Draft and include the required disclosure in the Private Equity Fund Prospectus.
14.4.5(b)14.4 Additional Prospectus disclosure for specialist Funds
Draft and include the required disclosure in the Private Equity Fund Prospectus.
14.4.614.4 Additional Prospectus disclosure for specialist Funds
Insert the full prescribed Mandatory Hedge Fund Disclosure Statement prominently in the Prospectus and in all other financial promotions for the Fund.
14.4.7(a)14.4 Additional Prospectus disclosure for specialist Funds
Draft and include the prescribed prominent warning element in the Prospectus.
14.4.7(b)14.4 Additional Prospectus disclosure for specialist Funds
Draft and include the prescribed prominent warning element in the Prospectus.
14.4.7(c)14.4 Additional Prospectus disclosure for specialist Funds
Draft and include the prescribed prominent warning element in the Prospectus.
14.4.8(a)14.4 Additional Prospectus disclosure for specialist Funds
Draft and include the required ETF disclosure item in the Prospectus.
14.4.8(b)14.4 Additional Prospectus disclosure for specialist Funds
Draft and include the required ETF disclosure item in the Prospectus.
14.4.8(c)14.4 Additional Prospectus disclosure for specialist Funds
Draft and include the required ETF disclosure item in the Prospectus.
14.4.8(d)14.4 Additional Prospectus disclosure for specialist Funds
Draft and include the required ETF disclosure item in the Prospectus.
14.4.8(e)14.4 Additional Prospectus disclosure for specialist Funds
Draft and include the required ETF disclosure item in the Prospectus.
14.4.8(f)14.4 Additional Prospectus disclosure for specialist Funds
Draft and include the required ETF disclosure item in the Prospectus.
14.4.8(g)14.4 Additional Prospectus disclosure for specialist Funds
Draft and include the required ETF disclosure item in the Prospectus.
14.4.8(h)14.4 Additional Prospectus disclosure for specialist Funds
Draft and include the required ETF disclosure item in the Prospectus.
14.4.8(i)14.4 Additional Prospectus disclosure for specialist Funds
Draft and include the required ETF disclosure item in the Prospectus.
14.4.8(j)14.4 Additional Prospectus disclosure for specialist Funds
Draft and include the required ETF disclosure item in the Prospectus.
14.4.8(k)14.4 Additional Prospectus disclosure for specialist Funds
Draft and include the required ETF disclosure item in the Prospectus.
14.4.8(l)14.4 Additional Prospectus disclosure for specialist Funds
Draft and include the required ETF disclosure item in the Prospectus.
14.4.9(a)14.4 Additional Prospectus disclosure for specialist Funds
Draft and include the required ETF cost/revenue disclosure in the Prospectus.
14.4.9(b)14.4 Additional Prospectus disclosure for specialist Funds
Draft and include the required ETF cost/revenue disclosure in the Prospectus.
14.4.10(a)14.4 Additional Prospectus disclosure for specialist Funds
Draft and include the required Fund Platform/ICC disclosure item in the Prospectus.
14.4.10(b)14.4 Additional Prospectus disclosure for specialist Funds
Draft and include the required Fund Platform/ICC disclosure item in the Prospectus.
14.4.10(c)14.4 Additional Prospectus disclosure for specialist Funds
Draft and include the required Fund Platform/ICC disclosure item in the Prospectus.
14.4.10(d)14.4 Additional Prospectus disclosure for specialist Funds
Draft and include the required Fund Platform/ICC disclosure item in the Prospectus.
14.4.1114.4 Additional Prospectus disclosure for specialist Funds
Draft and prominently include the prescribed Venture Capital Fund risk warning in the Prospectus.
14.4.12(1)14.4 Additional Prospectus disclosure for specialist Funds
Identify all disapplied legal requirements applicable to the Venture Capital Fund and clearly disclose them in the Prospectus.
14.4.13(a)14.4 Additional Prospectus disclosure for specialist Funds
Draft and include the required Credit Fund disclosure item in the Prospectus.
14.4.13(b)14.4 Additional Prospectus disclosure for specialist Funds
Draft and include the required Credit Fund disclosure item in the Prospectus.
14.4.13(c)14.4 Additional Prospectus disclosure for specialist Funds
Draft and include the required Credit Fund disclosure item in the Prospectus.
14.4.13(d)14.4 Additional Prospectus disclosure for specialist Funds
Draft and include the required Credit Fund disclosure item in the Prospectus.
14.4.13(e)14.4 Additional Prospectus disclosure for specialist Funds
Draft and include the required Credit Fund disclosure item in the Prospectus.
14.5.1(1)14.5 Obligation relating to making a Prospectus available
Provide the current Prospectus free of charge to Unitholders/eligible investors at the time of the Offer.
14.5.1(1) proviso14.5 Obligation relating to making a Prospectus available
Confirm Prospectus availability or Excluded Offer status as a pre-condition before completing any subscription/sale transaction.
14.5.1(2)14.5 Obligation relating to making a Prospectus available
Ensure all Offers of Exempt Fund/Qualified Investor Fund Units are made strictly by Private Placement to Professional Clients in line with Article 16(4)/(5).
14.5.2(1)14.5 Obligation relating to making a Prospectus available
Provide the current Prospectus to the client at or before the point of offer or transaction.
14.5.2(2)14.5 Obligation relating to making a Prospectus available
Ensure all Offers of Exempt Fund/Qualified Investor Fund Units by the Authorised Firm comply with Article 16(4)/(5) Private Placement requirements.
14.5.314.5 Obligation relating to making a Prospectus available
Maintain Prospectus copies at a DIFC location (physical or electronic), or maintain readily available information on where copies can be accessed.
14.6.5(a)14.6 Responsibility for Prospectus
Obtain and retain the expert's written consent record.
14.6.5(b)14.6 Responsibility for Prospectus
Insert a consent statement referencing the expert's agreement into the Prospectus.
15.1.1A15.1 Access to Foreign Funds and availability of Prospectus
Implement a pre-offer check confirming home-jurisdiction retail eligibility before any Retail Client Foreign Fund offer.
15.1.215.1 Access to Foreign Funds and availability of Prospectus
Maintain a current compliant Prospectus and provide it to each prospective client at the time of Offer.
15.1.3(1)15.1 Access to Foreign Funds and availability of Prospectus
Confirm an English-language version of the Prospectus is obtained before use.
15.1.3(2)(a)-(d)15.1 Access to Foreign Funds and availability of Prospectus
Insert the prescribed jurisdiction/regulator/status disclosure and verbatim DFSA warning statement into every Foreign Fund Prospectus used.
15.1.3(2)(e)15.1 Access to Foreign Funds and availability of Prospectus
Add a non-Retail-Client restriction statement to the Prospectus warning for non-retail offers.
15.1.3(2)(f)15.1 Access to Foreign Funds and availability of Prospectus
Insert the Money Market Fund-specific risk warning (per Rule 14.4.7) into the Prospectus.
15.1.3(2)(g)15.1 Access to Foreign Funds and availability of Prospectus
Insert the Venture Capital Fund-specific risk warning and additional disclosure into the Prospectus.
15.1.3(3)15.1 Access to Foreign Funds and availability of Prospectus
Attach MKT App 7-equivalent disclosure for Security Token Units to the Prospectus.
15.1.3(4)15.1 Access to Foreign Funds and availability of Prospectus
Monitor the Fund's Investment Token exposure and attach MKT App 7-equivalent disclosure once the 10% threshold is met/exceeded.
15.1.415.1 Access to Foreign Funds and availability of Prospectus
Maintain accessible current Prospectus copies (physical or electronic with ready access) at DIFC premises.
15.1.515.1 Access to Foreign Funds and availability of Prospectus
Perform and document a pre-offer eligibility check confirming the Foreign Fund's Designated Fund/Recognised Jurisdiction status and any fund-type-specific conditions.
15.1.6(1)-(4)15.1 Access to Foreign Funds and availability of Prospectus
Conduct and document due diligence on the Foreign Fund's custodian/investment manager credentials (or investment-grade rating) and applicable fund-type conditions before Offering under this route.
15.1.715.1 Access to Foreign Funds and availability of Prospectus
Verify and document that a Foreign Property Fund satisfies the 60% asset test, Closed-ended structure and listing/private-placement condition before Offering.
15.1.815.1 Access to Foreign Funds and availability of Prospectus
Complete and document a COB 3.4.2 suitability assessment for the specific Client before making a recommendation-based Offer.
15.1.9(1)-(2)15.1 Access to Foreign Funds and availability of Prospectus
Perform and retain due diligence evidence confirming the Fund and the manner of Offer meet the Article 54(1)(c)(i)-(iii) criteria.
15.1.9(3)-(4)15.1 Access to Foreign Funds and availability of Prospectus
Verify and document the Fund's daily Crypto Token valuation practice and the qualifying status/due diligence of its Crypto Token custodian before Offering.
15.1.10(1)-(2)15.1 Access to Foreign Funds and availability of Prospectus
Prepare and submit the annual Foreign/Domestic Fund Offer/Transaction report to the DFSA by 31 January each year.
15.1.11(1)-(2)15.1 Access to Foreign Funds and availability of Prospectus
Establish and maintain a Chapter 15 compliance record-keeping system with a minimum six-year retention period.
16.1.3(2)16.1 Application of the Regulatory Law
Obtain Unitholder Special Resolution approval before implementing any transfer scheme moving Fund property to another Fund/Sub-Fund.
16.1.3(3)16.1 Application of the Regulatory Law
Obtain the required Special Resolution(s) from the affected Sub-Fund's Unitholders (and, where applicable, other Sub-Funds' Unitholders) before implementing the transfer scheme.
16.1.3(4)-(5)16.1 Application of the Regulatory Law
Assess the receiving Fund/Sub-Fund transaction against the three Rule 16.1.3(5) exemption conditions, and obtain Unitholder Special Resolution approval unless all three conditions are documented as satisfied.
17.1.3(1)-(2)17.1 Application
Implement an immediate dealing-suspension and wind-up trigger process upon occurrence of any Rule 17.1.3(2) event.
17.1.4(1)17.1 Application
Execute the wind-up strictly per the terms of the DFSA-approved transfer scheme.
17.1.4(2)(a)17.1 Application
Commence and complete realisation of Fund Property as soon as practicable following wind-up commencement.
17.1.4(2)(b)17.1 Application
Calculate liabilities/cost provisions and distribute net proceeds pro-rata to Unitholders against evidence of entitlement.
17.1.4(2)(c)17.1 Application
Track unclaimed distribution payments and pay unclaimed amounts into court after the 12-month deadline.
17.1.4(3)17.1 Application
Where in-specie distribution is agreed, calculate and apply appropriate adjustments/provisions to ensure proportional liability/cost-sharing before distributing property in specie.
17.1.4(4)(a)17.1 Application
Issue formal notification to all Unitholders of the winding up/termination promptly after commencement (where not Unitholder-initiated).
17.1.4(4)(b)17.1 Application
Place the wind-up notice in the required English and Arabic national newspapers and publish on the Fund's website (if applicable).
17.1.4(5)17.1 Application
Submit written completion notification to DFSA and formal request for revocation of Fund registration.
17.1.5(1)17.1 Application
Continue normal periodic accounting, income allocation and reporting cycles throughout the winding-up process unless a dispensation under Rule 17.1.5(2) applies.
17.1.5(2)-(3)17.1 Application
Where dispensation is used, document the consultation and determination, and ensure the dispensed period is combined into the subsequent report.
17.1.5(5)17.1 Application
Prepare, publish and distribute the final annual report to all Unitholders within two calendar months of the final accounting period's end.
17.1.6(1)-(2)17.1 Application
Prepare and submit a comprehensive DFSA notification covering all the prescribed Rule 17.1.6(2) information items when the Fund is assessed as not commercially viable/non-viable in purpose.
A1.2.1(1)(a)A1.2 Mandatory provisions
Include a scope-of-services and service-standard (SLA) clause in every Delegation/Outsourcing Agreement.
A1.2.1(1)(b)A1.2 Mandatory provisions
Insert a no-further-delegation-without-consent clause in every agreement and track any sub-delegation approval requests.
A1.2.1(1)(c)(i)A1.2 Mandatory provisions
Contractual record-keeping obligation plus periodic verification of the Service Provider's transaction records.
A1.2.1(1)(c)(ii)A1.2 Mandatory provisions
Contractual requirement on record format/quality sufficient to support compliant accounts preparation.
A1.2.1(1)(c)(iii)A1.2 Mandatory provisions
Contractual six-year minimum record retention requirement, with periodic compliance monitoring.
A1.2.1(1)(c)(iv)A1.2 Mandatory provisions
Contractual access/inspection rights clause for DFSA, the Auditor and the oversight function.
A1.2.1(1)(c)(v)A1.2 Mandatory provisions
Contractual clause requiring reproduction of records within three days, in hard copy and English, upon DFSA request.
A1.2.1(2)(a)A1.2 Mandatory provisions
Insert a DFSA-Rules compliance undertaking clause in every Delegation Agreement.
A1.2.1(2)(b)A1.2 Mandatory provisions
Insert a disclosure-pass-through undertaking clause and monitor for any disclosures received.
A1.2.1(3)A1.2 Mandatory provisions
Maintain a central register of all Delegation/Outsourcing Agreements and Service Provider instructions, retained for six years or more.
A1.3.1(1)(a)A1.3 Provisions relating to Eligible Custodians
Ensure the custody agreement specifies the required distinguishing account titling.
A1.3.1(1)(b)A1.3 Provisions relating to Eligible Custodians
Instruction-only credit/withdrawal clause plus operational controls verifying compliance.
A1.3.1(1)(c)A1.3 Provisions relating to Eligible Custodians
Asset-segregation clause in the custody agreement plus periodic segregation verification.
A1.3.1(1)(d)A1.3 Provisions relating to Eligible Custodians
Document detailed operational arrangements covering registration, entitlement collection and instruction protocols in the custody agreement.
A1.3.1(1)(e)A1.3 Provisions relating to Eligible Custodians
Custody statement clause specifying delivery frequency, and a process to receive and review each statement.
A1.3.1(1)(f)A1.3 Provisions relating to Eligible Custodians
No-set-off / no-lien agency clause in the custody agreement.
A1.3.1(1)(g)A1.3 Provisions relating to Eligible Custodians
Include a liability/default clause defining the scope of the custodian's liability.
A1.4.1A1.4 Provisions relating to fund administration
Insert a prohibition-on-holding-client-money clause (subject to the two permitted exceptions) into every fund administration Delegation Agreement.
A1.4.1(a)A1.4 Provisions relating to fund administration
Cheque-handling control limiting hold time to three business days before deposit/return.
A1.4.1(b)A1.4 Provisions relating to fund administration
Bank-mandate compliance monitoring for Service Provider-controlled Fund accounts.
A2.1.1(1)A2.1 Nomination of a chair
Written chairman nomination process for every Unitholder meeting.
A2.1.1(2)A2.1 Nomination of a chair
Fallback chairman-selection procedure to be applied when the nominee is absent.
A2.1.2(1)A2.1 Notice of meetings
Meeting notice process ensuring the minimum 14-day (or longer, per Constitution) written notice period is met.
A2.1.2(2)A2.1 Notice of meetings
Notice-content template ensuring all required particulars (place/day/hour/resolution wording) are included.
A2.1.2(3)A2.1 Notice of meetings
Trustee notification process ensuring the notice copy is dispatched to the Trustee no later than to Unitholders.
A2.1.2(5)A2.1 Notice of meetings
Adjourned-meeting notice process covering Unitholders and, where relevant, the Trustee.
A2.1.3(3)A2.1 Quorum
Quorum verification control performed at the start of every meeting before business is transacted.
A2.1.3(4)A2.1 Quorum
Defined procedure for handling a no-quorum scenario, differentiating requisitioned meetings (dissolve) from other meetings (adjourn 7+ days).
A2.1.3(6)A2.1 Quorum
Adjourned-meeting notice must include the required quorum-waiver statement.
A2.1.4(1)-(3)A2.1 Voting restrictions
Governance control excluding Fund Manager/Governing Body members (and associates) from being counted in quorum or voting, subject to the limited agency exception.
A2.1.5A2.1 Voting restrictions
Related Party voting-exclusion control applied to Related Party Transaction approval resolutions.
A3.1.1(1)A3.1 Alterations to a Fund
Special Resolution approval process to be completed before implementing any fundamental change.
A3.1.1(2)A3.1 Alterations to a Fund
Fundamental-change classification criteria to be applied within the Fund change-assessment workflow.
A3.1.1(3)A3.1 Alterations to a Fund
Documented fundamental-change determination process, including mandatory Trustee sign-off for Investment Trusts.
A3.1.2(1)A3.1 Alterations to a Fund
Prior written notice process (Guidance recommends a minimum of around 30 days) for significant changes.
A3.1.2(2)A3.1 Alterations to a Fund
Significant-change classification criteria to be applied within the change-assessment workflow.
A3.1.2(3)A3.1 Alterations to a Fund
Documented significant-change determination process, including mandatory Trustee sign-off for Investment Trusts.
A3.1.3(1)A3.1 Alterations to a Fund
Notifiable-change communication process (e.g. direct notice, website publication, or inclusion in the next periodic report, as appropriate to the change).
A3.1.3(2)A3.1 Alterations to a Fund
Residual-change materiality assessment (notifiable vs. insignificant) as part of the change-classification process.
A5.1.1(1)-AA5.1 Contents of Constitution
Ensure the Constitution's General Information section captures all listed identifying particulars before execution/filing.
A5.1.1(1)-BA5.1 Contents of Constitution
Include the full set of mandatory General Statements clauses in the Constitution.
A5.1.1(1)-CA5.1 Contents of Constitution
Where the Fund is an Investment Trust, ensure the Trust Deed/Constitution contains the required trust-law and trust-holding provisions.
A5.1.1(1)-DA5.1 Contents of Constitution
Draft and include an Investment Objectives section covering objectives, permitted asset types and restriction disclosures.
A5.1.1(1)-EA5.1 Contents of Constitution
Include a Units section specifying Unit classes and the rights attaching to each.
A5.1.1(1)-FA5.1 Contents of Constitution
Include a Limitations section addressing redemption restrictions and issuance-limitation circumstances.
A5.1.1(1)-GA5.1 Contents of Constitution
Include Income and Distribution provisions in the Constitution.
A5.1.1(1)-HA5.1 Contents of Constitution
Include a base currency statement in the Constitution.
A5.1.1(1)-IA5.1 Contents of Constitution
Include a Meetings section addressing convening procedures, resolutions and voting rights.
A5.1.1(1)-JA5.1 Contents of Constitution
Include an Oversight Arrangements section (plus Shari'a Supervisory Board details for an Islamic Fund).
A5.1.1(1)-KA5.1 Contents of Constitution
Include Termination and Suspension provisions in the Constitution.
A5.1.1(1)-LA5.1 Contents of Constitution
Include a Constitution-amendment (modification) procedure section.
A5.1.1(1)-MA5.1 Contents of Constitution
Insert the mandatory non-exemption Responsibility Statement in the Constitution.
A5.1.1(1)-NA5.1 Contents of Constitution
Review and include any additional Rule-conferred privileges/powers not otherwise captured elsewhere in the Constitution.
A7.1.3 Item 1 (1.1-1.3)A7.1 Mandatory disclosure for all Public Funds
Insert the Persons Responsible section, the accuracy statement, and the mandated front-page DFSA disclaimer verbatim.
A7.1.3 Item 2 (2.1-2.2)A7.1 Mandatory disclosure for all Public Funds
Include the Document Status statements and the free-copy location details.
A7.1.3 Item 3 (3.1)A7.1 Mandatory disclosure for all Public Funds
Draft the Summary Document section per the Rule 14.3.1(d) content requirements.
A7.1.3 Item 4 (4.1-4.3)A7.1 Mandatory disclosure for all Public Funds
Include the Name and Description of the Fund section covering all listed particulars.
A7.1.3 Item 5 (5.1-5.4)A7.1 Mandatory disclosure for all Public Funds
Draft the Investment Objectives and Policy section covering all listed elements.
A7.1.3 Item 6 (6.1)A7.1 Mandatory disclosure for all Public Funds
Include the Investment Restrictions section and a breach-notification disclosure.
A7.1.3 Item 7 (7.1-7.3)A7.1 Mandatory disclosure for all Public Funds
Draft the Rights Attached to Units of the Fund section.
A7.1.3 Item 8 (8.1)A7.1 Mandatory disclosure for all Public Funds
Include the Register of Unitholders location statement in the Prospectus.
A7.1.3 Item 9 (9.1)A7.1 Mandatory disclosure for all Public Funds
Draft the Distribution and Accounting Period section.
A7.1.3 Item 10 (10.1-10.2)A7.1 Mandatory disclosure for all Public Funds
Draft the Information about the Fund Manager section covering all listed particulars.
A7.1.3 Item 11 (11.1)A7.1 Mandatory disclosure for all Public Funds
Draft the Information about the Trustee section for Investment Trust structures.
A7.1.3 Item 12 (12.1)A7.1 Mandatory disclosure for all Public Funds
Include the Information about the Auditor section.
A7.1.3 Item 13 (13.1-13.2)A7.1 Mandatory disclosure for all Public Funds
Include the Information about the independent oversight provider section.
A7.1.3 Item 14 (14.1-14.2)A7.1 Mandatory disclosure for all Public Funds
Include the Information about the Eligible Custodian section (or the non-appointment statement).
A7.1.3 Item 15 (15.1-15.3)A7.1 Mandatory disclosure for all Public Funds
Compile and include the Information relating to other Service Providers section.
A7.1.3 Item 16 (16.1-16.4)A7.1 Mandatory disclosure for all Public Funds
Include the Financial information and reports section.
A7.1.3 Item 17 (17.1-17.4)A7.1 Mandatory disclosure for all Public Funds
Draft the full Remuneration, fees and other charges disclosure section.
A7.1.3 Item 18 (18.1-18.2)A7.1 Mandatory disclosure for all Public Funds
Include the Valuation of the Fund Property section.
A7.1.3 Item 19 (19.1-19.4)A7.1 Mandatory disclosure for all Public Funds
Draft the Redemption and resale of Units in Open-ended Funds section.
A7.1.3 Item 20 (20.1)A7.1 Mandatory disclosure for all Public Funds
Include the Liquidity risk management in Open-ended Funds disclosure.
A7.1.3 Item 21 (21.1-21.2)A7.1 Mandatory disclosure for all Public Funds
Include the Listing and trading of Fund Units disclosure.
A7.1.3 Specialist Item 1 (1.1-1.9) - Islamic FundA7.1.3 Additional mandatory disclosure for specialist classes of Public Funds
Compile and include the Islamic Fund-specific disclosure set in the Prospectus, including the substitute front-page disclaimer.
A7.1.3 Specialist Item 2 (2.1) - Feeder FundA7.1.3 Additional mandatory disclosure for specialist classes of Public Funds
Include the Feeder Fund fee-layering risk warning and fee disclosure.
A7.1.3 Specialist Item 3 (3.1-3.6) - Property FundA7.1.3 Additional mandatory disclosure for specialist classes of Public Funds
Compile and include the Property Fund-specific disclosure set in the Prospectus.
A7.1.3 Specialist Item 4 (4.1-4.2) - Hedge FundA7.1.3 Additional mandatory disclosure for specialist classes of Public Funds
Include the mandated Hedge Fund risk warning verbatim and the strategy/risk explanation.
A7.1.3 Specialist Item 5 (5.1-5.6) - Umbrella FundA7.1.3 Additional mandatory disclosure for specialist classes of Public Funds
Include the Umbrella Fund/Sub-Fund disclosure set.
A7.1.3 Specialist Item 6 (6.1) - Money Market FundA7.1.3 Additional mandatory disclosure for specialist classes of Public Funds
Include the prescribed Money Market Fund risk warning in the Prospectus.
A7.1.3 Specialist Item 7 (7.1-7.2) - ETFA7.1.3 Additional mandatory disclosure for specialist classes of Public Funds
Compile and include the ETF-specific disclosure set (tracking methodology, PIP/index details, cost structure) in the Prospectus.
App7 Fund Platform para 1Additional mandatory disclosure for Funds on a Fund Platform
Include the Fund Platform/Incorporated Cell disclosure set in the Prospectus.
A9.1.2(1)A9.1 Use of price information providers
Perform and document initial and ongoing due diligence on any PIP used for ETF index/benchmark purposes against the A9.1.2(3)(a)-(g) criteria before use and periodically thereafter.
A9.1.2(2)A9.1 Use of price information providers
Perform and document initial and ongoing due diligence on any PIP used to value Crypto Token holdings against the A9.1.2(3)(a)-(g) criteria before use and periodically thereafter.
DFSA CIR's 642 indexed articles break down by obligation type as follows.
Compliance — 136 articles
Legal — 115 articles
Operations — 113 articles
Fund Manager — 99 articles
Finance — 84 articles
Risk Management — 54 articles
DFSA CIR spans the following regulatory topics, as tagged by Lexara.
fund
collective investment
fund manager
fund administrator
dfsa
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What is DFSA Collective Investment Rules (CIR)?
DFSA Collective Investment Rules (CIR) is issued by the Dubai Financial Services Authority and has applied since 1 January 2023. It has 642 articles across 21 chapters.
What does DFSA CIR cover?
It is organised into: 1 - Application and Interpretation; 5 - Fund Administrators; 6 - External Fund Managers and External Funds; 6A - Using a Fund Platform; 7 - Constitution; 8 - Management and Operation of a Fund; 9 - Accounting, Audit and Periodic Reporting of a Fund; 10 - Requirements Specific to Public Funds; 12 - Requirements Specific to Exempt Funds; 12A - Requirements Specific to Qualified Investor Funds; 13 - Additional Requirements for Specialist Funds; 14 - Marketing of Domestic Funds and Prospectus Disclosure Requirements; and 9 more.
Who issues DFSA CIR?
The Dubai Financial Services Authority. Always check the authority's official publication for the binding text.
When was DFSA CIR last amended?
Our records show it was last amended on 1 January 2025.
Can I search DFSA CIR and ask questions about it?
Yes. Lexara searches the full text of all 642 articles and answers plain-English questions with a citation to the exact article.
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Arakan Lexara Weekly
Key developments and what they mean, what firms are asked to do, and the deadlines coming up — from the DFSA, FSRA, VARA, CBUAE, FTA and more. Read the latest