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In effectCabinet Resolution

UAE Capital Markets / Securities LawCabinet Resolution No.(113) of 2022 on Publication of Violations Related to Legislation of the SCA and Licensed Markets

UAE Cabinet Resolution·Cabinet Resolution No.(113) of 2022

قرار مجلس الوزراء بشأن نشر المخالفات المتعلقة بتشريعات هيئة الأوراق المالية والسلع والأسواق المرخّصة

Authoritative Arabic version per the official UAE Legislation portal

Issued Date
December 7, 2022
Effective from
December 16, 2022
Articles
11
Last synced
Oct 19, 2026

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Plain-language summary

Establishes procedures for publishing violations related to Securities and Commodities Authority legislation and licensed market regulations to enhance transpar…

Synced from the official UAE Legislation portal · Plain-language summary by LEXAI

Article-level text

Key Articles

11 articles

  1. 1

    Article 1

    Article (1) Definitions Upon applying the provisions of this Resolution, the following words and expressions shall bear the following meanings assigned thereto respectively, unless the context requires otherwise: State : The United Arab Emirates Authority : Securities and Commodities Authority Board : Board of Directors of the Authority Market : The securities or commodities market licensed in the State in accordance with the provisions of Federal Law No. (4) of 2000 concerning the Emirates Securities and Commodities Authority and Market, referred to hereinabove. Person : The natural or legal person committing the violation.

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    Cabinet Resolution of 2022 on Publication of Violations Related to Legislations of the SCA and Licensed Market 2

  2. 2

    Article 2

    Article (2) Objectives of the Resolution This resolution aims to 1. Develop the regulatory frameworks for publishing the violations; 2. Protect the Market and investors; 3. Prevent those violating the Authority's legislation from inflicting harm on the investment environment in the State; and 4. Raise investment awareness, protect investors, and ensure proper market dealing foundations.

  3. 3

    Article 3

    Article (3) Scope of Application The provisions of this resolution shall apply to the violations committed by companies having securities listed on the Market, and their Board members and managers, Market dealers and the Authority-licensed entities, in breach of Federal Law No. (4) of 2000 concerning the Emirates Securities and Commodities Authority and Market referred to hereinabove, Federal- Decree Law No. (32) of 2021 concerning Commercial Companies referred to hereinabove, the other legislation, regulations, resolutions, instructions guidelines, circulars and/or rules in force in the Securities and Commodities Authority and the markets licensed by it.

  4. 4

    Article 4

    Article (4) Publication Approval Validity 1. The Board or any entity or body authorized by it may publish the violations if they meet the conditions stipulated in Article (5) of this resolution, provided that the publication decision is approved by the Chairman of the Board or whomsoever he authorizes. 2. Having obtained the approval of the Board, the Board of Directors of the market concerned may publish the violations committed in breach of the operational and executive rules applicable by it, the names of their perpetrators, and the administrative penalty imposed in respect thereof, provided that the resolution of the Board of

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    Cabinet Resolution of 2022 on Publication of Violations Related to Legislations of the SCA and Licensed Market 3 Directors of the market concerned is approved by its chairman.

  5. 5

    Article 5

    Article (5) Controls for Publishing the Violations The following controls shall be observed upon publishing the violation: 1. The administrative penalty applicable to the violation shall be any of the following penalties: a. financial fine exceeding (50) fifty thousand dirhams; b. Temporary suspension of business; c. Temporary suspension of trading; d. Revocation of license or Delicensing of the entities licensed by the Authority; e. Suspending or revoking the accreditation of employees of entities licensed by the Authority; f. Suspension or cancellation of the securities listed on the market. 2. The expiration of the time limit prescribed for appealing the resolution imposing the administrative penalty without appealing it, or upon the issuance of a resolution to dismiss the appeal in accordance with the legislation regulating the work of the Authority; 3. After completing the procedures of referring the person to the Public Prosecution in the cases in which the Authority decides referral to the Public Prosecution.

  6. 6

    Article 6

    Article (6) Content of Publication 1. The publication stipulated in Article (7) of this resolution shall specify the violation committed, the violator, the nature of the administrative penalty imposed thereon, and the date of the penalty decision. 2. Notwithstanding Clause (1) of this Article, the publication may only include a description of the violation committed and the consequential administrative penalty without mentioning the name of the violator in any of the following cases: a. If the violator is referred to the Public Prosecution;

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    Cabinet Resolution of 2022 on Publication of Violations Related to Legislations of the SCA and Licensed Market 4 b. If the violation is committed for the first time, unless the penalty resulting from the violation is revocation of the license, or where the violation would affect the stability and safety of transactions that are subject to the regulation, control and supervision of the Authority, in accordance with the Board's opinion; c. Any other case on which a resolution is issued by the Board for the sake of the public interest.

  7. 7

    Article 7

    Article (7) Publication Mechanism 1. The publication shall be carried out through the website of the Authority and the market concerned, in addition to any of the following means: a. A daily newspaper published and distributed in the State; b. The social media platforms; c. Financial Markets' website; d. Any other method approved by the Board; 2. The violation shall be published on the websites of both the Authority and the relevant market for a period of not less than (30) thirty days starting from the date of publication, and such a period may be extended in the event that the violation is not corrected or in accordance with the nature and seriousness of the violation committed, provided that a resolution of extension is issued by the Board or whomsoever it delegates or the Board of Directors of the Market concerned.

  8. 8

    Article 8

    Article (8) Publication Suspension or Cancellation The Board or whomsoever it delegates may suspend or cancel the resolution to publish the violation for public interest considerations.

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    Cabinet Resolution of 2022 on Publication of Violations Related to Legislations of the SCA and Licensed Market 5

  9. 9

    Article 9

    Article (9) Publication of Investigations The Board or whomsoever it delegates may, in cases it deems appropriate, publish a notice or press releases at the start of the investigation in certain serious violations or whenever required by the public interest.

  10. 10

    Article 10

    Article (10) Repeal Any provision that contradicts the provisions of this Resolution shall be repealed.

  11. 11

    Article 11

    Article (11) Publication and Entry into Force This Resolution shall be published in the Official Gazette and shall enter into force as of the day following the date of its publication. Mohammed bin Rashid Al-Maktoum Prime Minister Issued on 13 Jumada Al-Awwal 1444 (AH) Corresponding to 7 December 2022 (AD)

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Note: The Arabic text of this legislation is the authoritative version as per the official UAE Legislation portal.

Articles in this law(11)
  1. 1Article (1) Definitions Upon applying the provisions of this Resolution, the fol
  2. 2Article (2) Objectives of the Resolution This resolution aims to 1. Develop the
  3. 3Article (3) Scope of Application The provisions of this resolution shall apply t
  4. 4Article (4) Publication Approval Validity 1. The Board or any entity or body aut
  5. 5Article (5) Controls for Publishing the Violations The following controls shall
  6. 6Article (6) Content of Publication 1. The publication stipulated in Article (7)
  7. 7Article (7) Publication Mechanism 1. The publication shall be carried out throug
  8. 8Article (8) Publication Suspension or Cancellation The Board or whomsoever it de
  9. 9Article (9) Publication of Investigations The Board or whomsoever it delegates m
  10. 10Article (10) Repeal Any provision that contradicts the provisions of this Resolu
  11. 11Article (11) Publication and Entry into Force This Resolution shall be published
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