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MENA Asset Management Survey 2012 - National Bank of Abu Dhabi

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Dubai International Financial Centre / Qatar Financial Centre<br />

Exchange Traded Funds<br />

Questions Dubai International Financial Centre<br />

(DIFC)<br />

for funds in your jurisdiction the DFSA and CIR Rules. Risk<br />

management process is not the<br />

responsibility <strong>of</strong> any designated individual.<br />

Collectively the responsibility <strong>of</strong> the board <strong>of</strong><br />

the management company.<br />

What is the level <strong>of</strong> supervision Custodian has to be licensed as category 3<br />

required over a custodian in your firm. Custodian has a duty <strong>of</strong> care to the<br />

jurisdiction?<br />

unit holders and is liable for any failure to<br />

meet the requisite standard <strong>of</strong> care. Refer<br />

to DFSA Rulebook.<br />

Fund Exemption<br />

Can fund be exempt from regulation? Not completely but an exempt fund regime<br />

exists with a lighter touch regulatory regime.<br />

Marketing<br />

Marketing restrictions Refer to the DFSA's CIR Module. There<br />

are two types <strong>of</strong> funds that can be<br />

marketed, namely: Domestic and Foreign<br />

Funds. Foreign Funds can be marketed in<br />

or from the DIFC if it meets any one <strong>of</strong> a<br />

four tiered criteria including designated<br />

fund, other Foreign Fund criteria, suitability<br />

recommendation based <strong>of</strong>fer <strong>of</strong> units, or<br />

meets the <strong>of</strong>fer <strong>of</strong> units that satisfy the<br />

DFSA Exempt Fund criteria<br />

Set Up/Establishment Fees<br />

Qatar Financial Centre (QFC)<br />

arrangements will be one <strong>of</strong> the key criteria<br />

considered before approving a fund in the<br />

QFC. Such arrangements need to be<br />

sufficient according to the size nature and<br />

scale <strong>of</strong> the Firm/fund’s business.<br />

Providing custody requires authorisation<br />

and the RA’s usual risk-based approach<br />

(dependant on the size, nature and scale<br />

<strong>of</strong> the business) will be taken into account<br />

in this respect.<br />

No, however, funds licenced under the<br />

Private Placement Schemes rulebook are<br />

subject to reduced regulatory<br />

requirements.<br />

Marketing is a regulated activity and must<br />

be carried out by an authorised Firm.<br />

Subject to regulatory approval and<br />

adherence to relevant rule requirements, it<br />

is possible to market overseas and/or QFC<br />

registered funds within and from the QFC.<br />

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