Compliance & Enforcement
Investigation, sanctions, and administrative powers under the Regulatory Law (Part 5) and Operating Law.
Dual Enforcement Regime
Applied to Authorised Persons, DNFBPs, and Reporting Entities.
- Art 78: Conduct investigations into suspected contraventions.
- Art 80: Power to obtain information and documents under oath.
- Art 90: Imposition of fines, censures, and restrictions.
- Art 89: Enforceable Undertakings.
Applied to all DIFC Companies and Partnerships.
- Op Law Art 29: Power to strike off defunct companies.
- Op Law Art 64: Administrative fines for late filings/breaches.
- Op Law Art 61: Inspection powers to verify compliance.
- Op Law Art 63: Direction to comply with legislation.
Strike Off & Dissolution (Operating Law Art 32)
Involuntary Strike Off
The Registrar may strike a Company off the Register if he has reason to believe that:
- The Company is not carrying on business or is not in operation; or
- The Company is acting in contravention of the Law or Regulations.
- Registrar sends inquiry letter.
- If no reply within 1 month, Registrar sends warning notice (3 months to respond).
- If still no reply, Registrar publishes notice in Gazette and strikes off Company.
Consequence: The liability of every Director and Shareholder continues and may be enforced as if the Company had not been dissolved.
DFSA Sanctions (Regulatory Law Art 90)
If the DFSA considers that a person has contravened the Law or Rules, it may:
| Sanction Type | Description | Reference |
|---|---|---|
| Fine | Impose a financial penalty of such amount as it considers appropriate. | Art 90(2)(a) |
| Censure | Publish a statement censuring the person (Public shaming). | Art 90(2)(b) |
| Prohibition | Prohibit the person from holding office in the DIFC. | Art 90(2)(e) |
| Restitution | Order the person to pay compensation to any person who suffered loss. | Art 90(2)(f) |
Whistleblower Protection (Operating Law Art 64)
A person who makes a disclosure to the Registrar, DFSA, or Police regarding a suspicion of a contravention of the Law:
- Does not incur liability for breach of confidentiality.
- Is protected from dismissal or detriment by their employer (Art 64(2)).
Standard Fine Scale (Op Law Sched 2)
Selected examples of automatic administrative fines for non-compliance:
Failure to file Annual Return / Confirmation Statement.
Failure to notify change of Director or Registered Office.
Failure to keep Accounting Records available for inspection.