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.

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;

    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.

 

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.

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 Directors of the market concerned is approved by its chairman.

 

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.

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.

 

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.

In case the Authority decides to offer all or any part of the Company’s shares for public subscription, then the articles shall be amended to suit the requirements of more than one shareholder. However, such amendment shall not affect exclusions from the Companies’ Law, to the extent applicable, as listed in article (51) of the Articles.

The provisions of the Companies’ Law shall be applied to all subjects not expressed in the incorporation law or the Article of Association and any amendment thereof, or any aspect excluded impliedly. However, more specifically, the Company is not subject to the following provisions of the companies’ law: from 11 to 20, 106, 107, 109, 110, 112, from 117 to 130, 135, 136, from 143 to 146, 171, from 173 to 201, from 203 to 238, 240, 245, 309 and 333. In addition, to the provisions of the Companies’ Law related to listed companies and the securities and commodities authority. 

The liquidator shall finish the liquidation within the term stated in its appointment document. In case no such term is stated in the document, the General Assembly may refer the matter to the competent court to assign a liquidation term. The liquidation term may be extended by a special resolution issued by the General Assembly upon considering the liquidator’s report. In case the liquation term is assigned by the court, no extension is allowed but by the same court.