Part 14: Part 14: Interpretation and Definitions
Article 156 - Interpretation(1) In these
Regulations, a reference to:(A) a provision of any law or regulation includes a reference to that provision as amended or re-enacted from time to time;(B) an obligation to publish or cause to be published a particular Documentshall, unless expressly provided otherwise in these Regulations, include publishing or causing to be published in printed or electronic form;(C) a calendar year shall mean a year of the Gregorian calendar;(D) a month shall mean a month of the Gregorian calendar;(E) the masculine gender includes the feminine and the neuter;(F) writing includes any form of representing or reproducing words in legible form; and(G) references to a person includes any natural or legal person, Body Corporate, or body unincorporate, including a branch, company, partnership, unincorporated association, government or state.(2) The headings in these Regulationsshall not affect its interpretation.(3) A reference in these Regulationsto a Part, Article or Scheduleby number only, and without further identification, is a reference to a Part, Article or Scheduleof that number in these Regulations.(4) A reference in these Regulationsto a Schedule, an Article or a Part using a short form description of such Schedule, Article or Part in parenthesis are for convenience only and the short form description shall not affect the construction of the Article or Part to which it relates.(5) A reference in an Article or other division of these Regulationsto a paragraph, subparagraph or Article by number or letter only, and without further identification, is a reference to a paragraph, sub-paragraph or Article of that number or letter contained in the Article or other division of these Regulationsin which that reference occurs.(6) Each of the Schedulesto these Regulationsshall have effect as if set out in these Regulationsand references to these Regulationsshall include reference to the Schedules.(7) Any reference in these Regulationsto "include", "including", "in particular" "for example", "such as" or similar expressions shall be considered as being by way of illustration or emphasis only and are not to be construed so as to limit the generality of any words preceding them.(8) References to chairman, Director General, director or similar expressions are, where the context permits, a reference to the person holding that office from time to time.
Article 157 - Definitions
The following words and phrases shall where the context permits have the meanings shown against each of them:
Address in relation to a Memberor Officerof a Companymeans:(A) if an individual, his usual residential address; and(B) if an Entity, its registered or principal office Affiliated Company any Subsidiary, Holding Companyor other member of the same Group Authorised Firm a person that has been granted an authorisation in accordance with Part 5 of the Financial Services Regulations Body Corporate any body corporate, whether incorporated or constituted in the QFCor elsewhere Branch a branch of a Non-QFC Companyregistered in the QFCunder these Regulationsor any other Regulations Business includes every trade, profession and occupation Business Day a day on which banks are open for ordinary business in the QFC Cell a Cellcreated by a PCCfor the purpose of segregating and protecting Cellular Assetsin the manner provided by Part 4 Cell Shares Sharescreated and issued by a PCCin respect of one of its Cellspursuant to the provisions of Article 97, the proceeds of the issue of which (the " Cell Share Capital") shall be comprised in the Cellular Assetsattributable to that Cell Cell Share Capital the proceeds of issue of Cell Shares Cellular Assets the assets of a PCCattributable to the PCC Cellspursuant to Article 95(4) Collective Investment Fund a fund which is a Collective Investment Fundfor the purposes of the Financial Services Regulations Company a company incorporated in the QFCunder these Regulationsor any other Regulations Council of Ministers the Council of Ministers of the State CRO the Companies Registration Office established pursuant to Article 7 of the QFC Law Data Protection Regulations and Rules The QFC Data Protection Regulations of 2005 and the rules issued pursuant to them. Document includes any document in writing, including, where permitted, a document in writing in electronic form Entity a Body Corporateor partnership or unincorporated association carrying on Businesswith a view to a profit Financial Services Regulations the QFC Financial Services Regulations of 2005 Group with respect to an Entity:(A) that Entity;(B) any Holding Companyof the Entity;(C) any Subsidiary(direct or indirect) of that Entityor of any Holding Companyof that Entity. Holding Company an Entityis a Holding Company of another Entityif the second Entityis a Subsidiaryof the first Entity IFRS International Financial Reporting Standards Insolvency Regulations the QFC Insolvency Regulations of 2005 Insurer a Companyregistered under these Regulationswhich is an Insurerfor the purposes of the Financial Services Regulations Liabilities includes any amount reasonably necessary to retain for the purpose of providing for any liability or loss which is either likely to be incurred or certain to be incurred but uncertain as to the amount or as to the date on which it will arise LLC a limited liability company incorporated under these Regulations Member a member of a Companyas defined in Article 19 or Article 92(F) of these Regulationsas applicable Minister the Minister of Finance of the State Name in relation to a Memberor Officerof a Companymeans:(A) if an individual, his forename and surname (or, in the case of a person usually known by a title, his title instead of or in addition to either or both his forename and surname); and(B) if an Entity, its corporate name or firm name. Nominal Capital the par value of a Sharewhen issued Non-Cellular Assets the assets of a PCCwhich are not Cellular Assets Non-QFC Company a Body Corporatenot incorporated in the QFC Officer any director or secretary of a Companyfrom time to time Ordinary Resolution a resolution passed by simple majority of such Membersof a Companyas (being entitled to do so) vote in person or, where proxies are allowed, by proxy at a meeting of the Companyof which notice specifying the intention to propose the resolution has been duly given PCC a company incorporated as, or converted into, a protected cell company in accordance with the provisions of Part 4 of these Regulations Prescribed Fee a fee prescribed in rules made or approved by the QFC Authority Prescribed Form a form prescribed by or approved by the QFC Authority Principal Representative a person appointed under Article 117(2)(A) of these Regulations QFC the Qatar Financial Centre QFC Authority the Qatar Financial Centre Authority established pursuant to Article 3 of the QFC Law QFC Civil and Commercial Court The Civil and Commercial court established purasuant to the QFC Law QFC Law Law No.(7) of 2005 of the State as amended by Law No.(2) of 2009 and Law No.(14) of 2009 Records Documentsand other records however stored Registrar the Registrarof the CROappointed under Article 13 of these Regulations Regulations Regulations enacted by the Ministerin accordance with Article 9 of the QFC Law Regulatory Authority the Regulatory Authorityof the QFCestablished pursuant to Article 8 of the QFC Law Regulatory Tribunal the tribunal established by the QFC Law. Schedule a schedule to these Regulations Security Regulations the QFC Security Regulations of 2011 Share a share in the capital of a Company Special Resolution a resolution passed by at least 75% of such Membersof the Companyas (being entitled to do so) vote in person or, where proxies are allowed, by proxy at a meeting of the Companyof which notice, specifying the intention to propose the resolution as a special resolution, has been duly given State the State of Qatar Subsidiary an Entityis a Subsidiaryof another Entityif the second Entity:(A) holds a majority of the voting rights in the first Entity;(B) is a member of the first Entity(whether direct or indirect, or through legal or beneficial entitlement) and has the right to appoint or remove a majority of the board of directors of the first Entity;(C) has the right to exercise a dominant influence over the management and operation of that other Entitythrough:(i) provisions contained in the constitutive documents of that other Entity; or(ii) any contractual arrangement relating to the management and operation of that other Entity; or(D) is a member of the first Entity(whether direct or indirect, or through legal or beneficial entitlement) and controls alone or pursuant to an agreement with other members or members, a majority of the voting rights in the first Entity;or if the first Entityis a Subsidiaryof another Entitywhich is itself a Subsidiaryof the second Entity Support Services Provider a body corporate, partnership or limited liability partnership approved by the QFC Authorityto provide corporate and administrative services. Transaction for the purposes of Part 4 of these Regulations, anything (including, without limitation, any agreement, arrangement, dealing, disposition, circumstance, event or relationship) whereby any liability arises or is imposed; and cognate expressions shall be construed accordingly UK GAAP generally accepted accounting principles in the United Kingdom US GAAP generally accepted accounting principles in the United States Wholly Owned Subsidiary an Entityis a Wholly Owned Subsidiaryof another Entityif the first Entityhas no Membersexcept:(A) the second Entity; and(B) wholly owned subsidiaries of, or persons acting on behalf of, the second Entityor the second Entity'swholly owned subsidiaries
Amended (as from 5th April 2015).