• Part 9: Part 9: Interpretation and Definitions

    • Article 48 - 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) the masculine gender includes the feminine and the neuter; and
      (C) writing includes any form of representing or reproducing words in legible form.
      (2) The headings in these Regulations shall not affect its interpretation.
      (3) A reference in these Regulations to a Part, Article or Schedule by number only, and without further identification, is a reference to a Part, Article or Schedule of that number in these Regulations.
      (4) A reference in these Regulations to a Schedule, an Article or a Part using a short form description of such Schedule, Article or Part in parenthesis is 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 Regulations to a paragraph, sub-paragraph 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 Regulations in which that reference occurs.
      (6) Each of the Schedules to these Regulations shall have effect as if set out in these Regulations and references to these Regulations shall include reference to the Schedules.
      (7) Any reference in these Regulations to "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) Defined terms are identified throughout these Regulations by the capitalisation of the initial letter of a word or phrase. Where capitalisation of the initial letter is not used, an expression has its natural meaning.
      Derived (as from 22nd September 2016).

    • Article 49 - Definitions

      The following words and phrases shall where the context permits have the meaning shown against each of them:

      AML/CFTR Rules Means the QFCRA Anti-Money Laundering and Combating Terrorist Financing Rules of 2010.
      Beneficiary means, in respect of a Foundation that has the provision of a benefit to a person or to a class of persons as one of its objects, a person whether or not yet born or otherwise in existence) who is or who becomes a member of a class of persons that is determined in accordance with —
      (A) the Constitution; or;
      (B) a direction of the QFC Court under Article 43 (2)(E),
      for the purpose of that object or those objects.
      Constitution means any document, by whatever name called, which complies with the requirements of these Regulations relating to the Constitution of a Foundation.
      Council means the council appointed in respect of a Foundation in accordance with its Constitution.
      CRO the Companies Registration Office established pursuant to Article 7 of the QFC Law
      Dedicator means a person, other than the Founder, who dedicates assets to the Foundation.
      Enforcer means the Person who has the responsibility of ensuring that the Council is performing its functions in accordance with the Constitution.
      Foreign Law any law other than QFC Law.
      Foundation means a Foundation incorporated under these Regulations.
      Founder means the person who instructed the Registered Representative to apply for the establishment of the Foundation.
      Inheritance Rights means any right, claim or interest in, against or to Property of a Person arising, accruing or existing in consequence of, or in anticipation of, that Person's death, other than any such right, claim or interest created by will or other voluntary disposition by such Person or resulting from an express limitation in the disposition of the Property of such Person.
      Interested Person means any of the following persons:
      (1) the Founder;
      (2) a Dedicator;
      (3) if any rights the Founder had in respect of the Foundation and its assets have been assigned to some other person, that other person;
      (4) a Member;
      (5) an Enforcer;
      (6) the Registered Representative;
      (7) a person appointed under the Constitution of the Foundation;
      (8) a Beneficiary;
      (9) the QFC Authority;
      (10) a person who, in the view of the QFC Court, can reasonably claim to speak on behalf of an object or purpose of the Foundation;
      (11) a person who the QFC Court determines to be a person with sufficient interest in the Foundation for the purposes of these Regulations.
      License a licence, approval or authorisation to operate in the QFC issued by the QFC Authority pursuant to the QFC Law
      Licensed Firm a body corporate, partnership or unincorporated association which has been granted and continues to hold a license granted by the QFC Authority.
      Member means a Person appointed to the Council of a Foundation in accordance with its Constitution
      Minister Minister of Finance of the State
      Personal Relationship includes every form of relationship by blood or marriage, including former marriage and in particular a Personal Relationship between two Persons which exist if:
      (1) one is the child of the other, natural or adopted, whether or not the adoption is recognised by law, legitimate or illegitimate; or
      (2) one is married to the other.
      Person includes a natural or judicial Person, body corporate, or body unincorporate, including a branch, a company, partnership, unincorporated association or other undertaking, government or state.
      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
      Property means any movable or immovable Property, and includes rights and interests, whether present or future and whether vested or contingent.
      QFC Authority means the Qatar Financial Centre Authority established pursuant to Article 3 of the QFC Law, including the CRO
      QFC Court a competent court or tribunal established under the QFC Law
      QFC Law law No. 7 of 2005 of the State (as amended and/or re-enacted)
      Register A register of firms licensed by the QFC Authority and maintained by the CRO.
      Registered Representative means the Person who is the Registered Representative of the Foundation by virtue of Article 15.
      Registered Office means the address which is recorded from time to time in the Register maintained by the CRO in respect of the Foundation.
      Regulations The Foundation Regulations enacted by the Minister in accordance with the QFC Law.
      Regulatory Authority Qatar Financial Centre Regulatory Authority
      Rules Rules made by the QFC Authority under these Regulations
      State The State of Qatar
      Trust A Trust recognised under the Trust Regulations of the QFC

      Derived (as from 22nd September 2016).