• GENE Part 5.1 GENE Part 5.1 Communications to Regulatory Authority — general provisions

    Amended by QFCRA RM/2010-04 (as from 1st October 2010)

    • GENE 5.1.1 GENE 5.1.1 Communications to Regulatory Authority must generally be in writing

      (1) This rule applies if a person is required or permitted under any law, regulations or rules to give any information (however described), or make another communication, to the Regulatory Authority.

      Examples of application of rule
      1 a person is permitted under any rules to make any application or request, or to give any election, to the authority
      2 a person is required under any regulations to give the authority any certificate, declaration, notice, return or statement of opinion or belief
      3 a person is required under any rules to notify or tell the authority about something
      (2) The person must give the information, or make the other communication, to the Regulatory Authority in writing unless:
      (a) the information or communication is required or permitted under any law, regulations or rules to be given or made to it in another way; or
      (b) the authority, whether under this subrule or otherwise, requires or permits the person to give the information, or make the communication, to it in another way.
      Note See especially rule 5.1.3 (Giving documents to Regulatory Authority — general requirements) and rule 5.4.1 (Electronic submission system).
      (3) A requirement or permission under subrule (2) (b) may be imposed or given either:
      (a) generally or otherwise by written notice published on an approved website; or
      (b) by notice given to the person in relation to the giving of particular information, or the making of a particular communication, to the Regulatory Authority by the person.
      (4) A permission under subrule (2) (b) may be given subject to conditions.
      (5) If the person gives the information, or makes the other communication, to the Regulatory Authority in contravention of:
      (a) this rule;
      (b) a requirement made under this rule; or
      (c) a condition of a permission given under this rule;
      then, for the purpose of satisfying any requirement to give the information or make the other communication to the authority, the person is taken not to have given the information or made the other communication to the authority.
      (6) Without limiting subrule (5) and any other remedies available to the Regulatory Authority in relation to that contravention, the authority may require the person to give the information or make the communication to it in accordance with this rule (including any requirement or condition under this rule) within a stated time.
      (7) The person must comply with a requirement under subrule (6).
      Editorial changes (as from 1st January 2016).

      • GENE 5.1.1 Guidance [Deleted]

        [Deleted]

        Deleted by QFCRA RM/2010-04 (as from 1st October 2010)

    • GENE 5.1.2 Communications to Regulatory Authority must generally be in English

      (1) This rule applies if a person is required or permitted under any law, regulations or rules to give any information (however described), or make another communication, to the Regulatory Authority.

      Examples of application of rule

      See examples of application of rule 5.1.1.
      (2) The person must give the information, or make the other communication, to the Regulatory Authority in English unless:
      (a) the information or communication is required or permitted under any law, regulations or rules to be given or made to it in another language; or
      (b) the authority, whether under this subrule or otherwise, requires or permits the person to give the information, or make the communication, to it in another language.
      Note See especially rule 5.1.3 (Giving documents to Regulatory Authority — general requirements) and rule 5.4.1 (Electronic submission system).
      (3) A requirement or permission under subrule (2) (b) may be imposed or given either:
      (a) generally or otherwise by written notice published on an approved website; or
      (b) by notice given to a person in relation to the giving of particular information, or the making of a particular communication, to the Regulatory Authority by the person.
      (4) A permission under subrule (2) (b) may be given subject to conditions.
      (5) If a person gives the information, or makes the other communication to the Regulatory Authority, in contravention of:
      (a) this rule;
      (b) a requirement made under this rule; or
      (c) a condition of a permission given under this rule;
      then, for the purpose of satisfying any requirement to give the information or make the other communication to the authority, the person is taken not to have given the information or made the other communication to the authority.
      (6) Without limiting subrule (5) and any other remedies available to the Regulatory Authority in relation to that contravention, the authority may require the person to give the information or make the communication to it in accordance with this rule (including any requirement or condition under this rule) within a stated time.
      (7) The person must comply with the requirement under subrule (6).
      Editorial changes (as from 1st January 2016).

    • GENE 5.1.3 Giving documents to Regulatory Authority — general requirements

      (1) This rule applies if a person is required or permitted under any law, regulations or rules to give a document (however described) to the Regulatory Authority, whether the word "give", "lodge", "serve", "tell" or some other word is used.

      Note A "document" includes anything in writing (see INAP, glossary, def document).
      (2) To remove any doubt, this rule applies in relation to a document (including a document in electronic form) if it includes or contains information (however described), or another communication, that a person is required or permitted under any law, regulations or rules to give or make to the authority.

      Example

      See examples of application of rule 5.1.1.
      (3) The Regulatory Authority may, by written notice published on an approved website:
      (a) prescribe requirements (including requirements mentioned in subrule (4)) that must be complied with in relation to the giving of a document to the authority (the lodgement requirements); and
      (b) provide that stated requirements applying to the document under any rules are taken to be satisfied if the lodgement requirements are satisfied in relation to the document.

      Examples of requirements for paragraph (b)
      1 a requirement that information be given to the authority in writing
      2 a requirement that a document be signed by a particular person or in a particular way
      3 a requirement that a document or information in a document be verified in a particular way
      (4) Without limiting subrule (3) (a), a notice under that provision may:
      (a) require a document to be given to the Regulatory Authority in a stated way or form;
      (b) require a stated person or persons to sign the document;
      (c) require a person who is required or permitted to sign a document to sign and keep the signed document and to give a copy of the signed document in any form (including electronic form) to the Regulatory Authority;
      (d) require a person who is required or permitted to sign a document, to give a declaration or certificate (however described) in or with a document, or to verify (however described) a document or any information in or with a document, to take stated steps:
      (i) to confirm his or her identity; or
      (ii) to indicate the person's agreement to, and acceptance of responsibility for the accuracy and completeness (however described) of, the document, information in the document, or any other document (or information in any other document); or
      (e) prescribe consequential or ancillary requirements in relation to the document or the giving of the document to the authority.
      (5) The Regulatory Authority may permit a person to give a document to the authority even though a lodgement requirement has not (or may not have) been complied with in relation to the document.
      (6) A permission under subrule (5) may be given subject to conditions.
      (7) If a person gives a document to the Regulatory Authority in contravention of:
      (a) a lodgement requirement (and without a permission under subrule (5)); or
      (b) a condition of a permission given under that subrule;
      then, for the purpose of satisfying any requirement to give the document to the authority, the person is taken not to have given the document to the authority.
      (8) Without limiting subrule (7) and any other remedies available to the Regulatory Authority in relation to that contravention, the authority may require the person to give the document to the authority in accordance with any requirement or condition under this rule within a stated time.
      (9) The person must comply with the requirement under subrule (8).
      Editorial changes (as from 1st January 2016).

    • GENE 5.1.4 Time documents are taken to have been given to Regulatory Authority

      (1) If a document (however described) is given to the Regulatory Authority on a working day before the start of or during ordinary business hours on that day, the document is taken, for any rules, to have been given to the authority on that day.
      (2) If a document (however described) is given to the Regulatory Authority on a day that is not a working day or on a working day after ordinary business hours on that day, the document is taken, for any rules, to have been given to the authority on the next working day.
      (3) For this chapter, the Regulatory Authority may, by written notice published on an approved website, declare:
      (a) that a stated day is or is not a working day; or
      (b) that stated times on a day are ordinary business hours on that day.
      (4) Subject to any notice made under subrule (3), in this rule:

      ordinary business hours, on a day, means between 8 am and 5 pm on that day.

      working day means a business day.
      Editorial changes (as from 1st January 2016).

    • GENE 5.1.5 Due date for periodic reports, returns and other documents

      (1) If:
      (a) an authorised firm is required under any rules to give a report, return or other document (however described) to the Regulatory Authority periodically; and
      (b) the firm would, apart from this rule, be required to give a particular report, return or other document of that kind to the authority on a day that is not a working day;
      the firm may give the report, return or other document to the authority on the next working day.
      (2) The Regulatory Authority may, by written notice published on an approved website, declare that a report, return or other document (however described) is a report, return or other document to which this rule applies.
      (3) Subject to any notice made under rule 5.1.4 (3) (a) (Time documents are taken to have been given to Regulatory Authority), in this rule:

      working day means a business day.
      Amended by QFCRA RM 2019-1 (as from 28th March 2019).