• Part 9.1 Part 9.1 General

    • PRIV 9.1.1 Restitution Orders for Breach of Relevant Requirements

      (1) A private person may apply to the QFC Court for a restitution order if the person suffers loss or damage as a result of a breach of a relevant requirement in relation to a scheme.

      Note 1 This rule is made under Financial Services Regulations, art 65.

      Note 2 Person, QFC Court, breach and relevant requirement are defined in the glossary.
      (2) In this rule:

      private person means—
      (a) an individual, except when acting in the course of conducting any regulated activity; or
      (b) any other person, except when acting in the course of conducting business of any kind.

      Note Regulated activity is defined in the glossary.
      Derived from QFCRA RM/2010-06 (as from 1st January 2011)

    • PRIV 9.1.2 Service of Notices and Other Documents on Unitholders

      (1) If a provision of these rules authorises or requires any notice or other document to be served on a unitholder of a scheme (whether the word 'serve', 'give', 'notify', 'send' or 'tell', or some other word, is used), the notice or other document may be served—
      (a) by sending it by prepaid post to the unitholder's postal address shown in the unitholder register; or
      (b) by leaving it at the unitholder's business or residential address shown in the unitholder register; or
      (c) by sending it to the unitholder using an electronic medium in accordance with rule 9.1.3 (Notices and other documents to be in legible form etc).

      Note Unitholder is defined in r 1.2.5. Document and unitholder register are defined in the glossary.
      (2) Any notice or other document served by post under this rule is taken to have been served when it would have been received in the ordinary course of post.
      (3) For subrule (2), it is presumed (unless evidence sufficient to raise doubt about the presumption is presented) that a postal article sent by prepaid post is received on the 5th business day after the day it is posted.

      Note Business day is defined in the glossary.
      (4) Any document left at an address, or served otherwise than by post, under this rule is taken to have been served on that day.
      Derived from QFCRA RM/2010-06 (as from 1st January 2011)

    • PRIV 9.1.3 Notices and Other Documents to be in Legible Form etc

      (1) If a provision of these rules authorises or requires any notice or other document to be served on, or information to be given to any person (other than the Regulatory Authority), (whether the word 'serve', 'give', 'notify', 'send' or 'tell', or some other word, is used), the document or information must be served or given in a legible form.

      Note Document is defined in the glossary.
      (2) For subrule (1), any form is a legible form if the form—
      (a) is consistent with the knowledge that the person serving the document, or giving the information, has about how the recipient of the document or information wishes or expects to receive it; and
      (b) can be provided in a durable medium by the person serving the document or giving the information; and
      (c) enables the recipient to know or record the time of receipt; and
      (d) is reasonable in the context.
      (3) In these rules, any requirement that a document be signed may be satisfied by an electronic signature or electronic evidence of assent.
      Derived from QFCRA RM/2010-06 (as from 1st January 2011)