• GENE Part 5A.2 GENE Part 5A.2 Rules about giving written notices

    • GENE 5A.2.1 How written notices may be given

      (1) Where the Regulatory Authority is required to give a person a written notice, the authority may do so by any means that the authority reasonably believes will bring the notice to the person's attention.
      (2) In particular, and without limiting subrule (1), the authority may give a person a written notice:
      (a) personally;
      (b) electronically; or
      (c) by post.
      Editorial changes (as from 1st January 2016).

    • GENE 5A.2.2 Giving written notices personally

      (1) A written notice is given to a person (the intended recipient) personally if:
      (a) where the intended recipient is an individual — it is given to him or her directly;
      (b) where the intended recipient is not an individual — it is given to an individual who is a member, or an employee or representative, of the intended recipient;
      (c) it is given to another person (for example, a solicitor) who the intended recipient has nominated to receive the notice; or
      (d) it is left at the intended recipient's principal place of business or place of residence last notified to the authority.
      (2) If a written notice is left at the intended recipient's principal place of business or place of residence, it is given to the intended recipient personally for this rule if:
      (a) it is given to a person at the place who is:
      (i) apparently 16 years old or older;
      (ii) apparently employed at the place or resident at the place, as the case requires; and
      (iii) apparently capable of ensuring that the intended recipient receives it; or
      (b) it is otherwise left at the place in such a way that it can reasonably be expected to come to the intended recipient's attention.
      Editorial changes (as from 1st January 2016).

    • GENE 5A.2.3 Giving written notices electronically

      (1) A written notice is given to a person (the intended recipient) electronically if the notice is sent electronically to:
      (a) the intended recipient's fax number or email address notified to the Regulatory Authority; or
      (b) if there is no such fax number or email address — any other electronic address at which the authority reasonably believes that the notice will come to the intended recipient's attention.
      (2) For subrule (1), a written notice is sent electronically if the notice:
      (a) is incorporated in or attached to an email message;
      (b) is sent by fax; or
      (c) is placed on a website where the intended recipient:
      (i) is able to have access to it; and
      (ii) is likely to become aware of it.
      (3) In this rule:

      electronic address means:
      (a) a fax number;
      (b) an email address; or
      (c) a person's user identity on an electronic communication facility (for example, a social networking website).
      Editorial changes (as from 1st January 2016).

    • GENE 5A.2.4 Giving written notices by post

      (1) A written notice is given to a person by post if the notice is properly pre-paid, posted and addressed to:
      (a) the person's post office box notified to the Regulatory Authority; or
      (b) if there is no such post office box — to any other post office box, or any other address, at which the authority reasonably believes that the notice will reach the person.
      Amended by QFCRA RM/2014-1 (as from 1st February 2014).

    • GENE 5A.2.5 When written notice is taken to have been given

      (1) If a written notice is given to a person electronically during working hours, the person is taken to have been given the notice on the day on which the notice was sent.
      (2) If a written notice is given to a person electronically outside working hours, the person is taken to have been given the notice at 8 am on the next business day after it was sent.
      (3) If a written notice is given by post to a person who is normally resident in the State, the person is taken to have been given the notice on the 3rd working day after the notice is posted.
      (4) If a written notice is given by post to a person who is not normally resident in the State, the person is taken to have been given the notice on the 5th business day after the notice is posted.
      (5) In this rule:

      business day:
      (a) in a place that is in the State, has the meaning given by INAP; and
      (b) in a place that is not in the State, means a day on which banks are open for business.
      Editorial changes (as from 1st January 2016).