Article 101 - Definitions

The following words and phrases shall, unless the contrary intention is implied, have the meanings shown against each of them:

ADDRESS in relation to a Member or Officer of the Investment Club, means:
(a) if an individual, his usual residential address; and
(b) if an Entity, its registered or principal office
AFFILIATED COMPANY any Subsidiary, Holding Company or other member of the same Group
AML/CFT LAW the Law No. (4) of 2010 on Anti-Money Laundering and Combating the Financing of Terrorism, as amended from time to time.
ASSET any estate or interest (whether present or future, vested or contingent, or tangible or intangible) in immovables or property of any kind, and includes without limitation, for example—
(a) money of any currency; and
(b) other negotiable or non-negotiable instruments of any kind; and
(c) any right to interest, dividends, or other income, on or accruing from or generated by immovables or property of any other kind; and
(d) any other things in action; and
(e) any other charge, claim, demand, easement, encumbrance, lien, power, privilege, right, or title, recognised or protected by the law of any jurisdiction over, or in relation to, immovables or property of any other kind;
(f) any other documents evidencing title to, or to any interest in, immovables or property of any other kind; and
(g) such other asset approved by the QFC Authority in writing.
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 QFC or elsewhere
BUSINESS includes every trade, profession and occupation of an Investment Club but subject to Article 10 and Article 13(2)(b).
CALENDAR YEAR a year of the Gregorian calendar
COMPANIES REGULATIONS the QFC Companies Regulations as may be amended form time to time.
CRO the Companies Registration Office established pursuant to Article 7 of the QFC Law
CUSTODIAN a firm authorised to provide custody services by the Regulatory Authority or any other regulatory authority in the State of Qatar.
DOCUMENT any document in writing, including, where permitted, a document in writing in electronic form
ENTITY a Body Corporate or partnership or unincorporated association carrying on business with a view to a profit
GROUP with respect to an Entity:
(a) that Entity;
(b) any Holding Company of the Entity;
(c) any Subsidiary (direct or indirect) of that Entity or of any Holding Company of that Entity.
HOLDING COMPANY an Entity is a Holding Company of another Entity if the second Entity is a Subsidiary of the first Entity
IFRS International Financial Reporting Standards
INSOLVENCY REGULATIONS the QFC Insolvency Regulations as may be amended form time to time
INSOLVENCY RULES The QFC Insolvency Rules as may be amended form time to time
INVESTMENT CLUB a Limited Liability Company (Investment Club) incorporated under these 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
MEMBER a member of an Investment Club as defined in Article 16 of these Regulations.
MINISTER the Minister of Finance of the State
MONTH month of the Gregorian calendar
NAME in relation to a Member or Officer of an Investment Club, means:
(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.
OFFICER any director or secretary of an Investment Club from time to time
ORDINARY RESOLUTION a resolution passed by simple majority of such Members of an Investment Club as (being entitled to do so) vote in person or, where proxies are allowed, by proxy at a meeting of the Investment Club of which notice specifying the intention to propose the resolution has been duly given
PERSON any natural or legal person, Body Corporate, or body unincorporate including a branch, company, partnership, unincorporated association, 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
QFC the Qatar Financial Centre
QFC AUTHORITY the Qatar Financial Centre Authority established pursuant to Article 3 of the QFC Law
QFCA RULES the QFC Authority Rules as may be amended from time to time
QFC CIVIL AND COMMERCIAL COURT The Civil and Commercial court established pursuant to the QFC Law
QFC LAW law No. 7 of 2005 of the State (as amended and/or reenacted)
RECORDS Documents and any other records however stored
REGISTRAR the Registrar of the CRO appointed under Article 13 of the Companies Regulations
REGULATIONS Regulations enacted by the minister in accordance with Article 9 of the QFC Law
REGULATORY AUTHORITY the Regulatory Authority of the QFC established pursuant to Article 8 of the QFC Law
REGULATORY TRIBUNAL the tribunal established by the QFC Law
REVIEW MEETING a special general meeting of Members to be held every 90 days or more frequently to review the performance of the assets of the Investment Club and to make decisions about changes to the assets which make up the portfolio of the Investment Club as provided in these Regulations.
RULES Any rules of the QFC Authority made pursuant to Article 12 of the QFC Authority Regulations or Article 6 of these Regulations, including the QFC Investment Clubs Rules
SCHEDULE a schedule to these Regulations
SHARE a share in the capital of an Investment Club
SENIOR EXECUTIVE FUNCTION has the meaning set out in Article 57 of these Regulations.
SECURITY any of the following:
(a) a Share;
(b) a debt instrument including a sukuk;
(c) a warrant;
(d) a securities receipt;
(e) a unit in a collective investment scheme;
(f) an option contract, to the extent that it's used for hedging purposes and not for speculative trading; and
(g) a futures contract, to the extent that it's used for hedging purposes and not for speculative trading; and
(h) such other security approved by the QFC Authority in writing.
SPECIAL RESOLUTION a resolution passed by at least 75% of such Members of the Investment Club as (being entitled to do so) vote in person or, where proxies are allowed, by proxy at a meeting of the Investment Club of which notice, specifying the intention to propose the resolution as a Special Resolution, has been duly given.
STATE the State of Qatar
SUBSIDIARY an Entity is a Subsidiary of another Entity if 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 Entity through:
(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 Entity is a Subsidiary of another Entity which is itself a Subsidiary of the second Entity
UK GAAP generally accepted accounting principles in the United Kingdom
US GAAP generally accepted accounting principles in the United States
WHOLLY OWNED SUBSIDIARY an Entity is a Wholly Owned Subsidiary of another Entity if the first Entity has no Members except:
(a) the second Entity; and
(b) wholly owned subsidiaries of, or persons acting on behalf of, the second Entity or the second Entity's wholly owned subsidiaries.

Derived (as from 20th December 2016).