Compliance and Eligibility Assessment Quiz
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Questions and Answers

What is a crucial factor for determining financial eligibility?

  • Regular payment of commercial debts and obligations (correct)
  • Having a wealthy background
  • Possessing a high credit score
  • Not having been involved in any lawsuits

Which of the following is a requirement for assessing experience and efficiency?

  • Obtaining an advanced degree
  • Participation in community service
  • Providing evidence of prior relevant experience (correct)
  • Having a network of industry contacts

What must not exist regarding honesty and integrity for the eligibility process?

  • Judicial lawsuits or investigations related to fraud (correct)
  • Incomplete financial records
  • Criminal records in unrelated fields
  • Previous employment references

To comply with legal standards, which is essential?

<p>Adherence to financial activity legislations (D)</p> Signup and view all the answers

What should the entity's records be free from concerning safety and reputation?

<p>Matters causing prejudice or damage to the Authority (A)</p> Signup and view all the answers

What does not meet the criteria for eligibility concerning criminal records?

<p>No involvement in financial crimes ever (D)</p> Signup and view all the answers

Which of the following is required from the licensed body regarding international compliance?

<p>Not being listed in UN sanctions lists (A)</p> Signup and view all the answers

What does financial capability assessment require?

<p>Clarification of incidental and future obligations (C)</p> Signup and view all the answers

What is the primary role of a risks officer in a firm?

<p>To provide advice to the board concerning risks (C)</p> Signup and view all the answers

What should compliance applicants ensure regarding compliance officers?

<p>Compliance officers must have access to resources and records (D)</p> Signup and view all the answers

Which mechanism is necessary for internal auditors to maintain their independence?

<p>They must face no interference in their functions (B)</p> Signup and view all the answers

What is an essential aspect of the compliance regulation guide that applicants must provide?

<p>Policies ensuring access to sufficient resources (A)</p> Signup and view all the answers

What must internal auditors have access to according to the guidelines?

<p>Relevant records and information at all times (C)</p> Signup and view all the answers

What is the purpose of mechanisms for reporting compliance violations?

<p>To provide immediate reporting and rectification (A)</p> Signup and view all the answers

What must the internal audit processes evaluate according to the guidelines?

<p>Appropriateness and efficiency of rules and procedures (B)</p> Signup and view all the answers

How can compliance officers ensure they function effectively?

<p>By having access to resources and independent information (D)</p> Signup and view all the answers

What must licence applicants include in the outsourcing guide?

<p>Procedures for effective supervision of outsourced jobs. (C)</p> Signup and view all the answers

Which of the following is NOT a requirement for outsourcing according to the guidelines?

<p>Outsourcing all main tasks to external parties. (A)</p> Signup and view all the answers

What is required before outsourcing any tasks?

<p>A written outsourcing contract with the outsourced party. (B)</p> Signup and view all the answers

Which procedure must be in place to manage outsourcing risks?

<p>Plans for emergency and crisis management. (B)</p> Signup and view all the answers

What document must be provided to the Authority immediately after entering into an outsourcing contract?

<p>A copy of the written outsourcing contract. (B)</p> Signup and view all the answers

What should procedures for supervision of outsourced tasks ensure?

<p>Compliance with outsourcing conditions. (C)</p> Signup and view all the answers

Which aspect must outsourcing arrangements NOT affect according to the guidelines?

<p>Obligations towards clients and the Authority. (A)</p> Signup and view all the answers

What is a necessary procedure for managing failures by the outsourced party?

<p>Establishing procedures to handle defaults or breaches. (D)</p> Signup and view all the answers

What is one of the obligations of the general partner of a private equity fund?

<p>Calculating the net asset value every three months (D)</p> Signup and view all the answers

How often must a private equity fund perform a more detailed valuation of its assets?

<p>Annually (C)</p> Signup and view all the answers

What percentage of its assets must a venture capital fund invest at least in specified high-risk assets?

<p>70% (D)</p> Signup and view all the answers

Which of the following is NOT a condition that must be satisfied by a venture capital fund?

<p>Investing primarily in real estate (B)</p> Signup and view all the answers

What is the maximum percentage of assets that a venture capital fund can invest in permitted public investment opportunities?

<p>30% (C)</p> Signup and view all the answers

Which of the following investments is allowed for a venture capital fund?

<p>Equity instruments issued by companies not listed in the regulated primary market (B)</p> Signup and view all the answers

Which statement is true regarding the borrowing percentage determined by the general partner of a private equity fund?

<p>It must comply with the fund’s investment policy. (A)</p> Signup and view all the answers

What is the maximum amount a venture capital fund can lend to a distressed project?

<p>30% of the fund’s assets (A)</p> Signup and view all the answers

What is the primary purpose of an exchange-traded fund (ETF)?

<p>To track the components of a determined index. (B)</p> Signup and view all the answers

Which of the following is NOT a requirement for an ETF to offer its units in the State?

<p>Listing its units on multiple foreign markets. (A)</p> Signup and view all the answers

What characteristic does the index tracked by an ETF need to have?

<p>A knowable and defined target that reflects its market or sector. (B)</p> Signup and view all the answers

What information must the ETF prospectus include?

<p>Details of the index tracked by the ETF. (C)</p> Signup and view all the answers

How can an ETF choose to represent the index it tracks?

<p>By selecting a sample that reflects the index using a specific correlation coefficient. (A)</p> Signup and view all the answers

What is a common argument in favor of index tracking funds?

<p>They typically offer low operating expenses. (C)</p> Signup and view all the answers

What should the spread between offer and bid prices depend upon?

<p>The net value of the ETF's assets. (C)</p> Signup and view all the answers

What must the components of the index tracked by the ETF demonstrate?

<p>Adequate liquidity. (C)</p> Signup and view all the answers

What must the assets exchanged in an in-kind transfer not be subject to?

<p>Legal disputes (A)</p> Signup and view all the answers

Which of the following is a requirement for shares provided by an investor in an investment fund?

<p>They must be liquidated. (C)</p> Signup and view all the answers

How many evaluators are required to value the in-kind shares?

<p>Two evaluators (B)</p> Signup and view all the answers

What experience is required for an evaluator of in-kind shares?

<p>Five years of experience in any evaluation field (D)</p> Signup and view all the answers

Which of the following is NOT a condition for in-kind shares during evaluation?

<p>They must be from listed companies. (A)</p> Signup and view all the answers

What type of professionals must evaluate assets that do not have announced market prices?

<p>Licensed financial advisers by the Authority (C)</p> Signup and view all the answers

Which obligation is NOT placed on evaluators of in-kind shares?

<p>Maintaining joint interests with fund founders (B)</p> Signup and view all the answers

Which entity must receive the evaluation reports aside from the management company?

<p>The board of directors (D)</p> Signup and view all the answers

Flashcards

Financial Eligibility

A financial applicant must show they are responsible with their finances by consistently paying commercial debts, banking loans and fulfilling legal obligations. Proof of ability to handle future financial responsibilities is also required.

Experience and Efficiency

An applicant must demonstrate that they possess the necessary skills and experience in the field of financial activity. This includes proven experience managing risk effectively within the field.

Honesty and Integrity

Financial applicants must provide accurate and complete information and documents. Their records should be clear of any activities that could negatively impact the safety or reputation of the state or authorities.

Compliance

A financial applicant must demonstrate adherence to all relevant legal requirements for operating within the financial sector as well as general legislation. This includes absence of administrative sanctions from authorities.

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No Sanctions List

An applicant's name should not appear on any international sanction lists issued by organizations like the UN. These lists typically include individuals or entities associated with activities like money laundering, terrorism financing or illegal organizations.

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Clean Criminal Record

Applicant, their partners, or board of directors must have a clean record. They should not be involved in any serious crimes or violations within the past five years, nor have moderate violations within the past two years.

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No Ongoing Investigations

Applicants are expected to have a clear record with no active investigations, either administrative or criminal, pending at the time of submitting their application.

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Practical Experience

The applicant must demonstrate an understanding of the financial activity, be capable of managing risks effectively and possess experience applying that knowledge in a practical setting. This includes experience managing financial operations and mitigating risk.

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Due diligence for outsourcing

Ensuring that the chosen external party meets all necessary standards and qualifications before entrusting them with tasks.

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Effective supervision of outsourced work

Maintaining oversight of outsourced work to ensure tasks are completed correctly and obligations are met.

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Emergency and risk management for outsourcing

Having a plan for handling emergencies and mitigating risks related to outsourcing.

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Impact of outsourcing on obligations and control

Making sure that outsourcing doesn't hinder the ability to fulfill obligations to clients, the Authority, and maintain control.

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Confidentiality of data in outsourcing

Protecting confidential information and data when outsourcing tasks to external parties.

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Outsourcing limits

The core functions of the license applicant cannot be entirely outsourced to other companies.

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Outsourcing contract

The written agreement between the license applicant company and the external party performing the outsourced work.

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Providing contract details to the Authority

Providing the Authority with copies of the outsourcing contract and any subsequent modifications.

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What are the general partner's responsibilities in a private equity fund?

The general partner manages every aspect of the private equity fund, including its assets, investments, and operational decisions, aligning with the fund's investment strategy.

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How often does a private equity fund conduct a detailed asset valuation?

At least once a year, the general partner must perform a detailed valuation of the fund's assets based on the financial reports of the companies where the fund invests.

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When does a private equity fund calculate its net asset value?

A private equity fund must calculate its net asset value and unit price every three months, using international valuation standards and fair value principles.

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What is a venture capital fund?

A venture capital fund invests in high-risk assets, such as new projects, innovative technologies, or distressed companies, with the potential for high returns.

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What are the main investment areas for a venture capital fund?

At least 70% of a venture capital fund's assets must be invested in either equity instruments of unlisted companies, loans to unlisted companies, or loans to new or distressed projects.

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Can a venture capital fund invest in other venture capital funds?

A venture capital fund can invest in other venture capital funds but these investments must be limited to no more than 10% of the fund's assets.

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What are the regulations for venture capital funds?

Venture capital funds are subject to similar regulations as other investment funds but also have specific investment restrictions defined by law.

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What is the limit for a venture capital fund's investment in publicly listed companies?

A venture capital fund can invest in publicly traded companies but such investments cannot exceed 30% of its total assets.

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What is an ETF?

An open-ended investment fund that tracks the components of a specific index, providing investors with broad market exposure.

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What is the Index in an ETF?

The specific index that an ETF tracks. Examples include the S&P 500 or a sector-specific index.

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What is the ETF Prospectus?

The document that provides detailed information about an ETF, including its investment strategy, fees, and risks.

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What is the Spread in an ETF?

The difference between the buying price (ask) and the selling price (bid) of an ETF unit.

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What is the Issuance and Redemption Mechanism?

The way an ETF's units are issued and redeemed.

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What is the Maximum Deviation of an ETF?

The allowed deviation of an ETF's performance from the index it tracks.

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What is Adequate Liquidity of an ETF's components?

The minimum liquidity of an ETF's underlying components.

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What is the ETF's Investment Policy?

The ETF's investment strategy, outlining how it invests in the components of the index.

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Who receives the evaluation reports?

The evaluation reports must be shared with certain key parties, including the fund's management company, investment manager, administrative services company, and auditor. The reports must also be provided to the SCA as requested.

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What is the crucial requirement regarding the in-kind shares evaluator?

The individual or team responsible for assessing the fair value of in-kind shares must be independent from the fund and any related parties. This prevents potential conflicts of interest and ensures an unbiased assessment.

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What is a primary requirement for in-kind shares?

In-kind shares must be able to be sold easily, meaning they can be converted into cash without significant difficulty. This ensures the fund can liquidate the shares if necessary.

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How are in-kind shares valued?

In-kind shares must be valued by two independent evaluators, and the lower value of the two assessments is used. This practice helps ensure a conservative and reasonable valuation.

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What is a key requirement for in-kind shares evaluators?

The evaluator must have extensive experience in evaluating assets, including a minimum of three years specifically in the field of evaluating in-kind shares. This ensures they have the necessary expertise.

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What type of licensing is required for in-kind shares evaluators?

In addition to general licensing requirements, evaluators of in-kind shares must also possess a specific license or approval from the relevant authority for valuation. This signifies they are qualified to perform evaluations.

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When must the evaluators be licensed financial advisers?

If there are no publicly announced market prices for the in-kind shares at the time of evaluation, if the last announced price is over three months old, or if trading is limited and inactive, both evaluators must be licensed financial advisers. This helps ensure a reliable valuation in these situations.

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How must in-kind shares align with the fund?

The in-kind shares must be consistent with the investment fund's prospectus and investment policy. This ensures that the shares align with the intended investment strategy and objectives.

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Risk Management

Identification, evaluation, and management of risks, ensuring the risk officer advises the board and senior management.

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Risk Control

Clear processes to monitor and control identified risks, ensuring the firm's financial health.

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Compliance Regulation Guide

A guide that outlines the policies and processes for ensuring compliance with relevant legislation.

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Compliance Officer Resources

The compliance officer must have independent access to resources, including qualified employees.

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Compliance Officer Access

The compliance officer has unrestricted access to records, board of directors, and senior management.

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Compliance Violation Response

Immediate reporting and corrective actions are taken for any compliance violations.

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Internal Audit Regulation Guide

A guide outlining the procedures and mechanisms for internal audits to ensure compliance with rules and regulations.

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Internal Auditor Independence and Access

The internal auditor works independently and has access to all records and information.

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Study Notes

Chapter Two: Licensed Bodies

  • Chapter Two covers Licensed Bodies, with approximately 14 of the 100 exam questions coming from this area.
  • Topics include General Provisions, Licensing Financial Activities, and Further Licence Applicant Requirements.
  • These topics will be examined on page 39, 39, 44, and 47 of the syllabus

1. General Provisions

  • Legal Status, Place of Business, and Close Ties: Licensed bodies must disclose their legal status (Article 8), state of emergency (Article 9), place of business (Article 10), and close ties (Article 11). This disclosure is crucial for oversight and transparency. The licensed body must also disclose to third parties that it has been licensed by the authority, its category, and the financial activities it performs.

  • Emergency Procedures: In case of an emergency beyond a firm's control (fire, electricity outage), the firm isn´t required to meet the normal disclosure obligations. However, they must notify the Authority and detail their response plan immediately.

  • Authority's Logo: Using the Authority´s logo without permission is prohibited.

  • Place of Business: The head office must be within the UAE's geographic boundaries unless otherwise approved. This office serves as the central decision-making and operational location for the licensed body. Branches are permitted but require prior approval.

  • Close Ties: The authority requires notice of any close ties between the licensed body and other entities to ensure effective oversight. These ties must not hinder the Authority´s supervisory role.

2. Licensing Financial Activities

  • Licensing Categories: The syllabus lists various financial activities that can be licensed, including Trading Broker, Trading and Clearing Broker, International Market Broker, etc.

  • Regulatory Standards: Legal approval and appropriate regulation of the listed financial activities are necessary.

3. Further Licence Applicant Requirements

  • Governance, Administration, Employees, and Technical Systems: Applicants must demonstrate compliance with administrative regulations, including a defined hierarchy and conflict-resolution mechanisms within their senior management. Clear duties, and responsibilities for board members are mandatory, as is ensuring their understanding of limits. Technical systems for protecting and managing information must be included, with a process for handling cyber risks and reporting breaches.

  • Risk Management, Compliance, and Internal Audit: Comprehensive risk management policies and procedures are essential. A robust compliance framework, guaranteeing adherence to all applicable regulations, is mandated. A well-structured internal audit process reflecting efficiency and independence is crucial.

  • Outsourcing: Outsourcing of tasks, either within or outside the UAE, must adhere to established guidelines to avoid conflict or gaps in responsibility.

  • Complaints Handling: Clear policies and procedures must be in place to address complaints from clients fairly, order, and promptly. This includes appropriate recording, communication with the complainant, and a process for escalating the complaint until resolution.

End of Chapter Questions

  • A series of questions appear detailing specific requirements regarding licensed bodies

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Test your knowledge on the key factors and requirements for financial eligibility and compliance. This quiz covers aspects such as honesty, integrity, financial capability, and roles within an organization. Gain a deeper understanding of eligibility processes and compliance regulations.

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