(2) Contravention of subsection (1) is punishable by a fine.
If a Relevant Person Fails to comply with a requirement of this Part 14-1 (Ultimate Beneficial Ownership) or notice thereunder, the Registrar of Companies may, after following any relevant procedures set out in these Regulations, strike the Relevant Person off the Register.
CHAPTER 1-INTERPRETATION
179-16 Meaning of Protected Report, Protected Reporter, Worker, and Employer
In this Part:
Protected Report means a report that meets all of the following requirements:
(1) it is about an AIFC Participant or a person connected with a AIFC Participant;
(2) it is made to the AIFC Participant itself or a Person specified or referred to in section 179-17(1) (Protected Reports and Protected Reporters);
(3) if it is made to an authority or officer, the authority or officer is responsible for matters of the kind reported;
(4) it is given in good faith;
(5) it gives information that the reporter reasonably believes shows that any of the following has happened, is happening, or is likely to happen:
(a) a criminal offence (whether under the law of the Republic of Kazakhstan or of another jurisdiction);
(b) a person is in contravention of a legal requirement, or is failing to comply with any legal obligation to which he is subject;
(c) the endangering of the health and safety of an individual;
(d) a breach of an AIFC Participant’s policies and procedures (including, for example, a breach of any code of conduct or policy in relation to ethical behaviour); or
(e) the deliberate concealment of a matter referred to in any of (a) to (d).
Protected Reporter means a Worker who makes a Protected Report.
Worker means:
(1) an individual who has entered into or works under (or, where employment has ceased, worked under):
(a) an express or implied contract of hire under which the other person has the right to control the details of work performance; or
(b) any other contract, whether express or implied and (if it is express) whether oral or in writing, whereby the individual undertakes to do or perform personally any work or services for another party to the contract whose status is not by virtue of the contract that of a client or customer of any profession or business undertaking carried on by the individual;
(2) an individual who is not a worker as defined by (1) but who:
(a) works or worked for a person in circumstances in which he is or was introduced or supplied to do that work by a third person and the terms on which he is or was engaged to do the work are or were in practice substantially determined not by him but by the person for whom he works or worked, by the third person or by both of them;
(b) contracts or contracted with a person, for the purposes of that person's business, for the execution of work to be done in a place not under the control or management of that person and who would therefore fall within (1)(b) if for «personally» in that provision there were substituted»(whether personally or otherwise)»; or
(c) is or was provided with work experience provided pursuant to a training course or programme or with training for employment (or with both) otherwise than under a contract of employment or on a course provided by any university, college, school or other educational establishment.
Employer means:
(1) in relation to a Worker falling within (1)(a) of the definition of «Worker», the person by whom the worker is (or, where employment has ceased, was) employed;
(2) in relation to a Worker falling within (2)(a) of the definition of «Worker», the person who substantially determines or determined the terms on which he is or was engaged; or
(3) in relation to a Worker falling within (2)(c) of the definition of «Worker», the person providing the work experience or training.
CHAPTER 2-RIGHTS AND REMEDIES FOR WHISTLEBLOWERS
179-17 Protected Reports and Protected Reporters
(1) A Protected Report shall be protected provided that it is made to:
(a) the AIFC Participant concerned;
(b) an auditor of the AIFC Participant or a member of the audit team;
(c) a legal adviser in the course of obtaining legal advice;
(d) a prosecuting authority;
(e) a law enforcement authority;
(f) an AIFC Body;
(g) a regulatory or governmental authority, body or agency in a jurisdiction outside the AIFC (whether in the Republic of Kazakhstan or not), including a body or officeholder responsible for enforcing the criminal law of that jurisdiction; or
(h) any other Person designated under the Acting Law of the AIFC.
(2) An AIFC Participant that receives a report that purports to be a Protected Report:
(a) must treat the individual who made the report as a Protected Reporter; and
(b) must treat the report as a Protected Report;
until the AIFC Participant has decided, acting reasonably and on the basis of a proper investigation, that the report is not a Protected Report.
(3) If an AIFC Participant becomes aware that an individual has made a report that purports to be a Protected Report about the AIFC Participant to a Person specified or referred to in subsection (1), then the AIFC Participant must treat the individual as a Protected Reporter until the AIFC Participant establishes, acting reasonably and on the basis of a proper investigation, that the report is not a Protected Report.
(4) If an AIFC Participant proposes, in accordance with subsections (2) or (3), not to treat an individual as a Protected Reporter or a report as a Protected Report, then it must, where possible, provide adequate notice to that individual in order to allow that individual sufficient time to apply to the AIFC Court for an order pursuant to subsection (5) to retain his status as a Protected Reporter and that of the report as a Protected Report.
(5) The AIFC Court may order an AIFC Participant to:
(a) treat an individual who has made a report as a Protected Reporter; and
(b) treat that report as a Protected Report.
179-18 Right not to suffer detriment
(1) A Protected Reporter has the right:
(a) not to be subjected to any detriment by any act, or any deliberate failure to act, done by:
(і) his Employer;
(ii) another Worker of the Protected Reporter's Employer in the course of that other Worker's employment; or
(iii) an agent of the Protected Reporter's Employer acting with the Employer's authority,
on the ground that the Protected Reporter has made a Protected Report; and
(b) not to be dismissed where the reason (or, if more than one, the principal reason) for the dismissal is that the Protected Reporter has made a Protected Report.
(2) Where a Protected Reporter is subjected to detriment by anything done as mentioned in subsections (1)(a)(ii) or (iii), that thing is treated as also done by the Worker's Employer and it is immaterial, for the purposes of this subsection (2), whether the thing is done with the knowledge or approval of the Worker's Employer.
(3) A Protected Reporter may present a complaint to the AIFC Court that he has been subjected to a detriment in contravention of subsection (1)(a) or he has been dismissed in contravention of subsection (1)(b).
(4) In proceedings against a Protected Reporter's Employer in respect of anything alleged to have been done as mentioned in subsection (1)(a)(ii), it is a defence for the Employer to show that the Employer took all reasonable steps to prevent the other Worker from doing that thing or from doing anything of that description.
(5) A Worker or agent of a Protected Reporter's Employer is not liable by reason of subsections (1)(a)(ii) or (iii) for an act that subjects the Protected Reporter to detriment if:
(a) the Worker or agent does that thing in reliance on a statement by the Employer that doing it does not Contravene this section; and
(b) it is reasonable for the Worker or agent to rely on the statement,
but this does not prevent the Employer from being liable by reason of subsection (2).
(6) A Protected Reporter must not be subject to any civil or contractual Liability for making a Protected Report and no contractual, civil or other remedy or right may be enforced against the Protected Reporter by another Person for making the Protected Report or any consequence resulting from the Protected Report.
(7) Contravention of subsection (1) is punishable by a fine.
179-19 Remedies where detriment is suffered
(1) Where the AIFC Court finds a complaint made under section 179-18(3) (Right not to suffer detriment) well-founded, the AIFC Court:
(a) shall make a declaration to that effect; and
(b) may make an award of compensation to be paid by the Employer to the complainant in respect of the act or failure to act to which the complaint relates.
(2) The amount of the compensation awarded shall be such as the AIFC Court considers just and equitable in all the circumstances having regard to:
(a) the infringement to which the complaint relates;
(b) any loss which is attributable to the act, or failure to act, which infringed the complainant's right; and
(c) the extent to which the complainant has taken steps reasonably available to him to mitigate the loss referred to in subsection (2)(b).
(3) The loss shall be taken to include:
(a) any expenses reasonably incurred by the complainant in consequence of the act, or failure to act, to which the complaint relates; and
(b) loss of any benefit which he might reasonably be expected to have had but for that act or failure to act.
(4) Where the AIFC Court finds that the act, or failure to act, to which the complaint relates was to any extent caused or contributed to by any action of the complainant, it shall reduce the amount of the compensation by such proportion as it considers just and equitable having regard to that finding.
CHAPTER 3-WHISTLEBLOWING POLICIES
179-20 Whistleblowing policy
(1) An AIFC Participant must establish a written policy on whistleblowing that:
(a) is approved by its Governing Body;
(b) complies with this Part; and
(c) is appropriate for the nature, scale and complexity of the AIFC Participant's business.
(2) An AIFC Participant that is a branch, or is a member of a group, may rely on the whistleblowing policy of its head office, or a group-wide whistleblowing policy, provided that the policy substantially complies with this Part.
179-21 Content of whistleblowing policy
(1) An AIFC Participant's whistleblowing policy must comply with all of the following requirements:
(a) it must provide two or more independent channels for making a Protected Report, which may include any two of the following non-exhaustive examples:
(і) a dedicated email address to which reports may be sent;
(ii) a dedicated telephone number over which reports may be made; and
(iii) designated individual(s) within the AIFC Participant to whom reports may be made.
(b) if appropriate, it must provide for a report to be made in a language other than English;
(c) it must recognise that a report may be made by anybody with the necessary information (not only by an officer or employee of the AIFC Participant);
(d) it must allow a Protected Report to be made anonymously;
(e) to the extent that a Protected Reporter's identity is disclosed voluntarily or is revealed to, or inferred by, the AIFC Participant following an investigation of the Protected Report, the policy must provide for the identity of that Protected Reporter to be kept confidential (so far as possible);
(f) it must provide for reasonable measures to protect a Protected Reporter, anyone who assists in investigating a Protected Report, and anyone who cooperates with the investigation, against retaliation or detriment;
(g) it must explicitly recognise a Protected Reporter’s right (and, in certain cases, obligation) to report to or communicate with the entities or individuals listed in section 179-17(1) (Protected Reports and Protected Reporters);
(h) it must provide a suitable set of guiding principles, and clear procedures, for the assessment, investigation and escalation of a Protected Report;
(і) it must provide for the investigation of a Protected Report to be independent of the individual or business unit concerned, for example through the appointment of a third party investigator;
(j) it must provide for a Protected Report to be acknowledged by the AIFC Participant, and for the Protected Reporter who made it to be kept informed (to the extent that is appropriate in the circumstances) about the progress and outcome of the investigation;
(k) it must provide for the reporting, monitoring and investigation of retaliation, attempts at retaliation and threats of retaliation against, and any other actions causing detriment to, the Protected Reporter and any Persons that assist in the conduct of the investigation;
(l) it must provide for retaliation, an attempt at retaliation, or a threat of retaliation and any other actions causing detriment to the Protected Reporter or a Person assisting an investigation into a Protected Report to be treated as gross misconduct;
(m) it must provide for appropriate reporting to the AIFC Participant's governing body and the AFSA about Protected Reports, the investigation of such reports and the outcome of the investigations.
(2) The AIFC Participant must set out the policy clearly in a document, and must ensure that all of the firm’s officers and employees have access to, and understand, the document.
(3) The policy must also clearly set out statements of:
(a) the benefits to the AIFC Participant of the whistleblowing policy; and
(b) the AIFC Participant's commitment to it.
179-22 Implementation of whistleblowing policy
(1) The Governing Body of an AIFC Participant must ensure that the AIFC Participant's whistleblowing policy is fully implemented.
(2) In particular, the AIFC Participant's Governing Body must take reasonable steps to ensure that a Protected Reporter, anyone who assists in investigating a Protected Report, and anyone who cooperates in the investigation, are protected against retaliation and any other action causing detriment.
(3) An AIFC Participant must nominate an appropriately senior individual to oversee the implementation of the whistleblowing policy.
(4) An AIFC Participant that receives a Protected Report must notify the AFSA within five business days.
(5) An AIFC Participant's Governing Body must ensure that the whistleblowing policy is reviewed and, if necessary, updated at least once every three years by:
(a) the AIFC Participant’s internal auditor; or
(b) an independent and objective external reviewer.
(6) An AIFC Participant must provide regular training for all of its Employees on its whistleblowing policy and any relevant procedures contained in the policy. In particular, the AIFC Participant must provide appropriate specialist training for the Employees who are responsible for key elements of the policy.
(7) An AIFC Participant may outsource the implementation of its whistleblowing policy. If the AIFC Participant does so, it must ensure that the outsourcing agreement:
(a) nominates the individual referred to in subsection (3); and
(b) otherwise provides appropriately for the implementation of the firm’s obligations under the policy.
(8) In the event that the AIFC Participant outsources the implementation of its whistleblowing policy, its rights and obligations under this Part shall remain unaltered, notwithstanding anything to the contrary in the outsourcing agreement.
CHAPTER 1-BOARD OF DIRECTORS OF THE AFSA
180. Functions of Board of Directors of the AFSA in relation to the Registrar etc.
(1) The Board of Directors of the AFSA may, from time to time:
(a) do anything that it considers necessary or desirable to ensure that the Registrar Exercises the Registrar’s Functions in pursuit of the Registrar’s Objectives; or
(b) review the Registrar’s performance and the use of the Registrar’s resources; or
(c) after consultation with the Governor, give the Registrar Written directions:
(і) to further any of the Registrar’s Objectives; or
(ii) relating to the Exercise of the Registrar’s Functions.
(2) The Board of Directors of the AFSA may delegate any of its Functions, other than a Function under subsection (1), to the Registrar if the Board considers that the Functions may more efficiently and effectively be Exercised by the Registrar.
(3) This section is additional to, and does not limit, any other Function of the Board of Directors of the AFSA, whether the Function is given by or under these Regulations or the Rules or otherwise.
181. Power to adopt Rules etc.
(1) The Board of Directors of the AFSA may adopt Rules prescribing matters:
(a) required or permitted by these Regulations, or any other AIFC Regulations that are Legislation Administered by the Registrar, to be prescribed by the Board by the Rules; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to these Regulations, the Rules or any other Legislation Administered by the Registrar.
(2) However, the Board may not adopt Rules under this section on matters related to the regulation of financial services and related operations in the AIFC.
(3) Without limiting subsection (1), the Board may adopt Rules:
(a) with respect to any matters relating to the Registrar’s Objectives or Functions; or
(b) to facilitate the administration of, or further the purposes of, these Regulations or any Legislation Administered by the Registrar; or
(c) prescribing standard articles of association; or
(d) with respect to the procedures for the imposition or recovery of fines, including any circumstances in which the procedures do not apply to the imposition of a fine; or
(e) setting limits for fines and other penalties that may be imposed for Contraventions of these Regulations; or
(f) the giving of waiver and modification notices under section 195 (Waivers and modifications of certain provisions), including the procedures for the making of application for, or giving of, notices; or
(g) with respect to any of the following:
(і) forms, procedures and requirements under these Regulations, the Rules or any other Legislation Administered by the Registrar;
(ii) the keeping of public registers and databases;
(iii) the conduct of the Registrar and the Registrar’s officers, employees, delegates and agents in relation to the Exercise of Functions, including discretionary Functions and the conduct of investigations and hearings.
(4) Rules adopted by the Board may incorporate standards and codes of practice by reference. A standard or code of practice incorporated into Rules adopted by the Board has the same effect as it had been adopted in the Rules, except so far as the Rules otherwise provide.
(5) Instead of incorporating a standard or code of practice into Rules adopted by the Board, the Board may adopt the standard or code of practice as non-binding guidance for AIFC Participants.
(6) Without limiting subsection (1), Rules adopted by the Board may do any of the following:
(a) make different provision for different cases or circumstances;
(b) include supplementary, incidental and consequential provisions;
(c) make transitional and savings provisions.
(7) If any Rules adopted by the Board purport to be adopted in the exercise of a particular power or powers, the Rules are taken also to be adopted in the exercise of all the powers under which they may be adopted.
(8) Until Rules mentioned in subsection (3)(e) are adopted by the Board, there are no limits on the fines and other penalties that may be imposed for a Contravention of these Regulations.
182. Publication of proposed Rules
(1) Before making Rules under section 181 (Power to adopt Rules etc.), the Board of Directors of the AFSA must publish a notice under this section.
(2) The notice must include, or have attached to it:
(a) a summary of the proposed Rules; and
(b) the text of the Rules; and
(c) a statement of the substance and purpose of the material provisions of the Rules; and
(d) if the Rules incorporate a standard or code of practice by reference—a summary, and the text, of the standard or code of practice and a statement of the substance and purpose of the material provisions of the standard or code of practice.
(3) The notice must invite interested Persons to make representations about the proposed Rules within a stated period of at least 30 days.
(4) Subsections (1), (2) and (3) do not apply to the making of Rules if the Board of Directors of the AFSA considers:
(a) that any delay likely to arise because of complying with those subsections is prejudicial to the interests of the AFSA; or
(b) that the Rules are merely consequential on any other Rules adopted (or proposed to be adopted) by the Board; or
(c) that the Rules do not change, or significantly change, the policy intended to be given effect by these Regulations and the Rules or any other AIFC Regulations or AIFC Rules.
183. Reporting by Registrar
(1) The Registrar must report to the Board of Directors of the AFSA in such a way as the Board of Directors of the AFSA may direct.
The Registrar must make suitable arrangements for keeping appropriate Records in relation to the Exercise of the Registrar’s Functions.
(1) This section applies to an individual (a relevant person) who is the Registrar or an officer, employee, delegate, agent of the Registrar.
(2) A relevant person must disclose all material conflicts of interest that the person has in Exercising the person’s Functions. The disclosure must be made without undue delay to the person to whom the relevant person reports.
(3) A relevant person must not take part in the making of a decision on a matter in relation to which the person has a material conflict of interest.
(4) Contravention of subsection (3) in relation to a decision does not invalidate the decision.
(1) For this section, information is confidential if:
(a) it is received by the Registrar, or an officer, employee, delegate or agent of the Registrar, in the Exercise of a Function under these Regulations, the Rules or any other Legislation Administered by the Registrar; and
(b) it has not been made available to the public in circumstances in which disclosure is not prohibited under these Regulations, the Rules or any other Legislation Administered by the Registrar.
(2) Confidential information must not be disclosed by the Registrar, by an officer, employee, delegate or agent of the Registrar, or by any Person coming into possession of the information, without the consent of the Person to whom the duty of confidentiality is owed.
(3) However, the Registrar may, and must if directed by the Board of Directors of the AFSA, disclose confidential information if the disclosure is:
(a) permitted or required to be made under these Regulations, the Rules or any other AIFC Regulations or AIFC Rules; or
(b) permitted or required to be made by or under any other law; or
(c) made to the AFSA for the purpose of assisting the AFSA to Exercise its regulatory Functions; or
(d) made in good faith for the purposes of the Exercise of the Registrar’s Functions.
188. Annual budget of Registrar
(1) Before the end of each financial year of the AFSA an estimate of the annual income and expenditure of the Registrar for the next financial year must, be submitted to the Board of Directors of the AFSA as a part of the AFSA’s annual budget.
(2) The estimates must include figures relating to levels of remuneration and entitlement to expenses of the Registrar including its officers, employees and agents.
(3) The Board of Directors of the AFSA may, within 30 days after the day it receives estimates for a financial year under subsection (1):
(a) approve the estimates; or
(b) on reasonable grounds, reject them.
(1) The Board of Directors of the AFSA shall provide financial resources to the Registrar from the annual budget available to the AFSA to enable the Registrar to Exercise the Registrar’s Functions in an adequate manner.
(2) The Rules may require the payment to the AFSA of fees in respect of:
(a) the Exercise by the Registrar of prescribed Functions under or for these Regulations, the Rules or any other Legislation Administered by the Registrar, including the receipt by the Registrar of any Document that is required to be given or delivered to, or filed with, the Registrar (however described);
(b) the inspection of Documents or other material held by the Registrar under these Regulations, the Rules or any other Legislation Administered by the Registrar; and
(c) the Post-Registration Procedures service provided by the Registrar under these Regulations, the Rules or any other Legislation Administered by the Registrar.
(3) The Registrar may charge a fee for any services provided by the Registrar otherwise than under an obligation imposed on the Registrar by or under these Regulations, the Rules or any other Legislation Administered by the Registrar.
(4) If a fee is prescribed or charged under this section for the Exercise of a Function, or the provision of services, by the Registrar, no action needs to be taken by the Registrar until the fee is paid and, if the fee is payable on the receipt by the Registrar of a Document required to be given or delivered to, or filed with, the Registrar (however described), the Registrar is taken not to have received the Document until the fee is paid.
(1) The Registrar must keep proper accounts of the Registrar’s financial activities and provide such information to the Board of Directors of the AFSA as they may require to enable the AFSA to satisfy any accounting and audit requests applicable to it.
(1) Neither the Registrar, the AFSA, nor an officer, employee, delegate or agent of the Registrar or AFSA, can be held liable for anything done or omitted to be done in the Exercise or purported Exercise of the Functions of the Registrar or the Board of Directors of the AFSA under these Regulations, the Rules or any other Legislation Administered by the Registrar.
(2) Subsection (1) does not apply in relation to an act or omission if the act or omission is shown to have been in bad faith.
194. Independent review of Registrar
(1) The Governor may appoint an independent Person (the reviewer) to review and report to the Governor on any aspect of the efficiency and effectiveness of the Registrar in the use of the Registrar’s resources.
(2) The office of the Governor must meet the reasonable expenses incurred by the reviewer in conducting the review and preparing the report.
(3) The reviewer has a right of access, at all reasonable times, to all information that is held or controlled by any officer, employee or agent of the Registrar and that is reasonably required by the reviewer for the purposes of the review.
(4) The reviewer is entitled reasonably to require from the Registrar, and the officers, employees and agents of the Registrar, the information and explanations that the reviewer considers necessary for the purposes of the review.
(5) A Person must not, without reasonable excuse, intentionally engage in conduct that obstructs or hinders the reviewer in the Exercise of the reviewer’s Functions under this section.
195. Waivers and modifications of certain provisions
(1) In this section:
relevant provision means a provision of these Regulations, the Rules, or any other Legislation Administered by the Registrar, or any provision of other Regulations and Rules declared by the Rules to be a provision to which this section applies.
(2) On the application or with the consent of a Person, the Registrar may, by Written notice, provide that 1 or more relevant provisions:
(a) do not apply to the Person; or
(b) apply to the Person with the modifications stated in the notice.
(3) The notice may be given subject to conditions.
(4) If the notice is given subject to conditions, the Person must comply with the conditions. If the Person Contravenes a condition, the Registrar may, without limiting the Registrar’s other powers, apply to the Court for the order that the Registrar considers appropriate, including an order that the Person comply with the condition, whether or not in a specified way.
(5) Unless the Registrar is satisfied that it is inappropriate or unnecessary to do so, the Registrar must publish a notice under subsection (2) in a way the Registrar considers appropriate for bringing the notice to the attention of:
(a) Persons likely to be affected by it; and
(b) others who may be likely to become subject to a similar notice.
(6) The Registrar may withdraw or vary a notice under subsection (2), on the Registrar’s own initiative or on the application of the Person to whom the notice applies.
196. Obligation of disclosure to Registrar
(1) A Regulated Entity or auditor of a Regulated Entity must disclose to the Registrar any matter that reasonably tends to show:
(a) that the Regulated Entity has or may have Contravened these Regulations; or
(b) anything else prescribed by the Rules or any other Legislation Administered by the Registrar.
(2) Contravention of subsection (1) is punishable by a fine.
(3) Subsection (1) does not require disclosure of a privileged communication.
(4) A Regulated Entity must establish and maintain appropriate systems and internal procedures to enable it to comply with subsection (1).
(5) Any provision in an agreement between a Regulated Entity and a Relevant Person for the Regulated Entity or an auditor, is void so far as it purports to hinder any Person from causing or assisting a Regulated Entity to comply with an obligation under subsection (1).
(6) A Person must not be subjected to detriment, loss or damage merely because the Person does anything to cause or assist a Regulated Entity to comply with an obligation under subsection (1).
(7) The Court may, on the application of an aggrieved Person, make any order for relief if the Person has been subjected to any detriment, loss or damage referred to in subsection (6).
(8) In this section:
auditor includes a Person who is registered by the Registrar as an auditor under these Regulations.
privileged communication means a communication attracting a privilege arising from the provision of professional legal advice or any other advice to which the relationship of lawyer and client or other similar relationship applies but does not include a communication to which a general duty of confidentiality only applies.
Regulated Entity has the meaning given by section 158(2) (Application and interpretation of Part 14).
Relevant Person, for a Regulated Entity, has the meaning given by section 158(3) and (4).
(1) A Person is not liable to any proceedings, subject to any Liability, or in Breach of any duty, merely because the Person gives or produces any information or Document to the Registrar in good faith, and in the reasonable belief that the information or Document is relevant to any of the Functions of the Registrar under these Regulations, the Rules or any other Legislation Administered by the Registrar.
(2) This section applies whether the information or Document is given or produced under a requirement at law or otherwise.
(1) In this section:
procedural irregularity includes a defect, irregularity or deficiency of notice or time.
procedure means any procedure, including, for example, the making of a decision, the conduct of a hearing, the giving of a notice, and any proceeding, whether or not a legal proceeding.
(2) A procedure under these Regulations, the Rules or any other Legislation Administered by the Registrar is not invalid because of any procedural irregularity unless the Court declares the procedure to be invalid.
(3) A Person may apply to the Court for an order:
(a) declaring that:
(і) anything purporting to have been done; or
(ii) any procedure purporting to have been commenced or undertaken;
under these Regulations, the Rules or any other Legislation Administered by the Registrar is not invalid because of any Contravention of these Regulations, the Rules or any other Legislation Administered by the Registrar; or
(b) extending or abridging the period for doing anything, or commencing or undertaking any procedure, under these Regulations, the Rules or any other Legislation Administered by the Registrar;
if the thing or procedure is essentially of a procedural nature.
200. Giving false or misleading information to Registrar etc.
(1) A Person must not:
(a) make a statement, or give information, to the Registrar (whether orally, in a Document or in any other way) that is false or misleading in a material particular; or
(b) give a Document to the Registrar that is false or misleading in a material particular; or
(c) conceal information or a Document if the concealment is likely to mislead or deceive the Registrar.
(2) Contravention of this section is punishable by a fine.
201. Compliance with orders etc. of Registrar
(1) If the Registrar makes an order, issues a direction, or makes a requirement, (however described) in relation to a Person under these Regulations, the Rules or any other Legislation Administered by the Registrar, the Person must comply with the order, direction or requirement.
(2) Contravention of this section is punishable by a fine.
202. Notification of Registrar’s decisions and reasons
(1) This section applies if, under these Regulations, the Rules or any other Legislation Administered by the Registrar:
(a) the Registrar makes a decision (including a decision refusing to make a decision) on the application (however described) of a Person (the affected Person for the decision); or
(b) the Registrar makes a decision affecting the interests of a Person (the affected Person for the decision) on the Registrar’s own initiative.
(2) As soon as practicable after the Registrar makes the decision, the Registrar must give the affected Person Written notice of the decision.
(3) Without limiting subsection (2), the notice must:
(a) if the decision is to take effect on the day after the day the notice is given to the Person—state that fact; or
(b) if the decision is to take effect at a different time—specify the time; or
(c) if the decision is to grant or issue (however described) permit, registration or anything else subject to conditions, restrictions or limitations of any kind—state the conditions, restrictions or limitations; or
(d) if the decision is to grant or issue (however described) permit, registration or anything else for a period - specify the period.
(4) The notice must include, or be accompanied by, a statement of the Registrar’s reasons for the decision.
(5) However, if the decision was made on the application (however described) of the affected Person, subsection (4) does not apply to the decision so far as the decision was the decision the affected Person applied for.
(6) Also, subsection (4) does not apply to the decision if a provision of any Legislation Administered by the Registrar expressly provides that the Registrar need not provide reasons for the decision.