1. |
VASPs providing Lending and Borrowing Services shall publish on their website in a prominent place or make available by other publicly accessible means—
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a. |
a detailed description of any actual or potential conflicts of interest arising out of their activities, and how these are managed; |
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b. |
their policies and procedures relating to data privacy, whistleblowing and handling of client complaints; |
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c. |
a statement as to the ability of clients to have access to and withdraw their Virtual Assets, particularly in times of extreme volatility; |
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d. |
a statement as to the VASP’s arrangements for the protection of clients’ assets held by the VASP and how it determines uses of client Virtual Assets, including but not limited to a detailed description of such uses; |
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e. |
a statement as to how they protect client Virtual Assets from counterparty risk, including but not limited to whether the VASP only enters into over-collateralised loans; |
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f. |
a statement as to how in the course of the provision of Lending and Borrowing Services, client Virtual Assets are used and how clients’ interests in respect of those Virtual Assets are thereby respected; |
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g. |
a statement explaining that client Virtual Assets used by the VASP in the course of the provision of Lending and Borrowing Services may be at risk, including the types and nature of such risks, and a statement on the likelihood and severity of any losses which may be suffered; and |
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h. |
a statement as to how liquidity risk is managed.
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2. |
Other disclosable matters. To the extent permissible under applicable laws, VASPs providing Lending and Borrowing Services shall publish on their website or by other publicly accessible means—
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a. |
details of any past convictions or prosecutions of any member[s] of their Senior Management or Board, whether before the courts of the UAE or the courts of another jurisdiction; and |
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b. |
any such other information relating to their business or activities as VARA may reasonably require.
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3. |
The disclosure requirements set out in this Rule I.B of this Lending and Borrowing Services Rulebook are in addition to all disclosures required under the Market Conduct Rulebook and to all notifications to VARA required under the Compliance and Risk Management Rulebook.
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