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    Late Filings to the Registrar

    Operating in ADGM Monitoring and Enforcement Late Filings to the Registrar
    ADGM's late filing penalties and the need for timely compliance

    This page provides information, guidance and FAQs on the Registration Authority’s approach to penalties for late filings, how to appeal a penalty that has been incorrectly issued and what happens if late filing penalties are not paid.

    The Registration Authority encourages all licensed firms to file on time to avoid penalties. Where this doesn’t occur the Registration Authority is committed to ensuring a fair, transparent, and efficient process with respect to dealing with late filings.

    ADGM registered entities are obliged to submit certain filings to the Registrar on an annual basis, as well as when certain events occur, such as a change of director of a company.

    The Registrar has a statutory duty to maintain the ADGM register of companies. To ensure the register’s accuracy and completeness, there are deadlines for submitting filings to the Registrar and penalties for late filings (or failing to file).

    Important Late Filings Process for Completing a Waiver Request Related Policies & Guides FAQs
    Important Late Filings

    Late Fees

    The Registration Authority charges late fees for the following types of applications and filings:

    1. Late submission of commercial licence renewal;
    2. Late filing of change of beneficial owner or controller; and
    3. Late filing of a change of director.

    The late fee is $150 for each month (or part there of) that the application / filing is overdue up to a maximum of $450. The late fee is in addition any applicable filing fee.

    For more information please download the Registration Authority’s Guidance on late filing fees.

    Late Fines

    The Registration Authority imposes late fines for most other filing types in the commercial legislation that have a statutory deadline for filing with the Registrar. Late fines are typically either $150 or $300, depending on the type of filing.

    Waiver Requests

    We understand that errors or exceptional circumstances can happen, and we are here to help you address situations where you may wish to appeal a penalty for a late filing.

    The Registration Authority’s late fines / fees waiver process allows you to request the cancellation of fines or late filing fees in the circumstances set out in the following section.

    Eligibility for Waiver Requests

    Waiver requests are only accepted if they fall within two categories:

    1. Errors:
      • A filing is submitted or document is uploaded to the RA via the Registry System where there is a clear and obvious mistake inputted, for example the year ‘2023’ instead of ‘2024’
      • There has been a system error by ADGM’s Registry system; or
      • An incorrect notification or instruction is received by the company directly from ADGM.
    2. Exceptional Circumstances:
      • Exceptional circumstances include unforeseen and catastrophic events that render a company unable to submit a filing.
    Step-by-Step Process for
    Completing a Waiver Request

    1. Eligibility Check

    Before submitting a waiver request, check that the reason for your application falls within one of the categories above. Waiver requests for any other reason will generally result in the request being rejected.

    2. Submitting a Waiver Request

    For Late Filing Fees - submit your waiver request on the Registry system:

    • Go to the Fines Waiver Request Form.
    • Complete the required fields, including your contact information, late fee details, and include a clear explanation of the grounds for the waiver request.
    • Attach any supporting documentation (e.g., screenshots, emails).
    • Submit

    For Late Filing Fines - submit your waiver request via email:

    • Email: ra.enforcement@adgm.com.
    • Provide the fine details, a clear explanation of the grounds for the waiver request and include your contact information.
    • Attach any supporting documentation (e.g., screenshots, emails).

    3. Initial Review

    After submission, your request will be logged and reviewed to ensure all necessary information is included. You will receive an acknowledgment email once your request is logged.

    4. Evaluation Criteria

    Your request will be evaluated based on:

    • Whether the case falls within one of the acceptable categories (listed above);
    • Clarity of the explanation regarding the error or issue;
    • Supporting documentation provided; and
    • Any relevant context surrounding the filing.

    5. Decision Notification

    You will receive an email notification within 14 business days regarding the status of your request. Possible outcomes include:

    • Approved: The late filing fine or fee is waived.
    • Rejected: The late filing fine or fee remains in effect - an explanation will be provided for rejection.
    • Returned: additional information or documentation is required for the Registration Authority to assess and decide the request.

    For more information download the Registration Authority’s Guidance on waiver requests for late filing penalties.

    Restriction of Services for Unpaid Late Fines and Fees
    Failure to pay late filing fines and fees or obtain a waiver, will result in restrictions to certain services on the Registry system. These restrictions are to foster compliance with filing deadlines, to provide a level playing field on payment of fines and fees, and to ultimately maintain the integrity of the ADGM register of companies.
    How Unpaid Fines and Fees Affect Your Business

    Suspension of Access to Services: If late filing fines or fees remain unpaid for 30 days, access to certain services will be suspended until the outstanding amounts are paid.

    This includes, but is not limited to the following types of services:

    • Certificates of Good Standing,
    • Certificates of Incumbency, and
    • Requests for Registrar certified documents.
     

    For more information please download the  Registration Authority’s Services Restriction Policy.

    It is essential to resolve any outstanding fines or fees promptly to avoid service disruptions. If you wish to appeal the late filing fine or late filing fee please refer to the information above on how to request a waiver.

    Related Policies and Guides

    For more information on our late fees, waivers, and service restrictions, please refer to the following detailed guides and policies:

    Restricted Services Policy

    This policy explains when and how services may be restricted for overdue fines and fees. It outlines the process for suspension and restriction of services due to outstanding fines and fees.

    Guidance on late filing fees

    This guide provides a detailed explanation of the late fee structure, how fees are calculated, and the timelines for payment. It also outlines how fees accumulate over time.

    View Guidance
    Guidance on waiver requests for late filing penalties

    This guide explains the process for submitting waiver requests, the eligibility requirements, and how each request is evaluated.

    View Guidance
    Frequently Asked Questions

    What are late filing penalties?

    Late filing penalties are fines / fees that are automatically imposed under ADGM’s commercial legislation for failure to deliver certain filings to the Registrar within the statutory timeframe  

    Why are fines / fees imposed for late filings?

    The purpose of late filing penalties is to encourage the timely delivery of filings to the Registrar.  

    Maintaining the public register of companies (“the public register”) is a key statutory function of the RA. One of the RA’s core objectives is to ensure the accuracy, timeliness and quality of information on the public register.  

    In order for the public register to contain accurate and timely information, most ADGM legal entities are required to file notifications of changes in certain particulars, as well as confirmation statements and annual accounts within prescribed timeframes.   

    In respect of annual accounts, the filing is required for a variety of reasons including to understand the solvency of companies in ADGM. Annual account filings are generally due within either six (6) or nine (9) months of a company’s accounting reference date, for a public or private company respectively.  

    For guidance on other notification types, please refer to the RA’s Event Driven Filings (EDF) Guide, available at www.adgm.com.  

    How much are the late filing penalties?

    The amount of late filing penalty is dependent on the type of filing and how long it is overdue.

    How to avoid a late filing penalty?

    Late filing penalties can be avoided by putting procedures in place to ensure that when a filing obligation is triggered, a filing is prepared and submitted to the Registrar within the prescribed period for filing.  

    For annual accounts, for example, the Registration Authority’s registry system will send multiple reminder emails to the company’s registered users leading up to the deadline for submitting the accounts.  

    How to deliver filings to the Registration Authority?

    Filings should be made to the Registration Authority electronically via the Registry System.  

    What is the timeline to submit a waiver request?

    Waiver requests must be submitted within 30 days of the fine or fee being triggered. Requests after 30 days may not be accepted unless there are exceptional circumstances.

    How long does the waiver request process take?

    Most requests are processed within 14 business days, but more complex cases may require additional time.

    Can I submit a waiver request for multiple fines or late fees?

    Each fine or late fee must have a separate waiver request, even if they are related to the same error.

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