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UAE Federal Supreme Court established new principles for taxpayers, tax advisors, and tax litigators in respect of Federal taxes.

Are you aware of the new Tax principles established by the UAE Federal Supreme Court?

No worries, we are decoding the recent tax principles for taxpayers, tax advisors, and tax litigators through our new segment What Does That Mean? Here, things are Swift, Simple, and Sharp!

Key Tax Principles:

1. Legislative Authority Holds the Highest Power: TAXES COME FROM LAWS…

Taxes are determined by laws passed by the government. The court rules about how much tax to pay and how to settle it must come directly from these laws.

2. Following the Law with Precision: NO ROOM FOR MISINTERPRETATION…

Tax decisions by the FTA must follow the law, and due dates for tax payments are based on legal rules, not when the decisions are made. This highlights how crucial is to handle taxes in accordance with the law.

3. Different Penalties for Different Situations: MISTAKES ARE MISTAKES. BUT…

The FTA can penalize you for not paying enough taxes, even if you admit your mistake. But it will be different if you admit a mistake in your tax voluntarily from those for paying your taxes late.

4. Adding Up Penalties for Multiple Mistakes: THERE IS A DIFFERENCE…

If you make errors related to a specific tax law, you’ll face penalties for each mistake you admit, says Article 55 of the VAT Executive Regulation.  Hence, there is a distinction between primary tax laws and how taxes are processed.

5. Following the Right Steps to Get Penalties Waived: ABIDE THE LAWS…

If you want to avoid penalties, you must follow the steps outlined in the Tax Procedures Law. You can’t ask the courts directly to remove penalties which emphasizes the importance of adhering to FTA’s procedures.

In a nutshell by MS

The recent decision by the Federal Supreme Court contributes to the establishment of a fair and organized tax system through the management of taxes in the UAE, emphasizing the significance of law adherence, procedural consistency, and a clear understanding of roles within the tax system. The ruling ensures that individuals and businesses fulfill their financial obligations and maintain the integrity of the UAE’s tax structure. It brings out greater clarity in laws avoiding the complexities and confusion which can ultimately save valuable time for companies.

Disclaimer:  Content posted is for informational & knowledge sharing purposes only and is not intended to be a substitute for professional advice related to tax, finance or accounting. No warranty whatsoever is made in this regard, and it is not intended to provide and should not be relied on for tax or accounting advice. The content posted is subject to future amendments / changes / clarifications in the regulation by the authorities. For any clarifications, you may contact our tax team.

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How Vision 2030 shape Dubai’s financial future by issuing DIFC Innovation Licenses?

Connecting 72 countries with a combined population of approximately 3 billion and an estimated GDP of USD 8 trillion, Dubai, a global FinTech hub, continues to reshape traditional financial services worldwide. Aligned with the ambitious D33 Agenda to position Dubai among the top four global financial hubs by 2033 and the DIFC’s 2030 strategy to shape the future of finance and innovation, the 2nd edition of the Dubai FinTech Summit aims to foster cross-border collaboration and innovation. This event plays a crucial role in transforming the global FinTech sector, supporting the broader goals of the region by issuing new DIFC Innovation Licenses.

Mohammad Alblooshi, CEO of DIFC Innovation Hub.

The DIFC is more than just a location; it functions as an ecosystem that cultivates collaboration and innovation. In 2024, companies within the DIFC community benefit from a collaborative environment, fostering the convergence of ideas, flourishing partnerships, and abundant synergies. This ecosystem-driven approach positions DIFC at the forefront of global financial innovation.

In the transformative landscape of 2024, DIFC stands as a testament to the symbiotic relationship between innovation and financial excellence. The integration of AI, Big Data, and Cloud within the DIFC ecosystem propels companies into the future, enabling them not only to adapt to change but to thrive in it. Situated in the heart of Dubai, DIFC remains the epicenter of financial evolution, where cutting-edge technology and a progressive mindset converge to shape the future of finance.

The DIFC Innovation License: Empowering Tech Pioneers

The DIFC Innovation License, a Commercial License with a subsidized fee structure, serves as a launchpad for technology and innovation firms at any stage of their growth. This sector-agnostic DIFC Innovation License is designed to support firms interested in developing or testing new, novel, or innovative products. These initiatives showcase DIFC’s commitment to nurturing and supporting tech pioneers in their journey towards innovation and success.

What are the key features of the DIFC Innovation License?

1) A subsidized fee structure for 2 to 5 years at USD 1,500 per annum

2) Access to world-class co-working spaces at low costs, and

3) Heavily discounted visa options for team members.

What makes the DIFC Innovation Hub stand out?

  • Attractive licensing and regulations for FinTech companies.
  • Affordable real estate options.
  • Accelerator programs provided by the Fintech Hive.
  • Access to funding from a diverse range of investors.
  • Digital Labs for corporate partnerships and collaborations.
  • A vibrant community of like-minded innovators.

Why Choose MS for your DIFC Innovation License?

Engaging with a reputable corporate service provider like MS within the DIFC can streamline the process of acquiring an innovation license. MS, with its expertise in corporate services, can navigate the regulatory landscape, ensuring compliance with DIFC’s requirements for innovation-driven ventures. Leveraging their knowledge of local regulations and established relationships within the DIFC can accelerate the licensing process, allowing businesses to focus on their innovative pursuits. Collaborating with MS as a corporate service provider in the DIFC offers a tailored approach, combining their proficiency in regulatory matters with the specific needs of businesses aiming to foster innovation within this globally recognized financial hub.

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Dubai: A Rising Hub for Hedge Funds

DIFC positioned as the central hub for Hedge
Funds in the region

Hedge funds are showing increasing interest in Dubai as a gateway to the region, looking to establish a presence in DIFC – a rising global hub for alternative investments and hedge funds. DIFC also boasts a unique offering of ecosystem benefits, particularly for hedge funds, in addition to additional regulatory, infrastructure, and environmental advantages at the emirate level. DIFC has more than 60 hedge funds already registered or in the pipeline and 55% of DIFC-based hedge funds originate from US & UK. The migration of hedge funds to DIFC from other global and regional centres reinforces Dubai’s reputation as the region’s leading financial centre and business capital. It also reflects the emirate’s ability to attract top talent and provide access to large concentrations of public and private capital.

The Dubai Financial Services Authority (DFSA), which is globally recognized for its transparency and governance, has always been an accessible and collaborative regulator. While overseeing the DIFC jurisdiction for almost 20 years now, the DFSA frequently consults with the industry, unlike markets where funds have continued to become frustrated by slow and rigid approaches

DIFC is delighted to welcome our new hedge fund clients to the Centre thereby continuing our remarkable growth as a rising global hub for hedge funds and certainly the region’s largest hedge fund market. Our new clients will manage and grow their business by attracting top global talent and by tapping into deep pools of public and private capital accessible in, and from Dubai.

Salmaan Jaffery, Chief Business Development Officer, DIFC Authority,

Alongside an environment of ambitious innovation, the DIFC ecosystem also provides the perfect set of partners for funds and their portfolio managers looking to establish in Dubai. Hedge funds can hit the ground running with unparalleled access to high-caliber professional advisors, including law firms, consultancies, and tax specialists within the Centre

DIFC’s world-class ecosystem and infrastructure to support hedge fund capabilities

DIFC is the largest financial services ecosystem in the region and has become a preferred destination for financial institutions from all sectors. It is widely regarded as being on par with the world’s leading financial centres.
Financial institutions, hedge funds included, recognize DIFC’s governmental support, ease of doing business, market-leading operating environment, innovation offering, depth of ecosystem, and forward-thinking legal and regulatory framework. The quality and range of DIFC’s independent regulation, common law framework, supportive infrastructure, and tax-friendly regime make it an ideal base to satisfy the region’s rapidly growing demand for financial and business services.

A regulatory framework that fosters facilitation and aligns seamlessly with international standards.

DIFC’s regulatory model centres on an independent risk-based regulator, the Dubai Financial Services Authority (DFSA), closely modeled on legislation employed in London and New York. In addition to granting licenses, the DFSA regulates all financial institutions, including hedge funds, in DIFC and oversees a legislative system that is consistent with English Common law – the global standard for financial services. The regulator also consults on prospective regulations with industry stakeholders. DIFC has its own set of civil and commercial laws and regulations, in addition to an independent judicial system represented by DIFC Courts, which have exclusive jurisdiction over all civil and commercial disputes arising within DIFC and relating to DIFC-registered entities. The Centre has also made several enhancements for hedge fund clients looking to domicile both their manager and funds at DIFC. It waives DIFC registration costs, reduces regulatory capital, and lowers regulatory fees by as much as 60–80 percent. Hedge funds based in DIFC can be set up as Qualified Investor Funds, Public Funds, or Exempt Funds. The latter are subject to lower regulation in DIFC as they are open to accredited or professional clients only. These funds are also subject to lower base capital requirements – USD 70,000 as opposed to USD 500,000 for public funds – and a fast-track application process which the DFSA aims to complete within five days.

Hedge Funds in DIFC

The Fund Manager of a Hedge Fund is responsible for ensuring that risks associated with the Fund are adequately managed by:

Ensuring that there is adequate segregation of duties between the investment function and the Fund valuation process;

Observing best practice standards and guidance issued by the DFSA, in particular, the DFSA Hedge Fund Code of Practice; and

Observing the requirements that relate to the appointment of prime brokers with authority to combine the assets of the Fund with any other assets, which can only be done in respect of Exempt Funds, and not Public Funds.

DFSA Hedge fund can be a Public Fund or a Professional Fund

Public Funds

Public Funds are open to Retail Clients (as defined by the DIFC), and hence subject to higher levels of regulation. The other features of a Public Fund in the DIFC are:

  1. No minimum subscription limit.
  2. Units are offered to the general public.
  3. Can have any number of unit-holders.
  4. Have to comply with IOSCO principles.

Exempt Funds

Exempt Funds are open only to Professional Clients (as defined by the DIFC). The other features of an EF are:

  1. Minimum subscription of US$ 50,000.
  2. Units are offered to persons only by way of a Private Placement.

Qualified Investor Funds

Qualified Investor Funds are open only to Professional Clients (as defined by the DIFC). The other features of a QIF are:

  1. Minimum subscription of US$ 500,000.
  2. Units are offered to persons only by way of a Private Placement.

We offer end-to-end support for Hedge Fund license applications, guiding you through the entire process. From initial consultations to authorization assistance and the preparation of legal documentation, MS Facilitators ensure your application aligns seamlessly with the DFSA Rulebook, guaranteeing comprehensiveness and compliance.

Our comprehensive services encompass:

  • Evaluation of your business model and advisory services on the relevant regulatory framework.
  • Crafting the Regulatory Business Plan and developing thorough financial projections.
  • Drafting all necessary policies, processes, and manuals.
  • Providing Outsourced Compliance Officer, Outsourced Risk Officer, and Outsourced Finance Officer services.
  • Finalizing the legal structure, including the establishment of a holding company and customization of Memorandums.
  • Completing leased space arrangements, facilitating bank account opening, and securing Financial Services Permissions.
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DIFC Family Business: A Quick Overview of Evolution and Arrangements

The business landscape in the United Arab Emirates (UAE) is witnessing a profound transformation with the enactment of the Dubai International Financial Centre (DIFC) Family Arrangements Regulations. This regulatory evolution, effective from January 31, 2023, marks a decisive shift from the Single-Family Office (SFO) regime, aligning seamlessly with the recently introduced UAE Family Business Law. In this blog post, we delve into the intricacies of these regulations and their implications on the landscape of family businesses within the DIFC.

A Strategic Transition:

The journey begins with a graceful transition for Single Family Offices (SFOs) as they evolve into Family Offices under the new regulations. The transition period, extending until January 31, 2024, provides entities with the necessary time to adapt to the regulatory nuances.

Simplified Registration Process:

Noteworthy is the simplification of the registration process. Family Offices are no longer bound to register as Designated Non-Financial Businesses or Professions (DNFBP) with the Dubai Financial Services Authority (DFSA). However, the landscape is nuanced for multi-family offices, necessitating DFSA authorization and licensing for those engaging in financial services for multiple families.

Certification and Accreditation Programs:

Recognizing the unique needs of family businesses, the DIFC introduces certification and accreditation programs. These programs are designed to fortify the support system for family businesses and their advisors, aligning with the overarching goals of the UAE Family Business Law.

Flexibility for Single Families:

The regulations extend flexibility for Single Families, allowing Family Entities or Family Offices to operate beyond the DIFC’s jurisdiction. This flexibility is contingent upon demonstrating a substantial presence in the UAE and appointing a Corporate Service Provider as a registered agent in the DIFC.

Confidentiality at the Forefront:

Confidentiality takes centre stage in the regulatory landscape. The DIFC maintains a special Family Businesses register, offering a private repository for sensitive information, shielding it from public disclosure. This move underscores a commitment to safeguarding the proprietary details of family businesses.

Licensing Requirements and Minimum Net Asset:

To be licensed as a Family Office, entities must meet specific criteria. Submission of relevant documentation and maintaining a minimum net asset requirement of USD 50 million are central to the licensing process. The assessment of net assets can be determined through fair market value or a book value assessment.

Alternative Dispute Resolution (ADR):

The regulations lay a robust foundation for Alternative Dispute Resolution (ADR) within Family Structures. This provision allows for arbitration to resolve disputes, aligning with the UAE Family Business Law’s emphasis on establishing committees in each Emirate to oversee family business disputes.

In conclusion, the DIFC Family Arrangements Regulations emerge not merely as a legal framework but as a strategic commitment by the DIFC to nurture the growth and success of family businesses in the region. As the DIFC launches the Global Family Business and Private Family Wealth Centre, it underscores its dedication to providing unparalleled support for family businesses, ultra-high net worth individuals, and private wealth offices operating within its jurisdiction. These regulations set the stage for a more transparent, flexible, and supportive environment, reflecting the evolving needs of family businesses in the dynamic landscape of the DIFC.

How MS can help?

MS stands as the premier service provider in DIFC, offering a suite of tailored solutions for family offices. Our expertise spans advisory, meticulous family office formation, streamlined re-domicile services, and efficient management/administration. Elevate your experience with our bespoke concierge services, ensuring unparalleled support. With a commitment to excellence, MS is your trusted partner, providing comprehensive, integrated solutions that empower and advance family offices in the dynamic landscape of the Dubai International Financial Centre.

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2024: Unveiling the Future – AI, Big Data, and Cloud Transforming Finance at DIFC

Pioneering Financial Evolution with AI, Big Data, and Cloud

As we enter 2024, the financial landscape is evolving at an unprecedented pace, driven by the transformative forces of Artificial Intelligence (AI), Big Data, and Cloud technology. At the heart of this evolution, DIFC emerges as a thriving hub, empowering financial service providers with unparalleled opportunities.

“The world of finance is undergoing significant transformation as innovation continues to revolutionize the industry. During 2024, we expect AI, Big Data and Cloud to play a significant role in driving the future of finance.” –

Arif Amiri ( Chief Executive Officer of DIFC Authority )

DIFC: A Nexus of Innovation

The journey of digital economies, initiated in the 1990s and accelerated during the dot com boom, saw a resurgence around 2001. Today, technology remains the backbone for facilitating information, goods, and service exchanges in digital economies. Governments and financial centers, like Dubai International Financial Centre (DIFC), create frameworks and regulations to stimulate financial innovation.

Sandboxes, prevalent in the Middle East, provide a safe space for organizations to test new ideas. The pandemic has further fuelled the adoption of digital technology, with Dubai and the wider UAE at the forefront of embracing a digital strategy. DIFC, hosting over 800 companies, prioritizes innovation and identifies three trends shaping the future of finance: Artificial Intelligence (AI), Data, and Cloud.

Deploying AI

AI plays a pivotal role in the finance industry, particularly in combatting financial crime. Collaborations like the Mastercard Global Cyber Forward program with DIFC focus on enhancing readiness against cyber threats, incorporating AI elements. Additionally, DIFC’s Dubai AI and Web3 Campus launched the Artificial Intelligence Transformation Programme, a flexible corporate accelerator aimed at future-proofing regional businesses by boosting their AI capabilities. This initiative not only strengthens Dubai’s global competitiveness but also fosters talent, encourages innovation, and propels economic growth.

Data Mastery

Data’s pivotal role in digitizing financial services is evident, shaping risk assessment, sales modeling, pricing, marketing, relationships, and decision-making. DIFC, envisioning the future of finance, pioneered the first data privacy regulations in the Middle East, Africa, and South Asia, encompassing AI and machine learning. With 20 years of financial prominence, DIFC’s advanced data privacy laws and robust IP protection for innovative solutions set regional benchmarks. Ethical data processing, especially in AI and machine learning, remains a priority, with ongoing efforts for testing use cases through consultation, inspection, and supervision.

Accelerating Cloud Migration in Finance

While cloud technology, offering remote access to storage and data assets, seems ideal for the finance sector, its adoption has been relatively slow due to complexities. Early adopters are typically digital-first new banks or traditional banks undergoing significant digital transformations. Migrating to the cloud necessitates education and cross-team integration, involving product development, marketing, risk, compliance, and IT teams. Despite some still opting for data centers, many financial players embrace cloud technologies for data storage, reaping benefits like organizational restructuring, operational efficiency, informed decision-making, and enhanced product planning. For finance leaders, understanding the potential of AI, data, and cloud is vital for driving strategic innovation in the future of finance.

The DIFC Advantage in 2024

DIFC isn’t just a location; it’s an ecosystem that fosters collaboration and innovation. In 2024, companies within the DIFC community benefit from a collaborative environment where ideas converge, partnerships flourish, and synergies abound. This ecosystem-driven approach propels DIFC to the forefront of global financial innovation.

As we navigate the transformative landscape of 2024, DIFC stands as a testament to the symbiotic relationship between innovation and financial excellence. The integration of AI, Big Data, and Cloud within the DIFC ecosystem propels companies into the future, allowing them to not only adapt to change but to thrive in it. In the heart of Dubai, DIFC remains the epicenter of financial evolution, where cutting-edge technology and a progressive mindset converge to shape the future of finance.

How Can MS Elevate Your Journey in 2024?

At MS, we understand the pulse of innovation and are here to guide you through every step. Our comprehensive suite of services, ranging from strategic advisory, seamless business setup, and compliance services to robust FO & MLRO solutions, as well as top-notch accounting & tax services, is designed to be your compass in navigating this transformative era. Let’s not just adapt to change, but lead the change together. Elevate your financial endeavors with MS, where expertise meets innovation.

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Best ever time for a tech startup entry: DIFC’s wallet-friendly ‘Innovation License’ sparks tech revolution in the UAE

Quick overview of the DIFC Innovation license

The Middle East has witnessed a surge in technological advancements and a flourishing tech ecosystem in recent years. Among the driving forces behind this growth is the Dubai International Financial Centre (DIFC), which has positioned itself as a hub for innovation and technology. At the heart of DIFC’s strategy lies the Innovation License, a catalyst for fostering cutting-edge technology firms across various sectors.

With endless opportunities for growth, the DIFC Innovation Hub provides you cost effective licences, cutting-edge co-working spaces, discounted visas and access to the AED 1 billion Dubai Future District Fund.

The DIFC Innovation License: A Launchpad for Tech Pioneers

1. Overview of the Innovation License:

The DIFC Innovation License is a Commercial License with a subsidized fee structure designed to support technology and innovation firms at any stage of their growth. It serves as a launchpad for firms interested in developing or testing new, novel, or innovative products. The license is sector-agnostic, catering to a diverse range of tech startups.

2. Fee Structure and Benefits:

  • The license is subsidized for 2 to 5 years at a rate of USD 1,500 per annum.
  • Access to world-class co-working spaces at low costs.
  • Heavily discounted visa options for team members.

3. Focus on Cutting-Edge Technologies:

The DIFC emphasizes firms leveraging advanced technologies such as Artificial Intelligence, machine learning, blockchain, Web3, and more. The objective is to create a thriving ecosystem of tech innovators.

DIFC’s Evolution: From Fintech to All-Tech

1. Expansion of Startup Benefits:

Originally targeting Fintech players through the DIFC Fintech Hive, the benefits of startup licenses were extended to include a broader spectrum of tech startups—EdTech, RegTech, and all technology-based enterprises.

2. Current Landscape:

  • Over 700 innovation licenses are currently operating from the DIFC.
  • The focus remains on fostering innovation in products and services.

The Innovation Testing License (ITL): A Regulatory Sandbox

1. Regulatory Support for Testing:

The ITL, offered by the Dubai Financial Services Authority (DFSA), provides a controlled environment for startups to test innovative products and services.

It does not eliminate regulation but serves as a gateway for startups to test their products with live clients.

2. Technology Focus:

Startups deploying technologies falling under regulatory purview, such as money services and robo-advisories, opt for the ITL.

The DIFC Innovation Hub: A Comprehensive Ecosystem

Components of the Innovation Hub:

  • Attractive licensing and regulations for FinTech companies.
  • Affordable real estate options.
  • Accelerator programs provided by the Fintech Hive.
  • Access to funding from a diverse range of investors.
  • Digital Labs for corporate partnerships and collaborations.
  • A vibrant community of like-minded innovators.

Qualifying Requirements for DIFC Innovation License:

1. Exclusions:

  • The entity cannot conduct financial services or engage in crypto-related activities, excluding the creation (but not the sale) of NFTs.
  • No trading or selling of products is allowed.

2. Requirements for Eligibility:

  • The entity must provide a type of technology, such as software solutions, AI, technology R&D, blockchain, etc.
  • Physical presence within DIFC, with a flexible desk at co-working spaces.

The DIFC Innovation License stands as a testament to Dubai’s commitment to fostering technological innovation. With a focus on providing comprehensive support, including subsidized fees, co-working spaces, and access to a vibrant community, DIFC continues to play a pivotal role in shaping the future of technology in the Middle East. As the tech ecosystem evolves, the Innovation License remains a key driver for startups seeking to make their mark in the region.

Why Choose MS at DIFC for Your Innovation License?     

Engaging with a reputable service provider like MS within the DIFC can streamline the process of acquiring an innovation license. MS, with its expertise in corporate services, can navigate the regulatory landscape, ensuring compliance with DIFC’s requirements for innovation-driven ventures. Leveraging their knowledge of local regulations and established relationships within the DIFC can expedite the licensing process, allowing businesses to focus on their innovative pursuits. Collaborating with MS as a professional service provider in the DIFC offers a tailored approach, combining their proficiency in regulatory matters with the specific needs of businesses aiming to foster innovation within this globally recognized financial hub.

Contact us: [email protected]

Call us at +971 50 998 7454

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CAT 3C DIFC License: Your Concise Guide

Guide to the CAT 3C DIFC License 

The IFC stands among the globe’s top ten onshore financial centres, providing a secure and efficient platform for businesses and financial institutions to engage with the emerging markets of the region. With the high quality and independence of the DIFC’s regulator, a robust common law framework, outstanding infrastructure, and tax advantages, it serves as an ideal hub to capitalize on the escalating demand for financial and business services in the MENASA region.

Wealth & Asset Management

The DIFC stands out as the favored destination for Wealth and Asset Management firms in the MEASA Region.

These firms enjoy the advantages of The Centre’s sophisticated international ecosystem, including:

  1. A world-class legal and regulatory framework.
  2. A collaborative approach fostering partnerships between clients, regulators, and authorities.
  3. A substantial industry size exceeding USD 450 billion in Wealth and Asset Management within the DIFC.
  4. A noteworthy USD 165 billion in Assets Under Management (AUM) is managed within the DIFC.
  5. A current count of over 330+ companies engaged in Wealth and Asset Management operations.

Wealth Management

The Centre is a prime hub for regional wealth management in the rapidly growing MEASA region, known for accelerated wealth accumulation. Key areas of interest include investment and portfolio management, estate planning, Sharia-compliant wealth management, and real estate and financial advisory. DIFC provides diverse market entry options and regulated licenses. A representative office supports marketing, information provision, and referrals, while a category four license enables asset raising and client relationship management. Additionally, a category three license allows comprehensive portfolio management, making DIFC a strategic base for navigating the dynamic MEASA landscape.

Asset Management

The Centre is an ideal hub for diverse wealth and asset management companies, supporting the development and management of public, private, Sharia-compliant, and qualified funds. DIFC offers regulated licenses, including representative offices for marketing services, information provision, and promotions. A category four license allows asset raising and full client relationship management, while a category three license permits comprehensive portfolio management, making DIFC a strategic choice for varied financial enterprises.

Fund Management
The MEASA region’s expanding wealth demands specialized fund management services. Institutions and high-net-worth individuals seek regional experts for intricate investment needs. DIFC’s legislative framework ensures a secure environment, attracting local, regional, and global players to domicile, manage, and distribute funds. DIFC stands out as the largest fund management jurisdiction in the region, setting the pace with its supportive regulatory regime.


Private Equity

Companies in the MEASA region seek private capital, including international sources, to fuel their growth. Private equity is increasingly attractive to family firms and conglomerates, providing capital and management expertise as they grow in size and complexity. Fragmented industries are ripe for consolidation through private equity. Governments explore private-public partnerships, offering additional opportunities. The growing appetite from institutions and high-net-worth individuals for MEASA-focused private equity creates an investor base for regional funds. DIFC, centrally located for regional deal-making, provides an ideal platform with tailored fund structures and licensing options, establishing a unique regional hub for launching, distributing, managing, and domiciling various private equity funds.   

Hedge Funds

Positioned as a crossroads between the East and West, Dubai serves as a pivotal hub for global trade and investment. The strategic location of DIFC provides hedge funds with an optimal gateway to tap into the high-growth emerging markets of the Middle East, Asia, and Africa. A significant majority of hedge funds established in DIFC, approximately two-thirds, hail from the United States and the United Kingdom, boasting the inclusion of two among the world’s ten largest hedge funds.

Venture Capital Firms
DIFC offers an optimal setting for venture capitalists to establish a foothold in Dubai and invest in innovative technologies and enterprises. Dubai boasts a significant share, one-third, of all MENA investors. Various funding sources, including growth-stage funding, angel investors, and the Dubai Future District Fund, contribute to the vibrant ecosystem. Launched in 2020, the AED 1 billion fund targets attracting leading global and regional capital to expedite the growth of the digital economy.

Establishing a financial entity in DIFC is straightforward, involving a streamlined process of five sequential steps:

  1. Submit your interest.
  2. Apply for DFSA Authorisation:

  3. Furnish the DFSA with a regulatory business plan.
  4. Lodge your application with the DFSA.
  5. The DFSA will conduct a thorough final review and provide a recommendation. Upon approval, the DFSA will issue an “in-principle” letter, typically valid for three months.
  • Registered Address: Select and officially register the location within DIFC where your entity will operate.
  • Register with DIFC: Fulfill the prerequisites for registering the entity in DIFC to acquire both the Certificate and the License.
  • Authorization by DFSA: Upon satisfying all DFSA prerequisites, you will be granted DFSA Authorization.

Costs for setting up in DIFC – Dubai International financial centre

The DFSA oversees the assessment and approval of financial services applications, with costs varying based on the specific activities sought, placing the applicant into one of five categories.

DFSA fees typically consist of two elements: 1) an application processing fee and 2) an annual licensing fee.

1) Application fee – starting from $ 5,000.

2) Annual Licensing – starting from $ 5,000.

Registrar of Companies (DIFC ROC)

The DIFC ROC facilitates the establishment of the legal framework for DIFC Regulated Firms. Shareholders may be individuals or corporations, and various options exist, including ‘Private Company Limited by Shares’ and ‘Limited Liability Partnerships.’ Specifically, for the Private Company Limited by Shares structure, the associated setup costs encompass:

Incorporation Application for a Private Company Limited by Shares: $ 8,000
Commercial License Fees: $ 12,000

Data Protection

The data protection notification is an integral component of the new entity registration process in the DIFC, with associated costs outlined below:

Registration: US$ 1,250

Annual renewal: US$ 500

WHAT APPOINTMENTS ARE MANDATORY FOR A CATEGORY 3C-AUTHORIZED FIRM IN DIFC?

Directors (minimum 2, preferably 3-4) – eligible for outsourcing (NEDs).

Senior Executive Officer (SEO) – In-house, must be a UAE resident (can also serve as a director).

Risk Officer (RO) – eligible for outsourcing.

Finance Officer (FO) – eligible for outsourcing (can also be an Executive Director/Senior Manager).

Money Laundering Reporting Officer (MLRO) – eligible for outsourcing, must be a UAE resident (can also be a Compliance Officer).

Compliance Officer (CO) – eligible for outsourcing, must be a UAE resident (can also be an MLRO)

Our Services – WHY MS?

We offer end-to-end solutions for obtaining a Category 3C DIFC License. Whether you need fintech consulting, support during the authorization process, or help preparing legal documentation, MS guides you through the intricacies of the DFSA Rulebook, ensuring your application is thorough, complete, and compliant.

Our range of services includes:

• Evaluating the business model and providing advice on the relevant regulatory framework.

• Crafting the Regulatory Business Plan and creating detailed financial projections.

• Developing all necessary policies, processes, and manuals.

• Offering Outsourced Compliance Officer and Outsourced Finance Officer services.

• Finalizing the legal structure, including setting up a holding company and customizing Memorandums; and

• Completing the leased space arrangements, assisting with bank account opening, and securing Financial Services Permissions.

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DIFC Introduces Groundbreaking Sustainable Finance Catalyst

Elevating Dubai as a Global Hub for Sustainable Financial Innovation

On the new era of sustainability and resilience, under the COP 28 critical moment for global transformative climate action, DIFC understands and upholds the need of Sustainability is the new future. In a groundbreaking move, the Dubai International Financial Centre (DIFC) has launched the Sustainable Finance Catalyst to mark COP28’s Finance Day, setting ambitious targets to propel sustainable finance flows from Dubai to over USD 100 billion by 2030. Unveiled on Finance Day during COP28 in 2023, this initiative not only solidifies DIFC’s status as the first global sustainable finance hub in the Middle East, Africa, and South Asia (MEASA) region but also marks a significant legacy to the COP28 conference.

Arif Amiri, Chief Executive Officer, DIFC Authority, said: “During DIFC’s Path to COP28 programme we have worked with the global industry to ensure we continue to make a tangible difference through cross-border collaboration and by setting a strong example of global best practice. The Sustainable Finance Catalyst is designed to help scale our efforts enabled by the first AI-driven sustainability knowledge hub, and a network of strategic partners that will train 1 million sustainability leaders and ultimately grow the Centre’s sustainability-driven start-up ecosystem 50 times its current size by 2030.”

At the core of the Sustainable Finance Catalyst is a commitment to harnessing the power of artificial intelligence (AI) through the world’s first AI-driven sustainability knowledge hub. This technological marvel is set to redefine sustainable finance by providing a centralized intelligence unit dedicated to accelerating Dubai’s presence in the global market. The initiative aims to offer rapid and cost-effective access for companies seeking sustainability knowledge, data, and financing solutions.

The Sustainable Finance Catalyst sets forth several key objectives to be achieved by 2030:

  1. USD 100 Billion Sustainable Finance Flows: The catalyst aspires to elevate sustainable finance flows from Dubai to an impressive USD 100 billion, signaling Dubai’s unwavering commitment to becoming a frontrunner in the global sustainable finance arena.
  2. Centralized AI-Driven Sustainability Knowledge Hub: Housed at the state-of-the-art DIFC Innovation One, the catalyst aims to establish itself as Dubai’s premier central intelligence unit on sustainable finance. Its focus on investing in awareness, capability, and innovation positions the city as a global leader in sustainable financial intelligence.
  3. 1 million Trained Sustainability Leaders: The initiative seeks to activate a network of strategic partners to train 1 million sustainability leaders. This investment in human capital underscores the importance of cultivating a skilled workforce to propel sustainable finance practices.
  4. 50x Growth in Sustainability-Driven Start-ups: The Sustainable Finance Catalyst envisions fostering a dynamic ecosystem by catalyzing a 50-fold growth in its sustainability-driven start-up network by 2030. This audacious target underscores the commitment to nurturing innovation and entrepreneurship within the sustainable finance sector.

Dubai is leading the global push for sustainable finance through initiatives like the Sustainable Finance Catalyst. The Dubai International Financial Centre (DIFC) is using advanced technologies, forming key partnerships, and prioritizing education and innovation to make the city’s financial sector more eco-friendly. This effort benefits Dubai and serves as a model for other financial hubs worldwide. The impact of this initiative is expected to reach beyond local borders, influencing sustainable finance on a global level.

How MS can help you in DIFC?

In the heart of the Dubai International Financial Centre (DIFC), MS is your dedicated Corporate Service Provider, tailored to optimize your business journey. Our expert advisory team navigates the nuances of DIFC, providing strategic insights for informed decisions. With us, company formation becomes swift and compliant, establishing a solid foundation for your venture.

Experience seamless financial management through our Finance Officer Services, complemented by security assurance and regulatory compliance with our MLRO role. Our proficiency extends to precise Accounting and Tax Services, ensuring meticulous records and regulatory adherence.

Beyond mere service provision, MS becomes your strategic partner, enhancing and elevating your corporate experience within the vibrant DIFC landscape. Let’s embark on this journey together, shaping success and growth for your business in DIFC.

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Key Control Functions Outsourced in the UAE MLRO & FO

Overview of Money Laundering Reporting Officer (MLRO) & Finance Officer (FO)

Given the rising requirements in the Dubai International Financial Centre (DIFC) and across the wider United Arab Emirates (UAE), along with the growing demands placed on in-house compliance teams, there is an escalated risk associated with falling short of these stringent standards. In such a regulatory landscape, companies operating in the financial services industry face multifaceted challenges, including complex regulatory changes, the need for specialized expertise, and the critical imperative to prevent financial crimes, such as Money Laundering and fraud. MS recognizes these challenges and offers a suite of strategic coordination services tailored to assist UAE-based companies in navigating the intricate world of financial regulation. These services encompass the provisions of key control functions officers, including Money Laundering Reporting Officers (MLRO), and Finance Officers (FO).

1. Money Laundering Reporting Officer (MLRO):

In a climate where money laundering and financial crimes pose significant risks, MS’s MLROs are equipped to identify and report suspicious activities effectively. They guide companies in implementing robust Anti-Money Laundering (AML) and Counter-Terrorist Financing (CFT) programs.

MLROs are instrumental in safeguarding businesses from potential involvement in illicit financial activities, which could have severe consequences for their reputation and regulatory standing.

2. Finance Officer (FO):

MS Finance Officers bring financial expertise to the forefront. They oversee financial operations, ensuring that financial institutions and companies in the UAE are conducting their financial activities legally and ethically. They also implement and maintain robust internal controls and financial processes. Additionally, they also advise on financial strategies to meet compliance requirements while optimizing financial performances.

FOs are pivotal in maintaining transparency, investor confidence, and the prevention of financial fraud by enforcing regulatory compliance and upholding financial standards.

By offering these control function officers, MS enables companies to offload the responsibility of these critical roles to seasoned experts. This allows companies to focus on their core operations and strategic growth, confident in their ability to meet the heightened compliance requirements in the DIFC and throughout the UAE. Moreover, it reduces the risks associated with regulatory non-compliance, safeguarding a company’s reputation, financial well-being, and position in the highly competitive financial sector. MS’s expert officers become invaluable partners in navigating the intricate regulatory landscape while ensuring that companies meet and exceed the required standards.

How MS can help?

MS specializes in providing extensive support across various aspects of your business journey. Through in-depth analyses of your business model, we offer essential guidance within regulatory frameworks and fine-tune models for optimal alignment. Our expert Outsourced Compliance Officer and Outsourced Financial Officer services ensure you navigate regulatory and financial landscapes with confidence. We take care of the legal intricacies, and concluding business structures, including the establishment of holding companies. Throughout the year, we stand as your reliable partner, offering continuous support for compliance, encompassing vital accounting and tax services. Addressing practicalities, we actively guide you through processes like opening bank accounts and securing financial services provisions, enhancing operational efficiency. In essence, our comprehensive suite of services is designed to elevate the overall success, compliance, and efficiency of your business

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Blogs

Distributed Ledger Technology Foundations: a groundbreaking Decentralized autonomous organizations regime in ADGM

Further to Abu Dhabi Global Market’s (ADGM) consultation paper on the creation of specialised foundations for decentralised autonomous organisations (DAOs) in April,2023, on 2 November 2023, the ADGM has officially released the groundbreaking Distributed Ledger Technology Foundations Regulations 2023 (DLT Regulations), marking a significant milestone in the evolution of digital assets regulatory frameworks across the region and at an international level.

The Regulations, the first in the world,  will provide a legal framework for the establishment and operation of distributed ledger technology (DLT) foundations.

A DLT foundation is a legal entity that can hold and manage digital assets for a specified purpose, such as supporting a DLT network or protocol.

How to Register a DLT Foundation?

To register a DLT foundation, the founder is required to submit a charter and accompanying documents to the DLT foundation registrar. Additionally, a specified fee must be paid as part of the registration process. The charter should outline the foundation’s objectives, proposed activities, governance structure, identified beneficiaries, and delineate the rights and responsibilities of tokenholders. Tokenholders, defined as individuals holding or managing tokens issued by the DLT foundation, possess specific voting and information-related privileges.

A DLT foundation is required to maintain a minimum initial asset value of US$ 50,000, with the option to receive further endowments from the founder or other external sources. It’s important to note that the assets of the DLT foundation remain separate from those belonging to the founder, councillors, guardian, and beneficiaries. Importantly, these assets are not governed by foreign laws that could impact their ownership or transfer.

What are the Governance requirements of a DLT Foundation?

The governance of a DLT foundation consists of a foundation council, a guardian, and the tokenholders

The foundation council holds the responsibility of overseeing the management of assets and operations of the DLT foundation, aligning with both the charter and the DLT Regulations. Comprising a minimum of two and a maximum of 16 councillors, each subject to specific qualifications and duties, the council has extended authority in managing the foundation’s assets. It plays a main role in executing the foundation’s objectives and ensuring compliance with its charter and relevant obligations by various organizational bodies.

The foundation council possesses veto rights over decisions made by other governance bodies within the foundation. The guardian is appointed by the founder or the council, and has the role of ensuring that the council acts in accordance with the objects of the DLT foundation. The guardian also has certain powers and duties and may be removed or replaced by the council or the tokenholders.

The tokenholders can either approve or reject certain matters that would have an impact on the DLT foundation, including but not limited to, changes to the charter, migration, by passing qualified or ordinary resolutions.

What are the Reporting obligations of a DLT Foundation?

A DLT foundation is mandated to maintain accounting records and prepare annual accounts, which are subject to independent audit by a Registered Auditor. The accounts must be published on the DLT foundation’s website and filed with the Registrar within six months of the end of the financial year. The Registrar holds the authority to review, amend, or mandate corrections to the accounts and can impose fines for non-compliance. Under specific conditions and approvals, a DLT foundation has the option to migrate to or from the ADGM. Additionally, the dissolution of a DLT foundation can occur through court proceedings, Registrar intervention, or by the decision of tokenholders under certain circumstances. If a DLT foundation is removed from the register, it loses its legal entity status, and its assets may be forfeited to the ADGM. Nevertheless, within six years after removal, a DLT foundation can be reinstated on the register if the court or the Registrar deems it just and equitable to do so

As commented by His Excellency Ahmed Jasim Al Zaabi, Chairman of ADGM on the launch and the enactment of the framework as “Abu Dhabi is rapidly emerging as the destination of choice for global players at the forefront of digital asset development. The introduction of the DLT Foundations Regime marks a revolutionary step forward, reinforcing ADGM’s commitment to a proactive approach rooted in extensive cross-industry dialogue and collaboration with various stakeholders. The new regime serves as a driving force for positive change in the digital assets sector. By transforming the blockchain and Web3 landscape, we are moving towards a future characterized by setting global benchmarks with enhanced transparency and efficiency.”, the rapid evolution of Digital Ledger Technology (DLT) in recent years has positioned it as a central component of the global digital assets sector. As a prominent International Financial Center (IFC), the ADGM continues its dedication to advocating technological innovation and providing support for initiatives within the cryptocurrency realm.

ADGM’s commitment to technological innovation and its proactive approach in crafting the DLT Foundations Regime solidifies its position as a leading International Financial Center. The launch of this framework propels ADGM into a future defined by global benchmarks and enhanced transparency, marking a revolutionary step forward in the digital assets sector.

For further inquiries or discussions on DLT foundations, feel free to reach out to us – MS

Disclaimer:

Registered in Abu Dhabi Global Market (Registered No. 000007218),
We are not an ADGM Registered Corporate Service Provider.