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Comply with confidence: A guide to DIFC Audit Requirements and Filings

The DIFC Companies Law (DIFC Law No. 5 of 2018) is a crucial piece of legislation that governs all companies registered within the Dubai International Financial Centre (DIFC). This law supersedes the previous Companies Law (DIFC Law No. 2 of 2009) and represents a significant shift towards aligning the DIFC with the highest international standards for transparency and accountability.

Here’s a comprehensive breakdown of the key points outlined in the DIFC Companies Law:

Who needs to comply with DIFC Audit Requirements?

The DIFC Companies Law applies to all companies registered within the DIFC, with the exception of those classified as “small private companies.” These small private companies are defined as having no more than 20 shareholders and an annual turnover of USD 5 million or less.

What are the DIFC Audit Requirements?

Companies that don’t qualify as “small private companies” under the DIFC Companies Law are subject to mandatory annual audits of their financial accounts. These audited accounts must be submitted electronically through the DIFC Client Portal within a timeframe of 7 months following the conclusion of their financial year.

Additional Obligations for DIFC Companies

  • The DIFC Companies Law imposes several other important requirements on registered companies:
  • All companies registered in the DIFC are initially classified as Private Companies. Within 30 days of establishment, companies have the option to declare themselves as Public if they have 50 or more stockholders and are publicly listed.
  • Private firms with 20 or more shareholders and an annual turnover of USD 5 million or less must employ an auditor to file audited financial statements. These statements must be submitted online through the DIFC Client Portal within 7 months of the financial year-end.

Note: The first financial year of a company begins on the day of incorporation, lasting for a maximum of eighteen (18) months as determined by the Directors. Subsequent financial years commence at the end of the previous year and last for twelve (12) months, adjustable within a seven-day range as per the Director’s discretion.

  • All DIFC firms are required to establish a Register of Ultimate Beneficial Ownership (UBO) to enhance transparency and combat financial crime.
  • There is a submission of a Validation Statement, which must be filed during the License Renewal process. (Previously, it was Annual Report Return)

Additionally, the regulated firms must submit regulatory return auditor’s reports to the DIFC, along with client, insurance, safe custody, and fund auditor’s reports.

The Governing Authorities of the DIFC

Three distinct governing authorities oversee DIFC companies audit regulations, each with its specific role:

  1. Dubai International Financial Centre Authority (DIFCA): Established by UAE Law No. 9 of 2004, the DIFCA acts as the controlling authority responsible for managing and facilitating the development of companies within the DIFC. Its primary objective lies in formulating and implementing relevant regulations and standards.
  2. Dubai Financial Services Authority (DFSA): Also established under UAE Law No. 9 of 2004, the DFSA functions as an independent regulator for financial services conducted within or from the DIFC zone. The DFSA plays a critical role in overseeing regulated firms and enforcing compliance with the relevant regulations.
  3. The DIFC Courts: Created by UAE Law No. 9 of 2004, the DIFC Courts operate as a self-governing judicial system within the free zone. They are empowered to resolve all types of civil and commercial disputes that arise within the DIFC.

Beyond Audits: Essential DIFC Filings

In addition to mandatory audits, DIFC companies are obligated to file a variety of other documents to ensure ongoing compliance with the law. These filings include:

  1. Notice of allotment of shares
  2. Annual return
  3. Annual general meeting
  4. Appointment of auditor
  5. Cessation of auditor
  6. Financial statements
  7. Renewal of commercial license
  8. Name change
  9. Address change
  10. Change of officeholders
  11. Change of members
  12. Increase/reduction in share capital
  13. Transfer/sale of shares
  14. Amendment to the articles of association
  15. Dissolution of an LTD

These filings serve the important purpose of upholding the integrity of the DIFC’s financial services industry and fostering trust among all stakeholders involved. As the landscape of compliance continues to evolve, staying up-to-date and strategically positioned can have a significant positive impact on a company’s future success within the DIFC. Taking proactive steps to ensure your company’s compliance with the DIFC Companies Law can help you avoid potential penalties and navigate the regulatory environment with confidence.

MS as your helping hand in DIFC Audit Requirements Compliance

MS can assist you with tasks like determining if a company qualifies as a “small private company” exempt from mandatory audits, preparing the necessary financial statements for audits, filing audited accounts electronically through the DIFC Client Portal, and keeping up-to-date on the latest DIFC Companies Law regulations to ensure all filing requirements are met. By providing this kind of comprehensive support, we can help DIFC companies navigate the audit process smoothly and efficiently.

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Dubai FinTech Summit 2024: Shaping the Future of Global Finance

The curtains have closed on the Dubai FinTech Summit 2024, leaving behind a trail of impactful insights, groundbreaking discussions, and promising opportunities. Hosted at the prestigious Madinat Jumeirah and under the esteemed patronage of H.H. Sheikh Maktoum bin Mohammed bin Rashid Al Maktoum, Deputy Ruler of Dubai, Deputy Prime Minister, Minister of Finance, and President of the Dubai International Financial Centre (DIFC). The summit, organized by the DIFC Innovation Hub, unfolded over two days of dynamic exchanges and networking.

A convergence of minds

Gathering over 8,000+ decision-makers, 300+ thought leaders, and 200+ exhibitors, the Summit served as a vibrant hub of ideas, innovations, and collaborations. In his opening speech, H.E. Essa Kazim, Governor of DIFC, energized the audience with his visionary outlook, welcoming the arrival of 1,000 fintech and innovation funds to Dubai. This symbolized Dubai’s strong commitment to economic growth and fostering innovation, setting the stage for a future full of opportunities and progress.

Arif Amiri, CEO of DIFC highlighted the seismic shifts in the global fintech sector. As Dubai’s fintech scene is booming, the revenue has shot up six times and the cryptocurrency market here is worth a massive $3 trillion. Experts predict digital payments will surge to $10 trillion. It’s a sign of incredible growth and opportunity in Dubai’s fintech sector.

The summit buzzed with excitement as experts explored the dynamic changes in finance fuelled by technology. Beyond innovation, the focus was on inclusivity and making sustainability a core part of our lives. It was a powerful reminder that our choices today shape the future of finance and the world we live in.

Navigating the technological terrain

In FinTech, technology takes the lead, offering great benefits like better risk management and smoother customer interactions. But it also brings challenges. To make the most of it, we need to be flexible with regulations and ready to tackle problems head-on.

Fintech and global connectivity

The summit revealed FinTech’s vital role in connecting global finance. By streamlining cross-border transactions, reducing risks, and enhancing transparency, FinTech emerges as a powerful force driving inclusive economic growth and reinforcing geopolitical stability.

The Evolution of Family Business in Dubai

Hosting over 120 of the world’s wealthiest families and their enterprises, DIFC has become a global hub for family wealth. It enhances Dubai’s reputation as a global financial centre, attracting significant investment and talent to the city. Its influence extends far beyond the present; DIFC’s strategic initiatives are laying the foundation for Dubai’s future prosperity.

The future of Fintech

Dubai’s future in fintech relies on breaking down barriers and promoting transparency. With the ambitious D33 agenda driving its efforts, Dubai aims to rank among the world’s top four financial hubs. Through collaboration, inclusivity, transparency, and trust-building, Dubai pioneers a finance future that transcends numbers, connecting people and opportunities globally.

The Dubai FinTech Summit marks a new wave of financial innovation and growth for the global financial sector. As a hub of forward-thinking leadership, the summit boldly addressed industry challenges, driving innovation to new heights. The event concluded with the exciting announcement of the 3rd edition of the Dubai FinTech Summit, set for 7-8 May 2025, under the visionary guidance of His Highness Sheikh Maktoum. This highly anticipated gathering promises to catalyse significant momentum, driving the future of FinTech forward on a global scale.

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Ensuring AML compliance in the UAE: What you need to know to avoid trouble

The United Arab Emirates (UAE) has stringent Anti-Money Laundering (AML) regulations aimed at combating financial crime and ensuring the integrity of its financial system. Entities operating in various financial sectors, from payment services to digital assets, are subject to licensing and compliance requirements set forth by the UAE government.

Let’s delve into the specifics of these regulations, their enforcement, and the consequences of non-compliance.

Establishing Criminal Violations

To prove a criminal violation of money laundering laws in the UAE, the government must establish that a person has knowingly engaged in acts such as:

  • Transferring or moving proceeds to conceal their illicit source.
  • Concealing the true nature or source of the proceeds.
  • Acquiring, possessing, or using the proceeds.
  • Assisting the perpetrator of the predicate offense to escape punishment.

The UAE also identifies various predicate offenses linked to money laundering, including fraud, counterfeiting, narcotics trafficking, tax crimes, and more. Tax offenses, including tax evasion, can also constitute predicate offenses. Extraterritorial jurisdiction applies to money laundering offenses if any acts are committed in the UAE or if the results are intended for the UAE. Similarly, predicate offenses may be prosecuted in the UAE if punishable in both the UAE and the country where they occurred.

Laws Prohibiting Money Laundering

The UAE’s principal federal anti-money laundering laws include:

  • Federal Decree Law No. (20) of 2018: Focuses on Anti-Money Laundering, Combating the Financing of Terrorism, and Financing of Illegal Organizations.
  • Cabinet Resolution No. (10) of 2019: Serves as the implementing regulation for Decree Law No. (20) of 2018.
  • Federal Penal Law No. 31 of 2021: Includes provisions related to money laundering offenses.

Penalties for Violations

Penalties for individuals convicted of money laundering range from one to 10 years imprisonment and fines between AED 100,000 and AED 5 million. Companies face fines ranging from AED 500,000 to AED 50 million. Additionally, failure to report suspicious transactions or tipping off can result in imprisonment or fines.

AML Compliance Requirements

Various laws and regulations impose AML compliance obligations on financial institutions, designated non-financial businesses and professionals (DNFBPs), virtual asset service providers (VASPs), and non-profit organizations (NPOs). Regulated entities must adhere to these requirements.

Types of Institutions Subject to AML Rules

Institutions subject to AML rules include banks, exchange houses, insurance companies, fund managers, real estate agents, lawyers, accountants, and virtual asset service providers. These entities play a crucial role in detecting and deterring money laundering and terrorist financing activities. Compliance officers and MLROs are crucial for ensuring AML compliance. Individuals can face enforcement actions, including fines and bans, for violations.

Licensing and Regulation of Payment Services and Money Transmitters

Activities such as stored value services, electronic payments, retail payment services, and card schemes require licensing from the Central Bank of the UAE (CBUAE). Money or value transfer services (MVTS) providers must also be licensed or registered with the competent supervisory authority. Compliance with AML/CTF controls, as outlined in the Cabinet Resolution, is mandatory for these entities.

AML compliance Rules for Digital Assets and Virtual Asset Service Providers (VASPs)

VASPs must comply with federal AML laws and regulatory requirements. The SCA’s Decision and Dubai’s Law No. 4 of 2022 regulate activities related to crypto assets. The ADGM and DFSA have issued guidelines and frameworks for regulating virtual asset activities.

Specific AML Compliance Requirements

Regulated entities must:

  • Identify, assess, and understand ML/TF risks.
  • Conduct customer due diligence (CDD) and ongoing monitoring.
  • Appoint qualified compliance officers.
  • Implement risk-based compliance policies and controls.
  • Report suspicious transactions promptly.
  • Maintain accurate records and screen transactions for suspicious activity.

Different Requirements for Different Institutions

While similar obligations apply to all regulated entities, specific requirements exist for:

  • MVTS providers to maintain agent lists.
  • Non-Profit Organizations (NPOs) to apply best practices.
  • VASPs to perform CDD measures and retain transaction data.

Examination and Enforcement Authorities

The CBUAE and SCA regulate financial and capital markets. The MOE supervises DNFBPs, while the FSRA and DFSA oversee compliance in financial free zones. The newly established VARA regulates virtual assets in Dubai.

Reporting Suspicious Activity

Regulated entities must report suspicious transactions to the FIU via the goAML platform. Failure to report suspicious activity can result in imprisonment or fines. Information related to suspicious transactions is confidential and must not be disclosed except for specific investigative purposes. Warning or tipping off individuals about reported suspicious activity is a criminal offense. It is important to note that, there are no specific requirements for reporting large currency transactions, but all suspicious transactions must be reported.

Reporting Cross-Border Transactions

  • Individuals must declare currency, negotiable instruments, or precious metals valued over AED 60,000.
  • Regulated entities must report transactions with reasonable suspicion of criminal activity.

Financial Intelligence Unit (FIU)

The FIU in the CBUAE is responsible for analyzing information related to ML/TF crimes. It exchanges information with global counterparts and provides data to law enforcement.

Penalties for Non-Compliance

  • Civil penalties include fines, warnings, restrictions on working, and revocation of licenses.
  • Criminal penalties, including imprisonment and fines, apply for intentional failure to report suspicious activity.

Beneficial Ownership Registry

As a part of AML rules compliance, the UAE mandates entities to maintain accurate and updated information on ultimate beneficial owners (UBOs). This information is provided to relevant licensing authorities, ensuring transparency.

MS for premium AML compliance services

Ensuring strict adherence to UAE regulations is essential for achieving business success. Teaming up with MS guarantees top-notch security and confidentiality to meet your compliance requirements. We place a high priority on protecting sensitive data, adhering to industry standards, and complying with regulations. With our expert team at your side, you’ll benefit from a certified MLRO serving as your regulatory point of contact for AML needs. Our support enables you to effectively navigate the regulatory environment of DIFC & ADGM, ensuring ongoing compliance while concentrating on your primary business goals.

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Why choose Foundations in DIFC for maximizing wealth preservation?

The Dubai International Financial Centre (DIFC) stands as a premier financial hub spanning the Middle East, Africa, and South Asia (MEASA) region, ranking among the top 10 global financial centers. Hosting over 5,000 active registered firms and approximately 40,000 professionals, it fosters a thriving business ecosystem. With nearly two decades of operation, DIFC emerged as an independent judicial system, a global financial exchange, with distinctive architecture, and comprehensive support services. Within MEASA, a region comprising nearly three billion people and a nominal GDP of around USD 8 trillion, DIFC has played a pivotal role in facilitating investment and trade flows.

In this landscape of wealth management and asset protection, individuals and families seek robust structures offering financial security, privacy, and adaptability. The DIFC Foundation regime emerges as a compelling solution, providing an array of advantages for those reducing the complexities of wealth preservation. The secure, private, and flexible structures of family wealth management combined with the benefits of the DIFC jurisdiction, position it as a strategic choice in the realm of family wealth management.

What are the benefits of setting up a Foundation in the DIFC, Dubai?

Asset Protection:

One of the primary advantages of establishing a Foundation within the DIFC lies in asset protection. In conventional structures, personal assets may be vulnerable to claims from governments, creditors, or family members. However, the DIFC Foundation ensures a clear separation between the Founder and the Foundation’s assets, shielding them from external threats.

Privacy:

Maintaining privacy in financial matters is paramount, and the DIFC Foundation excels in this aspect. The names of Founders and Beneficiaries remain confidential, avoiding disclosure on official documents such as land registries and company registers. This discretion minimizes the risk of unwarranted claims from third parties.

Tax Planning:

In an era of globalized wealth, families with assets spanning multiple jurisdictions face intricate tax implications. The DIFC Foundation facilitates effective tax planning, providing a structured framework for the smooth transfer of generational wealth while minimizing exposure to taxes and inheritance levies.

Succession Planning:

The DIFC Foundation offers a secure avenue for Founder’s preferences in succession planning. Founders can stipulate their desires for the distribution of assets and related benefits after their demise, ensuring that their legacy aligns with their wishes and the foundation’s conditions.

Specific Advantages of setting up a Foundation in the DIFC:

  1. Legal Autonomy:

The DIFC operates as a financial free zone, boasting its civil and commercial laws. The DIFC Courts, conducting proceedings in English under the familiarity of Common Law, contribute to a legal environment that empowers Foundations with legal autonomy.

2. Asset Diversity:

The Foundation’s assets can encompass a wide array, including shares, bank accounts, aviation assets, and any other legally permissible assets worldwide. This diversity allows for a tailored approach to wealth management.

3. Legal Personality:

DIFC Foundations possess a distinct legal personality, granting them the flexibility to enter into contracts and arrangements independently. This feature aligns them with other incorporated entities, enhancing their legal standing.

4. Re-domiciliation:

Foundations can be redomiciled (migrated) in and out of the DIFC, providing a level of adaptability that is crucial in responding to changing circumstances, regulatory shifts, or family dynamics.

5. Governance Flexibility:

The DIFC Foundation allows for amendments to governance structures post-establishment. This flexibility ensures that the Foundation can evolve in tandem with the family’s changing needs or external regulatory changes.

6. Low Initial Commitment:

Foundations can be initiated with a commitment of assets as minimal as US$ 100, making this wealth management solution accessible to a broad spectrum of individuals and families.

7. No Physical Office Requirement:

Dispelling the need for a physical office, Foundations can leverage the address of a company service provider in the DIFC, reducing operational burdens.

8. Global Presence:

There is no obligation for the Founder or Foundation officers to be based in the UAE, allowing for seamless management from any location globally.

9. Corporate Roles:

All Foundation roles can be assumed by individuals or body corporates, providing a versatile approach to structuring.

10. Limited Public Disclosure:

The DIFC public register maintains a high level of confidentiality, omitting individuals’ names from public scrutiny.

11. Minimal Reporting Requirements:

With no mandate for annual returns, accounts, or audits, the DIFC Foundation simplifies administrative processes, ensuring a focus on wealth preservation.

To explore more about the vibrant DIFC community and its latest happenings, please check our Insights page.

MS Insights

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The Countdown Starts for the Second Edition of Dubai Fintech Summit 2024

The global community convenes in Dubai to pioneer the future of Fintech, drawing participants, speakers, exhibitors, policymakers, and business innovators for the second edition of Dubai Fintech Summit 2024. Under the esteemed patronage of His Highness Sheikh Maktoum bin Mohammed bin Rashid Al Maktoum, First Deputy Ruler of Dubai, Deputy Prime Minister, and Minister of Finance of the UAE, as well as President of DIFC, the event is scheduled to take place on 6-7 May at the prestigious Madinat Jumeirah.

The FinTech Summit is a key component of Dubai’s ambitious D33 agenda, striving to make the city a leader in global finance by 2033, while encouraging collaboration and innovation. Over the past two decades, the Dubai International Financial Centre (DIFC) has really stepped up, turning Dubai into a powerhouse in finance for the Middle East, Africa, and South Asia (MEASA) region. The DIFC has outdone itself, going above and beyond what anyone expected. Its impact has been enormous, firmly establishing Dubai’s spot in the global financial game.

Discover, Connect, and Innovate: Experience the Benefits of Dubai Fintech Summit

At the Dubai FinTech Summit, it’s all about bringing startups, investors, and industry leaders under one roof to tap into the booming FinTech scene, both locally and globally. This year the focus is on transformative forces reshaping the future of finance: Finance Renaissance, Eco-finance and Impact, Investment Vanguard, Regulatory Frameworks, Global Financial Dynamics, and FinTech 2.0.

Attendees have the opportunity to engage in insightful discussions led by experts, offering valuable insights into the latest trends and advancements in finance and technology. The summit offers learning opportunities through workshops, panels, and keynote sessions, empowering to enhance the expertise in finance and technology. It is the best platform for startups to find potential investment opportunities, including promising ventures and innovative projects shaping the future of finance. Also, an exceptional opportunity to present your company, products, or services to a global audience, boosting the visibility and exposure in the finance and technology sectors.

Gathering of local and global leaders shaping the future of finance

One of the highlights of the summit includes the insightful panel discussion and fireside chats featuring over 20 esteemed governors of financial institutions, alongside prominent industry figures. H.E. Essa Kazim, Governor, DIFC, UAE; H.E. Dr. Philmnisi, Governor, Central Bank of Eswatini; H.E. Cheaserey, Governor National Bank of Cambodia; H.E. Martin Galstyan, Governor, Central Bank of Armenia; H.E. John Rwangombwa, Governor, National Bank of Rwanda; H.E. Prof. Edward Scicluna, Governor, Central Bank of Malta will participate in discussions during the two-day event. Adena T. Friedman, Chair & CEO of Nasdaq Inc; Nic Dreckman, CEO of Bank Julius Baer & Co.; Yie-Hsin Hung, President & CEO of State Street global advisors and Jim Demare, President global markets at Bank of America, along with many other global industry leaders will also be participating in the various sessions planned for the Summit.

The notable local speakers include H.E. Abdullah bin Touq Al Marri, Cabinet Member & UAE Minister of Economy; H.E. Helal Saeed Al Marri, Director General, Department of Economy and Tourism, Dubai; H.E. Salem Humaid Al Marri, Director General, Mohammed Bin Rashid Space Centre, UAE; and H.E. Faisal Belhoul, Vice Chairman of the Dubai Chamber, Chairman of J&F Holding. Their expertise will enrich the discussion and add insights into the future of finance and technology.

For further insights into the Dubai Fintech Summit, explore.

Click & Explore

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DIFC’s Family Arrangements Regulations with Fresh Opportunities for Family Businesses

The business landscape in the United Arab Emirates (UAE) is witnessing a profound transformation with the enactment of the DIFC Family Arrangements Regulations. This regulatory evolution, effective from January 31, 2023, marked a decisive shift from the Single-Family Office (SFO) regime of Dubai International Financial Centre (DIFC), aligning seamlessly with the recently introduced UAE Family Business Law.

The Regulations replace the prior DIFC Single Family Office system, which underwent several rounds of consultation since its inception. This change aims to meet the requirements of an increasing number of local and global family enterprises seeking to set up operations in the DIFC. The Regulations follow the recent enactment of UAE Decree-Law No. 37 of 2022 (UAE Family Business Law), which applies to all regions of the UAE, including the DIFC, as long as it does not contradict the legal provisions of that particular jurisdiction.

Let’s dive into elements of the DIFC Family Arrangements Regulation.

Simplified Registration Process:

Noteworthy is the simplification of the registration process for this. Family Offices are no longer bound to register as Designated Non-Financial Businesses or Professions (DNFBP) with the Dubai Financial Services Authority (DFSA). However, it is nuanced for multifamily 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 a degree of 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:

The DIFC maintains a special register of Family Businesses, 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 with the utmost confidentiality.

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, alternatively, a book value assessment.

Alternative Dispute Resolution (ADR):

The regulations lay a strong 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.

The DIFC Family Arrangements Regulations emerge not merely as a legal framework but as a 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.

To explore more about the vibrant DIFC community and its latest happenings, please check our insights page.

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DIFC Tech Innovation License in Dubai: A step-by-step guide on the stages and requirements

The Dubai International Financial Centre (DIFC) has emerged as a leading hub for technology and innovation in the region, attracting startups and established businesses alike. With a 20-year track record of facilitating trade and investment, the DIFC Innovation License acts as a platform for technology firms spanning various sectors, providing access to the latest advancements in technology across the MEASA region. Offering a subsidized fee structure, the DIFC Innovation License is a Commercial License accessible to technology and innovation firms of all stages, fostering growth opportunities. It specifically targets firms looking to pioneer or experiment with new and innovative products.

If you’re considering establishing your tech venture in the DIFC, understanding the license application process is crucial. In this blog, we’ll walk you through the stages and requirements for obtaining a DIFC Tech Innovation License.

Stages of obtaining DIFC Tech Innovation License in Dubai

If your tech activity falls under the list of activities allowed for the DIFC Tech Innovation License, you may initiate the application process to obtain an In-Principal Approval. Upon receiving this approval, you can proceed with registering your technology entity within the DIFC.

There are certain stages for applying for the In-Principle Approval.

Stage I – Submit for In-Principal Approval

Step 1:

Initial Application:  The journey begins with filling out and submitting your online Initial Approval application, which will be sent via email. Make sure to select the option for Digital Passport Verification to advance the process.

Step 2:

Review Process Your application: In this step, you will undergo a thorough review for Initial Approval by the authorities.

Step 3:

In-Principal Approval: Upon successful review, you’ll obtain the In-Principal Approval, marking an important milestone in the process.

Stage II: Register the Legal Entity

Step 1:

Document Submission: Submit the necessary documents and complete the required payments. Payment methods include credit/debit card, bank transfer, or cash.

Step 2:

 Incorporation Complete: Once the submission is processed, the incorporation of your legal entity will be completed. You’ll receive all corporate documents automatically via email.

Step 3:

Annual Renewal: Ensure to renew your license annually as per the terms, depending on your chosen payment method.

Now let’s look at the specific information that should be included in the application.

Application Form – Key Information Required

  1. Business Activities: Provide detailed information about your technology and innovation, including a value proposition, revenue model, and product details. If setting up a Tech R&D entity, a signed undertaking letter confirming no financial activities will be conducted is necessary.
  2. Entity Background: Furnish a summary of the entity being established, ownership structure, and biographies of shareholders/directors/UBOs.
  3. Source of Income: Detail the funding sources for the DIFC entity, financial background of shareholders, and how the wealth was accumulated. Supporting documents such as bank statements or investor agreements may be required.
  4. Documents Required: Ensure to provide necessary documents such as passport copies of shareholders/directors/UBOs, bank statements, audited financial statements (if applicable), and an attested Certificate of Incorporation if the entity will be owned by a parent entity.

If you get an In-Principle Approval after the application, the next step is to register your entity in the DIFC.

Registering your Entity in the DIFC – Guidelines

Once you receive In-Principle Approval, follow these steps to complete the registration process:

  1. Log in to the Client Portal to fill out the application for Registration with DIFC.
  2. Submit certified passport copies of Shareholders/Directors & Company Secretary.
  3. Provide a Board Resolution for incorporation if the entity has a shareholder body corporate.
  4. Apply and pay for Co-working Space (Flexible desk) if required.
  5. Submit your final application on the DIFC portal and complete the DocuSign of the Articles sent by email.

Choose MS for DIFC Tech Innovation Company Formation
Partnering with MS at DIFC simplifies the process of obtaining an innovation license. With expertise in local regulations and connections within DIFC, we accelerate the licensing procedure, allowing businesses to focus on innovation. MS provides essential assistance to tech startups aiming for the DIFC Innovation License, guiding them through licensing requirements with personalized advisory services. We foster collaboration and networking opportunities within the startup community, contributing to the success of ambitious entrepreneurs in Dubai’s tech industry.

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Deadline Approaching: Ensure compliance with crucial DFSA & FSRA filings by April 30th, 2024

The Abu Dhabi Global Market’s and Dubai International Financial Centre’s vision for a fair, efficient, and transparent marketplace is always advocated by the Financial Services Regulatory Authority (FSRA) and Dubai Financial Services Authority (DFSA) by upholding compliance standards and making a progressive global financial hub. The regulatory requirements mandated by these bodies play a major role in bringing the registered entities in line with the standards of these international financial centres.

Both authorities have an upcoming deadline: April 30th, 2024, for several crucial filings this year. It is imperative for businesses to ensure they fulfill these obligations promptly to maintain compliance and avoid potential penalties.

What are DFSA & FSRA?

FSRA and DFSA stand as significant pillars in the financial landscape, each playing a crucial role in regulating and safeguarding the financial services of ADGM and DIFC.

The Dubai Financial Services Authority (DFSA) operates as an independent regulatory body within the Dubai International Financial Centre (DIFC). Its jurisdiction spans a wide array of financial activities including asset management, banking, securities, insurance, and more. Moreover, it diligently enforces anti-money laundering (AML) and counter-terrorist financing (CTF) measures, ensuring the integrity and security of the financial environment within the DIFC.

On the other hand, the Financial Services Regulatory Authority (FSRA) holds sway in the Abu Dhabi Global Market (ADGM). This regulatory body is dedicated to upholding internationally recognized standards and best practices, ensuring that financial entities operate on a level-playing field while prioritizing the interests of customers and investors.

What sets the FSRA apart is its adaptive regulatory framework. It keeps pace with evolving global standards and market innovations, maintaining a keen eye on international standard-setting bodies. FSRA actively engages with stakeholders through public consultations, fostering transparency and inclusivity in its regulatory processes.

We have made the list of filings due on April 30th, 2024, that you must follow and comply with.

  • Regulatory Returns Auditor’s Report – FSRA & DFSA Regulated Entities
  • Financial Statements and Auditor’s Report – FSRA & DFSA Regulated Entities
  • Internal Risk Assessment Process (IRAP) – FSRA & DFSA Regulated Entities
  • Internal Capital Adequacy Assessment Process (ICAAP) – FSRA & DFSA Regulated Entities
  • Client Money Auditor’s Report – FSRA & DFSA Regulated Entities
  • Safe Custody Auditor’s Report – FSRA & DFSA Regulated Entities
  • Annual Report on Controllers – FSRA & DFSA Regulated Entities
  • Public Listed Company Auditor’s Report – FSRA & DFSA Regulated Entities
  • Quarterly EPRS Returns – FSRA & DFSA Regulated Entities
  • AML Return – FSRA & DFSA Regulated Entities & DNFPB Entities
  • ADGM FATCA & CRS SCF – For all ADGM entities

MS as your compliance partner in both ADGM and DIFC

Our team comprises finance, compliance and legal professionals equipped with the expertise, competence, and up-to-date regulatory knowledge necessary to support your finance function. MS is committed to ensuring absolute compliance with ADGM and DIFC’S regulatory requirements without fail. Take the first step towards planning your crucial filings for the month ahead with our seamless plan and proactive guidance.

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Marking milestones: DIFC celebrating 20 years of success with 20 Days of Finance

“I once read an article in a foreign newspaper saying: luck smiles back at Dubai. I respond: when they want to diminish your achievements, they attribute them to luck.”

These words from His Highness Sheikh Maktoum bin Mohammed bin Rashid Al Maktoum, the first Deputy Ruler of Dubai, Deputy Prime Minister and Minister of Finance of the UAE, and President of DIFC, encapsulate the essence of Dubai’s remarkable journey of achievements. Dubai, a city that never settles for anything less than the first place, has evolved into a hub of growth, innovation, and prosperity, earning its status as the epitome of a dream city. Dubai’s ascent to becoming a global hub is attributed to the dedication and collective efforts of numerous individuals and groups within the region.

The Dubai International Financial Centre (DIFC) has been instrumental in shaping Dubai into what it is today, emerging as the eminent global financial hub for the Middle East, Africa, and South Asia (MEASA) region. Its two-decade reign has surpassed all projections, underscoring its pivotal role in solidifying Dubai’s position within the global financial services landscape. Adding more colour to this success story, DIFC has announced an exciting series of finance events and activities spanning 20 days, in celebration of the Centre’s 20th Anniversary. The 20 Days of Finance is primarily anchored around the 2nd edition of the Dubai FinTech Summit held under the patronage of the President.

DIFC: 20 Days of Finance

From April 29th to May 29th, attendees will have the chance to participate in a variety of activities including events, seminars, workshops, networking sessions, and special celebrations. The ‘20 Days of Finance’ series by DIFC aims to unite leaders in the industry, policymakers, investors, and entrepreneurs to mark DIFC’s twenty years of prominence in the global financial sector.  

The 20-day lineup of events will commence with the Dubai World Insurance Congress on April 29th to 30th at Atlantis, The Palm. Following that, the 2nd edition of the Dubai FinTech Summit will take place on May 6th to 7th at the Madinat Jumeirah, succeeded by the inaugural HFM Summit on May 15th at The Conference Centre, DIFC, which will unite the hedge fund sector in collaboration with With Intelligence. Additionally, the Institute of International Finance (IIF) will be partaking in DIFC’s 20 Days of Finance, marking their 10th anniversary in the Centre and DIFC’s 20th anniversary with the IIF MENA CRO Forum on May 21st.

Throughout the month, activities will be organized for DIFC clients in the corporate and investment banking, as well as wealth management sectors. In April, DIFC will also serve as a platinum partner for the AIM Summit in London, the leading event for professionals in alternative investments.

Global excellence through financial innovation

The DIFC has been instrumental in fostering economic growth and innovation in the region. It has attracted top-tier institutions and talent from across the globe. Aligned with DIFC’s Strategy 2030 and Dubai’s Economy Agenda (D33), which aims to establish Dubai as a premier business hub globally, DIFC encourages financial institutions to partake in the ‘20 Days of Finance’ by organizing their own events across the city. This initiative aims to draw high-profile attendees and showcase the city’s vibrant thought leadership and progressive governance. The ‘20 Days of Finance’ initiative underscores DIFC’s dedication to excellence and innovation in the financial sector. By spearheading innovation and digital transformation, DIFC facilitates the success of businesses not only in Dubai but also on a global scale.

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Delving Deep: Exploring the Range of Activities Enabled by DIFC’s Innovation License

In the ever-evolving landscape of 2024, the Dubai International Financial Centre (DIFC) creates a strong bond between innovation and finance. Aligned with the ambitious D33 Agenda aiming to elevate Dubai among the world’s top four financial hubs by 2033, a key strategic focus of DIFC is to shape the future of finance through innovation.

Echoing this vision, the DIFC Innovation Hub emerges as a pioneering force in cultivating technological advancement, hosting the leading financial technology accelerator in the MEASA region. Positioned as the center for tech-driven initiatives, this vibrant locale has witnessed a surge in startup ventures. Renowned for its supportive ecosystem, DIFC offers an ideal nurturing environment for emerging enterprises. This conducive atmosphere fosters innovation, enabling startups to thrive and prosper within the region.

Journey of Innovation in DIFC Dubai

DIFC has embarked on a proactive journey aimed at fostering innovation within its renowned onshore financial center. Whether in the realms of Edutech, Regtech, or any other technology-based venture, this license offers a platform for innovation to flourish. Embracing the rapidly evolving landscape of technology and entrepreneurship, DIFC has introduced initiatives such as the Innovation Testing License, designed to welcome and support tech startups in their quest for growth and exploration.

Central to this initiative is the DIFC Innovation License, which facilitates a diverse range of activities, spanning various domains of technology and innovation. From software development to cybersecurity consultancy, the license accommodates a wide array of ventures, encouraging collaboration and driving growth within the DIFC ecosystem.

Let’s have a detailed look at the scope of permitted activities in the DIFC Innovation License:

1. Software House: The development and implementation of sophisticated computer systems software is what this activity offers. Here, precision meets innovation, as specialized solutions are curated for diverse technological platforms, including smartphones and mobile devices.

2. Technology Research & Development: This domain is dedicated to fostering innovation, refining existing methodologies, and introducing products and procedures. It includes setting guidelines to enhance designing, evaluating, and implementing techniques and a series of investigative activities to develop new and improve existing products and procedures.

3. Information Technology Consultants: IT Consultants offer invaluable guidance to enterprises seeking optimization within their IT infrastructure. From strategic counsel to solutions, their contributions drive operational efficiency and alignment.

4. Internet Consultancy: The utilization of Internet technology within commercial entities is the focal point of Internet Consultancy. These professionals navigate the digital landscape, coming up with strategic frameworks to maximize online presence and operational efficacy.

5. IT Infrastructure: Essential to every technological pursuit, IT Infrastructure firms lay the groundwork for seamless network operations and database management. Additionally, they play a pivotal role in knowledge dissemination through comprehensive training programs.

6. Portal: Acting as a digital channel, Portals serve as the nexus between content providers and end-users, facilitating seamless access to numerous online services and resources. Their significance lies in simplifying complex interactions within the digital realm.

7. Computer Consultancies: The activities of Computer Consultancies are indispensable in analyzing organizational computing needs and prescribing solutions. Their expertise spans hardware and software integration, ensuring operational cohesion and efficiency.

8. Network Consultancies: Network Consultancies are entrusted with the design and implementation of robust network solutions. Their attempt to prioritize security and scalability, safeguarding organizational assets in an interconnected world.

9. Public Networking Services: Public Networking Services foster global connectivity, offering seamless access to international information networks and specialized data repositories. Their role is pivotal in facilitating efficient data exchange and communication channels.

10. Web-Design: The domain of Web Design firms offers creative ingenuity and technical advantage. They craft immersive digital experiences that resonate with audiences across diverse industries.

11. Cyber Security Consultancy: In an era, fraught with digital threats, Cyber Security Consultancies serve as the forerunner of organizational integrity. Their proactive measures mitigate cyber risks, ensuring data confidentiality and operational continuity.

12. Data Classification and Analysis Services: Utilizing the power of data, these entities specialize in structuring, analyzing, and deriving actionable insights from vast datasets. Their contributions inform strategic decision-making and resource optimization across enterprises.

13. Education and Training Computer Software: Education-centric software solutions redefine the existing system, offering innovative tools for enhanced learning and knowledge dissemination. Their impact extends across educational institutions, empowering learners and educators alike.

14. Education Technologies Research & Development: The nexus of research and education, this domain pioneers technological innovations to the evolving needs of educational stakeholders. Their endeavors shape the future of learning through the integration of cutting-edge technologies.

15. Electronic Chips Programming: At the heart of modern technology lies the complex programming of electronic chips, powering various industrial, automotive, and consumer electronics applications. These professionals drive innovation at the core of technological evolution.

MS for your Innovation Licence in DIFC Dubai

Partnering with a trusted service provider such as MS at DIFC can simplify the process of obtaining an innovation license. Our understanding of local regulations and established connections within DIFC can accelerate the licensing procedure, enabling businesses to concentrate on their innovative journey. Teaming up with MS in DIFC provides a personalized approach that combines our regulatory expertise with the unique requirements of businesses aiming to foster innovation within this renowned financial centre.