Digital asset companies in Abu Dhabi Global Market, including cryptocurrency exchanges, are “healthy”, despite the continuing global crypto market crisis that caused the collapse of one of the world's biggest cryptocurrency exchanges by trade value, FTX.
A strict risk-based approach including stringent capital requirements and custody regulations governing digital asset companies in the financial hub protect businesses and investors, Emmanuel Givanakis, chief executive of ADGM’s Financial Services Regulatory Authority, told The National.
“I would say at this point in time, they [the companies] are healthy and I think our approach and our regulations are on the right path,” Mr Givanakis said.
“If anything, I think the recent events have only just confirmed to everyone that our approach is the correct approach.”
Other regulators are “looking at us” and are learning from regulations in one the region’s fastest-growing financial hubs.
The digital asset ecosystem of ADGM is growing rapidly and its regulations are evolving to maintain proper oversight.
“As a regulator, the message is that we are innovative, we are progressive, but we are also credible, we have integrity and we follow international standards,” Mr Givanakis said.
The global cryptocurrency market has been roiled by the shockwaves of FTX's multibillion-dollar meltdown.
The exchange's failure has eroded confidence in the industry and some investors are questioning regulations, transparency and the future of digital assets as a whole.
The collapse of FTX began with Binance signing a non-binding agreement on November 9 to buy FTX's non-US unit to help it cover from a “liquidity crunch” amid a consistent decline in cryptocurrency prices.
The deal between rivals Sam Bankman-Fried, co-founder and chief executive of FTX, and Binance founder Changpeng Zhao came as speculation about FTX's financial health grew, snowballing into $6 billion of withdrawals.
Binance, however, walked away from the deal, which led to FTX filing for bankruptcy protection in the US.
Mr Bankman-Fried, the 30-year-old co-founder of FTX, lost his multibillionaire status and his net worth plummeted 94 per cent from $16 billion to $991.5 million in what was described as the biggest one-day loss on the Bloomberg Billionaires Index.
Mr Bankman-Fried is now facing several regulatory investigations into the financial affairs of FTX and how clients' money was handled before its collapse.
The FTX meltdown has also sparked fears of a contagion across the industry. This week, digital assets broker Genesis, which is struggling to raise cash for its lending unit, warned potential investors that it may need to file for bankruptcy if its efforts failed.
Genesis has been trying to raise at least $1 billion in new capital. It halted redemptions shortly after revealing on November 10 that it had $175 million locked in an FTX trading account.
“The problem with that industry is that it has predominantly operated in a very opaque, non-transparent, non-regulated fashion, and a lot of the issues that have arisen appear to be based on the fact that there was no regulation,” Mr Givanakis said.
“There was no abiding by any standards or regulation either, so no self-imposed voluntary standards around client money.
"We've had different issues over the years … whether it's the funds industry [or] the banking industry, and now we have the crypto industry.”
ADGM, one of the fastest growing international financial centres in the Middle East and North Africa, is part of Abu Dhabi's efforts to diversify its economy and connect the emirate with markets in the Mena region and economies in South and East Asia.
The financial free zone is home to more than 5,400 companies, including global businesses, financial institutions, treasury centres, professional services companies, small and medium enterprises, start-ups, FinTechs, digital asset trading and advisory entities.
In the digital asset space, the regulatory authority has so far licensed two custodians, five exchanges, clearing and settlement companies, an adviser and an asset and wealth manager.
It has also given in-principal approvals to three brokers, an asset and wealth manager and a company involved in custody operations.
ADGM has 18 more companies in the pipeline that are seeking licences to set up operations at the financial centre, according to FSRA data.
It is managing these companies through its risk-based approach, which is aimed at minimising key risks across all asset classes including “the obvious risk” of money laundering.
“Another one is custody and safekeeping, and we put a lot of effort into that,” Mr Givanakis said.
“Investors’ money is an area that we take very seriously so we have imposed strict rules around that.”
The regulatory authority was criticised by “some people in the past” for those strict rules on some key risks, but “we stood by them”, he said. “I think now the justification of that is quite clear.”
Disclosure by companies is another focus area for the regulatory authority, which makes sure that “disclosure is appropriate and suitable to the audience that it is going to”, to protect investors.
“We have regulatory capital, which is really important [and it] is there to deal with issues that arise in the future and issues of orderly wind downs,” Mr Givanakis said.
“That's there to help creditors and investors protect their money.”
The regulatory authority has also set rules around technology governance, which link to security and traceability, including regulations that govern market operations, infrastructure and operational requirements.
“At ADGM, we are making sure that people understand regulation is a good thing, and we're sending that message out to the industry,” Mr Givanakis said.
“If you want to be regulated in an open, transparent way and you want to do business that way, then ADGM is the place for you.”
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Mercer, the investment consulting arm of US services company Marsh & McLennan, expects its wealth division to at least double its assets under management (AUM) in the Middle East as wealth in the region continues to grow despite economic headwinds, a company official said.
Mercer Wealth, which globally has $160 billion in AUM, plans to boost its AUM in the region to $2-$3bn in the next 2-3 years from the present $1bn, said Yasir AbuShaban, a Dubai-based principal with Mercer Wealth.
“Within the next two to three years, we are looking at reaching $2 to $3 billion as a conservative estimate and we do see an opportunity to do so,” said Mr AbuShaban.
Mercer does not directly make investments, but allocates clients’ money they have discretion to, to professional asset managers. They also provide advice to clients.
“We have buying power. We can negotiate on their (client’s) behalf with asset managers to provide them lower fees than they otherwise would have to get on their own,” he added.
Mercer Wealth’s clients include sovereign wealth funds, family offices, and insurance companies among others.
From its office in Dubai, Mercer also looks after Africa, India and Turkey, where they also see opportunity for growth.
Wealth creation in Middle East and Africa (MEA) grew 8.5 per cent to $8.1 trillion last year from $7.5tn in 2015, higher than last year’s global average of 6 per cent and the second-highest growth in a region after Asia-Pacific which grew 9.9 per cent, according to consultancy Boston Consulting Group (BCG). In the region, where wealth grew just 1.9 per cent in 2015 compared with 2014, a pickup in oil prices has helped in wealth generation.
BCG is forecasting MEA wealth will rise to $12tn by 2021, growing at an annual average of 8 per cent.
Drivers of wealth generation in the region will be split evenly between new wealth creation and growth of performance of existing assets, according to BCG.
Another general trend in the region is clients’ looking for a comprehensive approach to investing, according to Mr AbuShaban.
“Institutional investors or some of the families are seeing a slowdown in the available capital they have to invest and in that sense they are looking at optimizing the way they manage their portfolios and making sure they are not investing haphazardly and different parts of their investment are working together,” said Mr AbuShaban.
Some clients also have a higher appetite for risk, given the low interest-rate environment that does not provide enough yield for some institutional investors. These clients are keen to invest in illiquid assets, such as private equity and infrastructure.
“What we have seen is a desire for higher returns in what has been a low-return environment specifically in various fixed income or bonds,” he said.
“In this environment, we have seen a de facto increase in the risk that clients are taking in things like illiquid investments, private equity investments, infrastructure and private debt, those kind of investments were higher illiquidity results in incrementally higher returns.”
The Abu Dhabi Investment Authority, one of the largest sovereign wealth funds, said in its 2016 report that has gradually increased its exposure in direct private equity and private credit transactions, mainly in Asian markets and especially in China and India. The authority’s private equity department focused on structured equities owing to “their defensive characteristics.”
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Know before you go
- Jebel Akhdar is a two-hour drive from Muscat airport or a six-hour drive from Dubai. It’s impossible to visit by car unless you have a 4x4. Phone ahead to the hotel to arrange a transfer.
- If you’re driving, make sure your insurance covers Oman.
- By air: Budget airlines Air Arabia, Flydubai and SalamAir offer direct routes to Muscat from the UAE.
- Tourists from the Emirates (UAE nationals not included) must apply for an Omani visa online before arrival at evisa.rop.gov.om. The process typically takes several days.
- Flash floods are probable due to the terrain and a lack of drainage. Always check the weather before venturing into any canyons or other remote areas and identify a plan of escape that includes high ground, shelter and parking where your car won’t be overtaken by sudden downpours.
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Ten tax points to be aware of in 2026
1. Domestic VAT refund amendments: request your refund within five years
If a business does not apply for the refund on time, they lose their credit.
2. E-invoicing in the UAE
Businesses should continue preparing for the implementation of e-invoicing in the UAE, with 2026 a preparation and transition period ahead of phased mandatory adoption.
3. More tax audits
Tax authorities are increasingly using data already available across multiple filings to identify audit risks.
4. More beneficial VAT and excise tax penalty regime
Tax disputes are expected to become more frequent and more structured, with clearer administrative objection and appeal processes. The UAE has adopted a new penalty regime for VAT and excise disputes, which now mirrors the penalty regime for corporate tax.
5. Greater emphasis on statutory audit
There is a greater need for the accuracy of financial statements. The International Financial Reporting Standards standards need to be strictly adhered to and, as a result, the quality of the audits will need to increase.
6. Further transfer pricing enforcement
Transfer pricing enforcement, which refers to the practice of establishing prices for internal transactions between related entities, is expected to broaden in scope. The UAE will shortly open the possibility to negotiate advance pricing agreements, or essentially rulings for transfer pricing purposes.
7. Limited time periods for audits
Recent amendments also introduce a default five-year limitation period for tax audits and assessments, subject to specific statutory exceptions. While the standard audit and assessment period is five years, this may be extended to up to 15 years in cases involving fraud or tax evasion.
8. Pillar 2 implementation
Many multinational groups will begin to feel the practical effect of the Domestic Minimum Top-Up Tax (DMTT), the UAE's implementation of the OECD’s global minimum tax under Pillar 2. While the rules apply for financial years starting on or after January 1, 2025, it is 2026 that marks the transition to an operational phase.
9. Reduced compliance obligations for imported goods and services
Businesses that apply the reverse-charge mechanism for VAT purposes in the UAE may benefit from reduced compliance obligations.
10. Substance and CbC reporting focus
Tax authorities are expected to continue strengthening the enforcement of economic substance and Country-by-Country (CbC) reporting frameworks. In the UAE, these regimes are increasingly being used as risk-assessment tools, providing tax authorities with a comprehensive view of multinational groups’ global footprints and enabling them to assess whether profits are aligned with real economic activity.
Contributed by Thomas Vanhee and Hend Rashwan, Aurifer
Business Insights
- As per the document, there are six filing options, including choosing to report on a realisation basis and transitional rules for pre-tax period gains or losses.
- SMEs with revenue below Dh3 million per annum can opt for transitional relief until 2026, treating them as having no taxable income.
- Larger entities have specific provisions for asset and liability movements, business restructuring, and handling foreign permanent establishments.
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Innotech Profile
Date started: 2013
Founder/CEO: Othman Al Mandhari
Based: Muscat, Oman
Sector: Additive manufacturing, 3D printing technologies
Size: 15 full-time employees
Stage: Seed stage and seeking Series A round of financing
Investors: Oman Technology Fund from 2017 to 2019, exited through an agreement with a new investor to secure new funding that it under negotiation right now.
Profile
Name: Carzaty
Founders: Marwan Chaar and Hassan Jaffar
Launched: 2017
Employees: 22
Based: Dubai and Muscat
Sector: Automobile retail
Funding to date: $5.5 million