DIFC & ADGM

These two top tier financial centres can provide clients with multiple options to set-up with a globally recognised structures that benefit from unique regulatory environments and legal systems. Alpha Management has offices located in both centres.

While the core business conducted in DIFC revolves around regulated activities in banking and finance, the world's most successful financial industry ecosystems incorporate a much broader base of economic activity. These include regulated professional services companies operating in areas such as law and accountancy, but also many other non-regulated and non-financial businesses.

Examples include consultancy services in areas such as investor relations and human resources, proprietary investments or service providers, courier and legal translation services. Generally, it is split into three categories of non-regulated companies: Retail, Non-Retail, and Business Services.

The Middle East, Africa and South Asia (MEASA) region is full of opportunity for FinTech firms, and the infrastructure to support this fast-growing industry is being developed to accommodate the growing potential.

DIFC offers a dedicated commercial license specifically developed for FinTech, RegTech and InsurTech firms, allowing them to operate within the heart of Dubai. This cost-effective scheme allows budding start-ups from the world of financial technology (and related industries) to benefit from the Centre’s ecosystem at a reduced licensing cost. By creating this bespoke licensing scheme, DIFC FinTech firms can easily operate from the Centre and be part of the financial community. In addition, firms holding this license will gain access to the DIFC FinTech Hive, a dedicated and collaborative co-working space.

DIFC have also launched a framework for FinTech firms to apply for a class of financial services licence referred to as an Innovation Testing Licence (ITL). This initiative signals the next phase of the DFSA’s regulatory roadmap to foster innovation in Dubai. The restricted financial services licence will allow qualifying FinTech firms to develop and test innovative concepts from within the Dubai International Financial Centre (DIFC), without being subject to all the regulatory requirements that normally apply to regulated firms. The DFSA will work with applicants to understand the business proposal and establish the appropriate controls for the safety of any customers involved, on a case-by-case basis.

A Prescribed Company is a private company limited by shares and incorporated under the laws of the DIFC.  They have access to the DIFC’s advantageous infrastructure including its own court system which is presided over in English. By virtue of being established in the DIFC, a Prescribed Company enjoys numerous unique benefits.

These entities have replaced the old regime where clients could form either a Special Purpose Companies (SPC) or an Intermediate Special Purpose Vehicle (iSPV). Prescribed Companies expands on the previous regulations by allowing firms to establish themselves in the DIFC with more flexible office requirements. These include firms that are either regulated by Dubai Financial Services Authority (DFSA) or a recognised International Financial Services Regulator, FinTech firms, Family Offices, Holding and Investment Companies, as well as Aviation Companies. Just as before with SPC's, companies that have an aspect of structured finance will also be eligible to establish a Prescribed Company.

 With no requirement to lease office space, the formation of a Prescribed Company does not have to be expensive, yet enjoys the benefits from the DIFC jurisdiction which is world renown as being one of the most respected financial jurisdictions in the region.

An ADGM Special Purpose Vehicle (SPV) is a private company limited by shares and incorporated under the laws of the ADGM. An SPV has access to the ADGM's advantageous infrastructure including its own court system which is presided over in English. It is specifically designed to be used for holding and investment purposes for UAE and GCC assets.

SPV's isolate financial and legal risks by ring fencing assets and liabilities. SPV’s may be established as subsidiaries, project/ joint venture vehicles to ensure only those assets related to a particular transaction are exposed to the liabilities associated with that transaction. SPV’s are designed to be flexible, simple and efficient, and may be set up in days.

SPV's may also hold property located in Abu Dhabi and Dubai.In some jurisdictions the sale of the SPV’s shares can result in lower taxes and transaction fees when compared to transferring the asset.

Alpha Management Limited is registered with ADGM to incorporate SPV’s from its ADGM office based in Al Sila Tower, located opposite the ADGM Headquarters. Companies we incorporate may use our address as the SPV’s registered address thus eliminating the need to lease separate office space. Once the SPV is incorporated Alpha Management Limited acts at the registered agent and ensures the SPV remains in good standing. Additional services include accounting, preparation of financial statements, management of bank account, and administration services.

In the second-half of 2018, ADGM introduced a new commercial license specifically for entrepreneurs in the technology sector. This license for start-ups gives entrepreneurs a highly cost-effective ADGM based Commercial License benefiting from ADGM’s Entrepreneurship Support Program, developed in partnership with local and international partners, which aims to equip entrepreneurs with the skills and resources needed to succeed with their start-ups. This license is aimed very much at start-ups and not existing businesses and allows companies to share the same globally recognized platform that current ADGM based entities such as funds, multinationals, SMEs, consultants, and other registered entities benefit from including a unique regional financial centre based on Common Law principles.

If you would like to explore more company formation options and the other services that Alpha Management can provide, please have a look at the links below.

Offshore & Free-Zone Company Formation

FINANCIAL OFFICER & Compliance services

accounting and other services

Freelance permits

It can be confusing to know where to start when it comes to setting up in the DIFC or ADGM. Each client has different goals and requirements depending on their situation. Alpha Management will assess what is best for you and be able to recommend what type of company and which jurisdiction suits your particular criteria. We will present all the options available whilst bearing in mind any budget limitations you may have. If you would like to discuss DIFC or ADGM company formation, please contact us here.