In a recent marketplace alert issued by Dubai’s virtual asset regulatory authority, it warns investors and market participants of the unauthorized issuance, marketing, and retail distribution of Islamic Coin (ISLM) from Bored Gen (BG) DMCC based out of Dubai UAE.
As per the notice, investors and customers are advised to note the unauthorized virtual asset Issuance given that BG is not a VARA licensed or registered VA issuer, nor a VASP that has otherwise been granted a No-Objection Confirmation to issue a Virtual Asset such as the ISLM token, which is being offered for public sale to interested purchasers including [without limitation] to Dubai residents.
As per VARA alert, the public sale of ISLM by BG through a Regulation D Offering arranged by OpenDeal Portal LLC – conducting business as Republic on republic.com is a potential breach of Regulation III.A.1 (such activity constituting placement and distribution of a Virtual Asset).
Additionally, under the definition of Broker-Dealer Services, such activity is fully regulated under the VARA regime and requires a VA Broker Dealer License that neither BG nor Republic have obtained from VARA.
With regards to marketing activities, given that BG is a Dubai-based DMCC entity and marketing activity pertaining to ISLM undertaken in and from Dubai has been done without VARA approval, VARA are investigating whether there has been a breach of Administrative Order No. 01/2022 Relating to Regulation of Marketing, Advertising and Promotions Related to Virtual Asset.
Dubai’s VARA has requested that BG cease marketing activity until it obtains the appropriate approvals from VARA and introduces appropriate disclaimers in connection with such marketing.
As a consequence of the breach of VARA’s regulations described above, enforcement action has been taken against BG and BG has been directed by VARA to suspend with immediate effect any further distribution of ISLM and to cease any further issuance and/or marketing of ISLM until approval from VARA is received.
This comes after several media articles that questioned the validity of the token sale by Bored Gem and information provided by Islamic Coin.