The UAE enacts new commercial law allowing virtual asset businesses to set up onshore

The UAE enacts new commercial law allowing virtual asset businesses to set up onshore

The UAE Cabinet recently updated some of its legislation which  included those pertaining to virtual businesses and virtual assets. The UAE is considering the provision of services and the conduct of business and activities related to virtual assets and virtual businesses based on its new commercial law.  As such businesses dealing either virtually or with virtual assets are considered commercial businesses within the UAE as on shore businesses. This comes after the UAE Cabinet of Ministers issued its decision on virtual assets regulation in December 2022 and which will come into effect in January.

As per UAE’s Undersecretary of the Ministry of Economy, Abdullah Al Saleh, developing the business sector is a strategic goal for the state, and providing a legislative environment that stimulates its growth is a top priority.

His comments were made during a media briefing, organized by the Ministry of Economy, to introduce Federal Decree Law No. 50 of 2022 regarding commercial transactions in the country, with the participation of Ibrahim Al Zaabi, Assistant Governor of the Central Bank for Monetary Policy and Financial Stability, and Dr. Maryam Al Suwaidi, CEO of the Securities and Commodities Authority.

As such the UAE Ministry of Economy has issued a new commercial transactions where the most prominent features include reduction of the age of legal capacity to practice business to 18 years, establishment of a legal  reference for commercial transactions for banking institutions to stimulate investment,  support to Islamic banking, amends the provisions related to establishment, regulation of financial markets, and finally support to businesses in tech sector especially digital field.

Al Saleh stated, “ The new law aims to support the commercial interests of the state and comply more with international trade,  strengthen the position of the UAE on the global trade map, keep abreast of international best practices in commercial transactions, and ensure the principles of transparency and clarity in them, as well as raise the country’s classification on relevant economic competitiveness indicators, including the Global Competitiveness Report, and the Ease of Doing Business Report. In addition the new law aims at accelerating the transformation of digital applications further in the business sector in the country, and strengthening the position of the UAE as a center for business activities in the areas of technology, innovation and sectors of the new economy, and reviewed the most prominent provisions and outputs of the new law, which confirms State’s proactive approach.”

The UAE will be creating a virtual business system, the commercial store and commercial transactions, through the means of modern technology, and those that take place in virtual environments, in addition to those provided in realistic standard ways, as well as considering the provision of services and the conduct of business and activities related to virtual assets as virtual businesses in accordance to UAE’s Council of Ministers Legislation regulating virtual assets and their service providers.

This includes

• Giving authenticity to the virtual business so that the same provisions applied to it with respect to similar ones presented realistically.

• Giving legitimacy and authenticity to real and virtual commercial books.

• Selling by public auction of movables instead of used movables and making bids available through a licensed electronic platform or hall or through various modern technology means.

 Dr. Mariam Al-Suwaidi, CEO of the Securities and Commodities Authority, added, “The most noteworthy provisions presented by the new law deal with the securities sector in addition to the fact that the Authority is to consider the business of virtual assets as a commercial business, and this provision gives a privilege to the virtual assets sector. With the issuance of the new law it has been confirmed that businesses related to virtual assets are considered commercial businesses. Therefore, the provisions of this law and other related laws will apply to those who will deal in the activities of this sector, and benefit from the privileges included in the new law, such as the provisions regulating the trader and allowing new age groups to practice business, noting that the Cabinet of Ministers already issued its regulating decision last December for virtual assets, and will enter into force mid-January.” ( Note no public information is available on the Cabinet of Ministers decision for virtual assets.)

The announcement comes in parallel with the recent announcement by the Abu Dhabi based crypto and Blockchain associate to set up a Regulators Committee to help drive change and learn lessons in the wake of last year’s FTX exchange collapse. Jehanzeb Awan of the Middle East, Africa and Asia CBA (MEAACBA) states, “It is pivotal for the industry to help the investing public understand the opportunity and corresponding risks that come with investing in cryptocurrencies. The importance of holistic regulation to minimize regulatory arbitrage is key to reducing the impact of the recent events as well as bringing confidence back to the industry.”

The MEAACBS said its board is setting up a Regulators Committee which aims to bring together the key regulators in the regions covered by the association, to work together in building regulatory regimes that allow for effective oversight of the crypto industry.

MENA based Arts DAO NFT community partners with Crypto wallet provider Ledger

MENA based Arts DAO NFT community partners with Crypto wallet provider Ledger

MENA based Arts DAO (Decentralized Autonomous Organization) and NFT and Web3 community with presence in UAE, has partnered with Ledger, a digital asset storage provider, to offer hardware crypto wallet solutions to its members. 

Arts DAO is currently investing in blue-chip NFTs, supporting major corporations with their Web3 strategy, and backing great founders building in Web3.

France-based Ledger, which employs more than 800 people has sold more than five million devices to customers in 200 different countries and is responsible for securing 20 percent of all crypto assets stored globally as of today.

‘100 Ledger NFTs,’ the first Ledger NFTs ever released, were part of a limited-edition collection created by Arts DAO to honor this groundbreaking partnership. Additionally, Arts DAO provided community members with branded ledgers, allowing NFT owners to claim a physical Ledger hard wallet.

“Ledgers are a so-called ‘cold storage’ solution,” explains Danosch Zahedi, Co-Founder of Arts DAO. “People are always looking for safer places to store their cryptocurrency, and thanks to decentralized finance, anyone with a cold storage wallet may basically act as their own bank. This is crucial in light of recent market volatility in the cryptocurrency space as well as future-defining events like the FTX collapse.”

According to Anas Bhurtun, Co-Founder of Arts DAO, “Dubai has constantly shown its dedication to the virtual economy, with historic regulatory developments providing a framework for companies dealing with digital assets like cryptocurrencies and NFTs.”

As explained by Ledger, what you actually own when you purchase a cryptocurrency is a “private key,” a vital piece of data required to approve outgoing transactions on the blockchain network. Anyone who is aware of this key may use the related funds. There is no bank or other organization to back you up or provide you with a replacement if your private keys are lost, stolen, or if you keep them on a device that malfunctions. As a result, you lose access to your cryptocurrency.

Arts DAO advises clients to use a hardware wallet solution, where your private keys are kept offline in a hardware wallet so only you have access to them. As a result, your wallet is no longer at risk of being compromised by hackers who can’t get to the device or the private keys inside. Even if a hacker manages to take over your computer, they won’t be able to access your crypto assets by stealing your private keys if you have a hardware wallet. The risk of hacking is reduced because your private key is stored offline.

Arts DAO is looking to expand into many more avenues with their clients, including blockchain gaming, blockchain streaming and music, and digital fashion. The two main pillars of Arts DAO are community and consulting. With hundreds of members as of today and rapidly growing, the community is bringing together the Middle East’s largest Web 3.0 community.

Lebanese one of the most powerful woman in finance new CEO of Blockchain fintech Securrency

Lebanese one of the most powerful woman in finance new CEO of Blockchain fintech Securrency

Born in the USA and raised in Beirut Lebanon until she was a teenager, Nadine Chakar, a US national of Lebanese origin, later attended university in the US. Her parent are both doctors yet Nadine is a well renowned financial and technology executive and is recognized as one of the most powerful women in finance. She has been a vocal champion for using tech to revolutionize financial services. 

Nadine Chakar will be joining Securrency, a leading developer of institutional-grade, blockchain-based financial and regulatory technology, as Chief Executive Officer effective January 9th, 2023.

Ms. Chakar brings over 30 years of experience in global wealth and asset management to Securrency. Most recently, she served as Executive Vice President and Head of State Street Digital, where she built and led the team that is helping State Street, institutional investors, and regulators successfully navigate the bank’s transition into a modern digital economy. Ms. Chakar also led State Street Global Markets, where she oversaw its trading, product, and operations platform, helping to drive successful client solutions. Prior to State Street, she served as global head of operations for Manulife’s Global Wealth and Asset Management Division and led the Global Asset Servicing teams for BNY Mellon.

In addition to her leadership at State Street Digital, Ms. Chakar has served as a member of the Board of Directors of Securrency since 2021. Her appointment as the CEO of Securrency highlights the growing importance of compliance aware tokenization, interoperability, and institutional DeFi to the future of global finance.

Ms. Chakar’s appointment will allow Dan Doney, Securrency’s founder, who has served as the company’s CEO and lead architect since its inception, to focus on innovation, technology delivery, and commercialization by continuing to serve as the Chief Technology Officer of Securrency. Mr. Doney is recognized as one of the preeminent thought leaders in the blockchain and decentralized finance space. This focus will accelerate the growth of Securrency’s blockchain-enabled financial services infrastructure market share.

Nadine Chakar, incoming CEO of Securrency stated,  “The financial services industry is at a critical tipping point as it tokenizes regulated real-world assets and automates legacy financial processes using the power of blockchain technology. The Securrency team has done a remarkable job of developing the most robust technology on the market. As the new CEO, my priority is to accelerate the commercialization of what is in essence the digital asset intelligence and interoperability foundation for major financial institutions and the global ecosystem. Dan Doney is a true visionary and innovator in the industry, and I look forward to working closely with him and the team to create the global digital assets marketplaces of the future.”

Jonathan Steinberg, CEO of WisdomTree, said: “The future of finance relies on regulation-forward and compliance-driven digital development and Nadine has long been a driver of this evolution. Working with Nadine as a client and industry leader, I have witnessed not only her tremendous expertise in the integration of RegTech and digital assets, but her steadfast belief that Securrency’s technology will pave the way for institutional DeFi. I congratulate Nadine, Dan, and the entire Securrency team on this bold move for the company.”

It is noteworthy that Securrency Capital, a blockchain-enabled brokerage that empowers global financial access received a license to operate in ADGM Abu Dhabi UAE in 2022. Securrency Capital is a wholly-owned subsidiary of Securrency, Inc., a US-based global financial markets infrastructure technology company. Securrency Capital is a full-service regulated institutional DeFi brokerage firm that offers both traditional and digital financial services to retail and institutional clients via a single, accessible marketplace. 

Egyptian Central Bank forms internal and external committees for CBDC implementation study

Egyptian Central Bank forms internal and external committees for CBDC implementation study

Egyptian Central bank has announced that it is currently studying the implementation of CBDC (Central Bank Digital Currency) which should offer a safer and more secure replacement to current cryptocurrencies and the risks associated with them while making use of digital economy.

The Egyptian Central Bank in its 2021 financial stability report stated that it had created an internal and external committee which includes representatives from different Ministerial entities headed by the governor of the Central Bank to study the implementation of CBDCs in Egypt.

It also noted that it is working with external counterparts to study the potential risks and benefits of CBDC implementations. 

Cryptocurrency trading in Egypt is still not regulated and the Central Bank of Egypt has on several occasions mentioned the risk involved in dealing with cryptocurrencies and the fact that it is illegal in the country to do so.

In September, the central bank of Egypt reiterated its warning against dealing in any types of cryptocurrencies, saying that crypto is risky, highly volatile, and is used in financial crimes and e-piracy. At the time the Central Bank of Egypt stated it would fine anyone who violates the Law No 194 of 2020 which prohibits issuing, trading, promoting cryptocurrencies, operating crypto exchanges or any other related activities. The Central Bank will fine violators up to $516,000 ( 10 million LE) or face imprisonment.

The Egyptian central bank had issued a similar warning about cryptocurrencies in January 2018, specifically naming Bitcoin. At that time the Central Bank had noted, “Cryptocurrencies are not backed by any tangible assets and are not supervised by any regulators worldwide, and consequently, they lack the official governmental guarantee and support enjoyed by the other official currencies issued by central banks.”

Yet Egypt has one of the highest crypto usages across Africa and Middle East. In January 2022, TripleA published a report which noted that Morocco topped the Arab countries in terms of crypto ownership, followed by Egypt, then UAE and KSA. The report stated that in 2021 global crypto ownership was estimated at an average of 3.9 percent, 300 million crypto users and 18,000 businesses already accepting crypto payments.

Egyptian national Husayn Hashim, Listing manager of Betconix crypto exchange regulated out of Estonia, states, “The Central Bank of Egypt’s move comes within the framework of the Egyptian government’s efforts to shift to digital payments and achieve financial inclusion. The move is also in line with the growth in the number of Egyptian cryptocurrency traders, as according to the latest estimates, about 1.8% of Egyptians trade cryptocurrencies despite the Egyptian government’s ban on that. I believe that the Egyptian government will soon legally allow the trading of digital currencies after completing the issuance of the legislation regulating this.”

Dubai virtual asset regulator to release its Full market framework soon

Dubai virtual asset regulator to release its Full market framework soon

In a recent article on Pinsentmasons legal firm website, the article discusses Dubai VARA’s Full market product regulatory regime for virtual assets and its upcoming rollout.

The legal expert Tom Bicknell states, that after VARA’s roll out of its minimum viable product license regime which allowed participants to undertake their activities within an agreed limited scope and specifically to their authorized market segment, VARA will soon be launching its FMP framework which will seek to monitor global trends of the virtual industry and where appropriate issue further rules and guidance

Tom Bicknell of Pinsent Masons states, “Encompassing the learning’s from its MVP licensing stage and widespread industry engagement, VARA’s introduction of the FMP ( Full Market Product) license will serve as a firm footing for the next stage of growth for the UAE’s leading virtual asset industry.”

Once the rollout begins, MVP license holders and other VASPs will have to apply for an FMP license to undertake their activities in the market. The FMP regime is structured around ensuring that anti-money laundering and combating the financing of terrorism (AML/CFT) compliance standards are met in accordance with the Financial Action Taskforce’s recommendations for VASPs. VARA said the FMP regime will also apply ongoing internal controls, corporate governance and conduct of business rules appropriate to the risk profile of the applicant.

Bicknell adds, “VARA is undertaking engagement and consultation with market participants as part of its development of the FMP framework with a version of the framework expected to be released shortly. It is worth noting that VARA has made clear that, notwithstanding the release of the FMP framework, the regulator will seek to monitor global trends of the virtual industry and where appropriate issue further rules and guidance.”

Dubai MAG developer accepts stablecoin payments using CoinMENA

Dubai MAG developer accepts stablecoin payments using CoinMENA

Dubai developer MAG is accepting stablecoins in property transactions utilizing the services offered by Bahrain-based crypto company CoinMENA. Stablecoins USDT and USDC will now be accepted by MAG in response to investor demand, the developer said.

Talal Moafaq Al Gaddah, senior executive vice chairman of MAG, which recently announced an $817 million “bio living” residential development in Meydan, Dubai,stated, “As a catalyst for Dubai’s real estate industry, we will spare no effort to progress upon the emirate’s digital economy and consolidate its prominent global position.”

This is the second real estate developer to team up CoinMENA. Last month it partnered with Carlton Real Estate, a Bahrain-based real estate agency, allowing investors to purchase real estate property using crypto assets. Under the partnership, the real estate broker would accept stablecoins like USDT and USDC.

 Talal Tabbaa and Dina Sam’an, founders of CoinMENA, a crypto asset service provider, said the agreement showed the growth of crypto adoption in acquiring ‘real world’ assets.

UAE HayVN wants to buy FTX Pay because of its strong relationships, are they serious?

UAE HayVN wants to buy FTX Pay because of its strong relationships, are they serious?

It is all over the news that UAE HayVN, regulated virtual asset trading platform is considering to bid for FTX Pay, FTX crypto exchange’s payment business. The reason the CEO of HayVN gives is that FTX Pay is valuable because of its relationships with establish companies such as MasterCard. Well is that a valid reason, given that most of these established companies have severed their relationships with FTX Pay, while it is actually Visa that was a partner and not MasterCard.

UAE National newspaper came out with a story that UAE HayVN regulated by ADGM is interested in purchasing FTX Pay  to integrate it with HayVN Pay infrastructure according to statements made by Christopher Flinos, co-founder and chief executive of Hayvn.

As he told the UAE National, “We are pleased to learn that some of the FTX businesses have solvent balance sheets, responsible management and valuable franchises. We are open to a discussion with their bankers, Perella Weinberg, as soon as they have the court’s approval to proceed.”

FTX Pay is an application that allows merchants to accept both cryptocurrency and fiat payments for a flat 1 per cent transaction fee with no minimum or upfront costs, according to its website.

In the interview Flinos did not disclose the amount Hayvn was willing to pay for FTX’s payments business, but said its plan to bid for the company had been approved by the Hayvn board and “back-channel discussions” had begun to indicate their interest. “It will be a public process but we want to be more ahead of the others for when that drops.”

Flinos believes FTX Pay is valuable because of its relationships with established companies such as Mastercard. He states, “From the advisers’ perspective, they want to know that the bidders have got money; tick, we have got money. They want to know that the bidders have got a good business; tick, we have got a good business, we are regulated, we have a game plan, we can value it [and] we know what it is worth to us. Because Sam Bankman-Fried had such a strong presence as an individual and was the darling of the industry, then companies like MasterCard had arrangements with FTX Pay.”

He adds “I am basically not buying it for its tech, as we have got better tech. I am buying it for the relationships that it has and the presence that it has with these people, so it is less risky.”

Hayvn Pay is a regulated financial network for blockchain-based currencies and works with UAE companies such as DAMAC Properties, developer Nakheel and the Dubai government, allowing people to buy property using cryptocurrency.  Earlier Hayvn had partnered with WooCommerce, an open source, e-commerce platform.

The CEO notes, “Acquiring FTX Pay will help solidify our position as the global leader in cryptocurrency payment solutions.”

But does HayVN know that VISA severed this relationship in the aftermath of FTX debacle and fall?

Yes, VISA had teamed up global crypto exchange FTX to offer debit cards in 40 countries with a focus on Latin America, Asia and Europe. But Visa terminated this partnership and their global agreements with FTX as well as their U.S. debit card program which is being wound down by their issuer.

Other companies have sought to distance themselves from FTX, such as BitPay.  Even Stripe removed the press release on its website that talks about its partnership with FTX for seamless payment, as has Nuvei a company that provides on and off ramp payment services to FTX users.

As for Reddit it also had a partnership with FTX to integrate Reddit’s Community Points in the US, EU, Australia, and other global markets. The partnership featured the integration of FTX Pay as a white-label payment and exchange solution to support users onboarding Community Points, but is surely now also a thing of the past.

So where are the partnerships that were forged with FTX Pay and if you purchase FTX Pay does that mean that the former partnerships come to life again? If the purchase is not for the technology, but for the relationships, severed ones, will it be so easy to revive them?

I really don’t know why HayVN whose technology is as they say better than FTX’s, and which is regulated by UAE ADGM would want to get into the position of purchasing an unregulated, bankrupt and partner less  sub entity of FTX. Beats me

Another crypto custodian gets licensed by Dubai’s VARA regulator

Another crypto custodian gets licensed by Dubai’s VARA regulator

Dubai’s regulator is currently pushing forth its crypto custodial licenses. Last week VARA ( Dubai Virtual Asset Regulatory Authority) provided Komainu DeFi, digital asset custodian with a provisionary license and today it has provided Hex Trust, fully licensed and insured provider of bank-grade custody and associated services for digital assets a Minimum Viable Product (MVP) license. 

The MVP license will allow Hex Trust to provide a wide range of virtual asset services to institutional clients and sophisticated investors] in Dubai within its framework for virtual asset service providers (VASPs). The range of services Hex Trust can now provide includes Virtual Assets custodial services, Broker-Dealer Services and Staking Services. 

 Hex Trust opened its Dubai office in June 2022, which is run by Filippo Buzzi, and serves as its headquarters for the MENA region.

Filippo Buzzi, Regional Director MENA of Hex Trust, commented, “Becoming one of the first virtual asset companies and custodian to receive the license is a big step for Hex Trust as we establish ourselves in the MENA region. We recognize the enormous potential this region has to build one of the leading virtual asset hubs in the world. Hex Trust looks forward to expanding our client base in Dubai following the license approval and making a positive contribution to the VA ecosystem in the region. 

Alessio Quaglini, cofounder and CEO of Hex Trust, commented, “From day one, Hex Trust was built to follow the strictest compliance policies and adhere to regulatory standards across the main jurisdictions. Being amongst the first companies to be granted the MVP is exciting, given the enormous potential of the sector in Dubai.”

UAE HAYVN Pay and WooCommerce offer plug in crypto payments

UAE HAYVN Pay and WooCommerce offer plug in crypto payments

UAE based HAYVN Pay, a regulated financial network for cryptocurrencies, has partnered with WooCommerce, the leading open source, ecommerce platform to offer a plug-in, allowing WooCommerce merchants to create an additional revenue stream by accepting cryptocurrency payments from customers globally. 

HAYVN Pay is a simple to install, trusted plugin which allows businesses to accept cryptocurrency payments, and then get paid in traditional currency. Verified for compliance and trusted by leading institutions globally, it represents an expansion of HAYVN’s offering as a regulated cryptocurrency focused financial institution.

Christopher Flinos, HAYVN’s Chief Executive Officer, stated. “Our goal is to ensure that within two years, 75% of the world’s e-commerce and point-of-sale transactions have a cryptocurrency payment option available for the customer. Partnering with WooCommerce, who capture 93% of the WordPress e-commerce market, is another important milestone in delivering on that vision”. 

WooCommerce is the leading open source, ecommerce platform, powering 25% of the top million online stores built with WordPress. WooCommerce empowers anyone, anywhere, to sell anything with truly unlimited extensibility, flexibility, and control over how they build and evolve their business.

 Keala Gaines, Payments General Manager, WooCommerce commented.” We are excited to work with HAVYN Pay to deliver an innovative, global crypto payment solution for WooCommerce merchants. HAVYN Pay allows our merchants to begin accepting crypto payments quickly, efficiently, and with the many of the benefits of crypto without touching it directly.”

Alex Tapscott hails blockchain startup PermianChain as a digital asset revolution for natural resources

Alex Tapscott hails blockchain startup PermianChain as a digital asset revolution for natural resources

Alex Tapscott, author of Digital Asset Revolution and co-founder of the Blockchain Research Institute, hails Web3 and blockchain start-up, PermianChain for bringing the digital asset revolution to the natural resource sectors.

Chapter 7 is dedicated to how blockchain creates value through natural asset tokens (NATs), mainly in oil and natural gas. Mohamed El-Masri, Founder and CEO of PermianChain and CEO of Brox Equity, explains the mechanics behind energy tokenization within a blockchain-enabled ecosystem. 

El-Masri discusses how utilization of blockchain is changing the way exploration and production companies raise capital as well as how investors and consumers participate in a digital energy market with surplus or shortage. 

PermianChain’s solution is a digital platform combining a blockchain, decentralized cloud storage and Web3 compatible features that supports two forms of digital economics, one being a security token and the other being a utility token. Chapter 7 of Digital Asset Revolution also delves into how PermianChain introduces a digital midstream solution to powering bitcoin mining rigs through oil and gas operators. 

Tapscott states, “This is the kind of fresh thinking that this industry needs!”

Back in April 2020, reduced consumer demand caused oil futures to fall into negative territory, oil firms had to pay entities to take oil off their hands as temporary storage was exhausted. Additionally, increased political pressure and lack of commercial viability in some areas has caused natural gas assets and resources to be stranded or wasted (i.e., flared or vented), in both situations taking away economic benefit from communities while the latter is causing harm to the environment. On the flip side, current global energy demand is outstripping supply, causing marginal oil and gas fields to become commercially viable. Unfortunately, the lack of incentive for oil and gas firms to invest in stranded [or distressed] energy assets did not allow regional and global energy markets to make better use of such wasted resources, until now.    

“These challenges, while daunting, are the exact type that we can mitigate by using blockchain technology and proof of work infrastructure. We provide the gateway for the oil and gas sector to enter the world of DeFi, bitcoin and crypto markets by making contingent sources commercially recoverable. Making PermianChain the meta-grid for a digital energy economy, says El-Masri. 

PermianChain’s native token, the digital energy currency (DEC) and the first compliant natural asset security token (NAST), the BROX Token issued by Brox Equity, are live within the PermianChain ecosystem. 

For the first time ever, PermianChain will be showcasing an exclusive demo of its digital energy market and natural resources tokenization platform on the 9th of November 2022 at the Web3 & Blockchain World (W3B) in Toronto, Canada, co-hosted by the Blockchain Research Institute (BRI), a global independent blockchain think-tank, and MCI Group, the world’s largest engagement agency.