ESCA New Investment Management Regulation Webinar Natalie Boyd © Copyright 2014 by K&L Gates LLP. All rights reserved. SCOPE OF REGULATION SCA Decision No.1 of 2014; anticipated follow up to 2012 Investment Funds Regulation SCA's intention is to prohibit unlicensed investment management activities with non-governmental institutions Applies to all firms operating within and outside the UAE, including UAE free zones (query application to new Abu Dhabi free zone) Definition of 'investment management activities' and 'securities' is broadly interpreted klgates.com 2 SCOPE OF REGULATION - CONTINUED No exemption for assets which are managed for a UAE client but from outside the UAE UAE government owned institutions are exempted from the restriction (eg ADIA, ICD) SCA confirmed that securities firms acting for their own account; family offices; high net worth individuals are not exempted (narrower application than Investment Funds Regulation) SCA confirmed reverse solicitation exemption; no formal guidelines but agreed with KLG approach klgates.com 3 LICENSING REQUIREMENTS Eligible applicant criteria AED 5m capital requirement (except for local banks and foreign branches) AED 1 million guarantee AED 50,000 licensing fee (AED 25,000 annual renewal fee) Premises in the UAE; internal systems and controls; employment requirements klgates.com 4 LICENSING PROCESS Steps to be followed for application Timing (30 days following submission to SCA) Failed applications klgates.com 5 ONGOING REQUIREMENTS Corporate governance Reporting to SCA Client management klgates.com 6 MITIGATING FACTORS SCA will not grant individual waivers to foreign firms but is open to discussion with foreign firms to improve scope of regulation Reliance on one of the exemptions; reverse solicitation is likely to be easier to rely on with existing clients Risk of sanction less likely for firms which do not already have a presence in the UAE klgates.com 7 Q&A If you would like to ask us questions after this webinar, please email: natalie.boyd@klgates.com