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ADGM Financial License

Obtain your ADGM Financial License with Finjuris

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About ADGM

The Abu Dhabi Global Market (ADGM) is an international financial center located in Abu Dhabi, the capital city of the United Arab Emirates (UAE). It was established to promote and facilitate financial services and business activities within its jurisdiction. ADGM operates as an independent free zone, meaning it has its own legal, regulatory, and judicial framework separate from the UAE's federal legal system.

Here are some key features of ADGM

Legal and Regulatory Framework

ADGM has its own legal and regulatory framework based on common law principles. It has its own courts, laws, and regulations tailored to meet the needs of businesses and financial institutions operating within the jurisdiction.

Financial Services

ADGM aims to provide a conducive environment for various financial services, including banking, insurance, asset management, capital markets, and fintech. It offers licenses and regulatory support for entities engaged in these activities.

Fintech Hub

ADGM has placed a strong emphasis on becoming a hub for fintech (financial technology) and innovation. It encourages the growth of fintech startups and companies by providing regulatory support, incubation programs, and access to a network of investors.

Companies and Entities

ADGM accommodates a wide range of companies, including local and international businesses, startups, and corporations. It offers various types of legal entities for companies to establish their presence, such as limited liability companies, branch offices, and special purpose vehicles.

Regulatory Authority

The Financial Services Regulatory Authority (FSRA) is the regulatory body responsible for overseeing financial services activities within ADGM. It ensures compliance with ADGM's regulatory framework and promotes investor protection and market integrity.

Geographic Location

ADGM is strategically located in Abu Dhabi, allowing businesses to connect with the broader UAE economy and the region's financial markets.

Global Connections

ADGM has established connections with other international financial centres, regulatory bodies, and industry associations, fostering collaboration and information exchange.

Business Environment

ADGM offers a business-friendly environment with streamlined registration processes, investor-friendly regulations, and modern infrastructure.

The ADGM Free Zone has three independent authorities

The Registration Authority

The Financial Services Regulatory Authority

ADGM Courts

Finjuris delivers advisory along with legal and compliance services for the development of regulated and non-regulated firms in ADGM.

ADGM Financial Licenses

Financial licenses can be acquired within the Abu Dhabi Global Market (ADGM), one of the UAE's two Financial Free Zones. The Financial Services Regulatory Authority (FSRA), an independent risk-based regulator, is at the core of the ADGM model, granting licenses and regulating the operations of all banking and financial institutions in ADGM. The ADGM is a widely recognized and respected worldwide financial center that serves local, regional, and international organizations and gives approval for many types of financial licensing in ADGM.

DIFC Financial License Categories

ADGM Category 1 License Authorised Firm is a firm that is licensed to carry out the Financial Service of Accepting Deposits or Managing a Profit-Sharing Investment Account (received on an unrestricted basis). The Authorised Firm under this category may be authorised to conduct other Financial Services, but its authorisation for Accepting Deposits and/or Managing a Profit-Sharing Investment Account is what determines it as a Category 1 Authorised Firm, rather than another. A Category 1 firm may apply for an Islamic Window to conduct certain aspects of its business in a Sharia-compliant manner.

Base Capital – US$ 10,000,000.
Risk-based Capital minimum based on the totality of risks – CET1, 6%; Tier 1, 8%. Capital Requirement is not applicable to a Branch set-up of existing regulated bank.

Capital Plan must be captured in Internal Capital Adequacy Assessment Process Report.


Note that additional capital requirements may be imposed by FSRA on the review of the application.

This is an Authorised Firm licensed to carry out the Financial Service of Dealing In investments as Principal and Providing Credit. In addition to this activity, the Authorised Firm under this category may also be authorised to conduct other Financial Services found in Category 3A, 3B, 3C or 4, provided that it cannot be authorised to conduct the Financial Services set out in Category 1.

Base Capital – US$ 2,000,000
Risk-based Capital minimum based on the totality of risks – CET1, 6%; Tier 1, 8%. Capital Requirement not applicable to a Branch set-up of existing regulated bank.

Capital Plan must be captured in Internal Capital Adequacy Assessment Process Report.


Note that additional capital requirements may be imposed by FSRA on review of the application.

In this category, an Authorised Firm is licensed to carry on one or more of the Financial Services of: Dealing in Investments as Principal where it does only so as a Matched Principle; Dealing in Investments as Agent. An Authorised Firm grouped under this category may be authorised to conduct other Financial Services found in Category 3B, 3C or 4, but it cannot be 23 The Structure of the ADGM authorised to conduct any of the Financial Services in Categories 1 or 2.

Base Capital – US$ 500,000
Risk-based Capital minimum based on the totality of risks – CET1, 6%; Tier 1, 8%. Capital Requirement is not applicable to a Branch set-up of existing regulated bank.

Capital Plan must be captured in Internal Capital Adequacy Assessment Process Report.


Note that additional capital requirements may be imposed by FSRA on the review of the application.

An Authorised Firm in this category is licensed to Provide Custody (but only for a Fund) and act as trustee for a Fund. An Authorised Firm in this category can carry on financial services in Category 3C and 4 but cannot carry on financial services in Categories 1, 2 or 3A.

Base Capital – US$ 4,000,000

Capital Requirement is not applicable to a Branch set-up of an existing regulated bank.

Capital Plan must be captured in Internal Capital Adequacy Assessment Process Report.


Note that additional capital requirements may be imposed by FSRA on the review of the application.

An Authorised Firm in this category may be licensed to carry on one or more Financial Services of Managing a Collective Investment Fund, Managing Assets, Providing Trust Services as a trustee of an express trust, Providing Custody (other than for a fund) and Managing a Profit-Sharing Investment Account (received on a restricted basis). An Authorised Firm that has a 3C licence can also provide Financial Services in Category 4 but cannot provide Financial Services in Categories 1, 2, 3A or 3B.

Base Capital – US$ 500,000
Base capital requirement 3C Fund Manager – US$ 140,000 (to manage a Public Fund US$ 70,000 to manage exempt funds/QIFs).

Expenditure based capital requirement of 18/52 of annual operating expenditure (as the Fund Manager will hold or control Client Money)

Capital Plan must be captured in Internal Capital Adequacy Assessment Process Report.


Note that additional capital requirements may be imposed by FSRA on the review of the application.

Authorised Firms in this category can do one or more of Arranging Deals in Investments, Advising on Financial Products, Arranging Custody, Insurance Intermediation, Insurance Management, Operating an Alternative Trading System, Providing Fund Administration, Arranging Credit and Advising on Credit, operating a Crowdfunding Platform and/or Providing Trust Services (other than as a trustee of an express trust). In Categories 2-4, Authorised Firms may apply to conduct their business in a wholly Sharia Compliant manner or through an Islamic Window.

Base Capital – US$ 10,000

Expenditure-based capital requirement of 6/52 of annual operating expenditure (18/52 if will holding or controlling Client Money).


Note that additional capital requirements may be imposed by FSRA on the review of the application.

An Islamic Financial Institution carries out its entire business in accordance with the principles of Sharia and manages a profit-sharing investment account (received on an unrestricted basis).

Base Capital – US$ 10,000,000

Risk-based Capital minimum based on the totality of risks – CET1, 6%; Tier 1, 8%. Capital Requirement is not applicable to a Branch set-up of an existing regulated bank.

Capital Plan must be captured in Internal Capital Adequacy Assessment Process Report.


Note that additional capital requirements may be imposed by FSRA on the review of the application.

ADGM Representative Office

An ADGM representative office is an Authorised Firm and is regulated by the FSRA. However, it is not included in the above Authorised Firms categorisation table because it does not have any capital requirements as per the FSRA. This is because ADGM Representative Office can only be set up as a branch of an already established firm.

Any firm in a financial services sector can apply to be a Representative Office in ADGM but they must be regulated in an acceptable home jurisdiction (other than the ADGM). A representative office’s activities are confined to the general marketing of financial services and financial products already being offered from a location outside the ADGM by its head office or a member of its group.

Procedure for Establishing an ADGM Regulated Financial Institution

VARA License

An application outlining the proposed regulated activity (ies) and corresponding license type must be submitted to the proper regulatory body, which will examine the applicant's suitability: The ADGM Registry Authority and the FSRA.

VARA consultant

During an introduction meeting, the draft regulatory business plan will be presented to the authorization team and regulators.

Virtual Assets Law

Compliance evaluation of the application papers, followed by submission of the entire application together with its regulatory business plan following acceptance of the draft regulatory business plan.

Legal consultant for VARA

Before the incorporation is approved, all regulatory criteria associated with the sought category of the ADGM Financial license must be satisfied.

VARA registration

The Regulator will provide an In-Principal Approval letter to the applicant upon successful completion of their senior management's due diligence and fundamental aspects of the application. The entity is incorporated after meeting the Registration Authority's incorporation standards.

VARA registration

Permission to provide financial services if all requirements of the In-Principal Approval are satisfied.

Merely obtaining a license is not enough to protect your firm from regulatory scrutiny. Our team of legal and financial professionals will make sure that you follow the required regulatory compliances to function without any legal hurdles.

How can we assist you?

Obtaining an ADGM Financial License involves navigating through a complex regulatory framework and fulfilling specific requirements. It's crucial to have legal assistance from experienced professionals who understand the local laws, regulations, and procedures. Here's an overview how our lawyers can assist you:

Legal Consultation

Our experienced lawyers provide an initial consultation to understand your business model, objectives, and the type of financial activity you intend to conduct within the ADGM. They also assess your eligibility and guide you through the regulatory landscape.

License Category Selection

ADGM offers various license categories, such as banking, insurance, financial services, and more. We can help you determine the most suitable license category for your business activities.

Application Preparation

Our team of professionals can assist in preparing a comprehensive application, ensuring all necessary documentation, financial statements, business plans, and compliance measures are in order. This is critical to demonstrate your business's viability and adherence to regulations.

Regulatory Compliance

Our lawyers will ensure your business adheres to ADGM regulations and other applicable laws. They can help you establish appropriate governance, risk management, and compliance frameworks.

Representation

Our lawyers can represent you in interactions with the ADGM Authority and regulatory bodies. This includes addressing any queries they might have during the evaluation process.

Review and Negotiation

Our legal professionals review the terms and conditions of the license, ensuring that they align with your business interests. They also negotiate with regulatory authorities on specific points if needed.

Due Diligence

Our lawyers conduct due diligence on your behalf, verifying that your business structure, operations, and financials are compliant with ADGM regulations.

Legal Documentation

Our professionals can draft and review legal agreements, contracts, and other documents necessary for your licensing process, such as shareholder agreements, employment contracts, and service agreements.

Appeals and Disputes

In case of any issues or disputes during the application process, our lawyers can assist you in appealing decisions or resolving conflicts.

Ongoing Compliance

After obtaining the license, our lawyers can help you maintain compliance with ongoing regulatory requirements. This might include reporting, audits, and updating your business practices as regulations evolve.