Compliance
Compliance Corner: Dubai Regulators Eye Revamp To Collective Funds Regime

The latest compliance news: regulatory developments, punishments, guidance, permissions and authorisations for new product and service offerings.
Regulators in Dubai have proposed an overhaul to its 20-year-old
collective funds regime. The upgrade is designed to maintain
a “proportionate and risk-based approach to investor protection”
and put the system on a par with international standards.
The Dubai
Financial Services Authority (DFSA) – markets regulator
of
Dubai International Financial Centre (DIFC) – issued an
announcement about the proposals this week.
It published Consultation Paper No 173 (CP 173),
proposing significant updates to its Collective Investment Fund
framework. The DFSA’s framework was established in 2006; the
proposals are the regulator’s “most significant” review since
2010.
Explaining the reason for the upgrade, DFSA said since the regime
took effect two decades’ ago, “the funds and asset management
industry in DIFC has grown and evolved substantially, alongside
developments in international standards and regulatory best
practice.”
The consultation is targeted at fund managers and fund
administrators; asset managers and custody providers; firms
intending to apply for DFSA authorisation in any of the above
categories; and legal, accounting, audit, and compliance advisors
serving the funds industry.
The proposed changes include:
-- Moving away from rigid specialist private fund classifications
to a more flexible, risk-based approach that accommodates hybrid
and multi-strategy investing;
-- Simplifying authorisation requirements for investment
managers, clarifying that dealing as agent and arranging
activities are integral to investment management of funds and
covered by a managing assets licence;
-- Updating master-feeder public fund structures to remove
outdated eligibility criteria and broadening the definition of
master fund to reflect market practice;
-- Removing the external fund manager regime, reflecting the
DFSA’s strong and growing pipeline of firms seeking full DFSA
authorisation;
-- Broadening the scope for employee investment in private
funds managed by their employer, both directly and through
dedicated vehicles, supporting recruitment, retention, and
aligning employee interests with investor goals; and
-- Making targeted technical amendments to the Collective
Investment Law to improve clarity and consistency.
“The Dubai Financial Services Authority’s (DFSA) Consultation
Paper No 173 supports its strategic objective to
broaden and deepen DIFC’s wealth and asset management ecosystem
by proposing enhancements so that requirements and appropriate
safeguards are directed at, and applied to, the relevant
fund-related risks,” Charlotte Robins, managing director, policy
and legal, of the DFSA, said.
“By aligning with international standards and regulatory best
practice, improving clarity, and removing unnecessary regulatory
complexity, we aim to support sustainable growth, responsible
innovation, and the continued competitiveness of DIFC as the
destination of choice for global asset managers looking to build
and grow in this region,” Robins said.
The consultation paper also invites early-stage feedback on the
tokenization of fund units and fund assets, including tokenized
money market funds, and the potential introduction of a
long-term investment fund regime to allow retail investors to
access illiquid, real-economy asset classes, currently available
only to professional investors.
Respondents to the proposals are encouraged to reply online by 7
September.