UAE: SCA Unveils New Rules for Security and Commodity Tokens
In a significant move towards embracing technological advancements in the financial sector, the UAE Securities & Commodities Authority (SCA) has announced a new regulatory framework for security tokens and commodity token contracts.
The decision, issued by the Chairman of the Authority’s Board of Directors, marks a pivotal step in integrating Distributed Ledger Technology (DLT) into the UAE’s financial markets.
The new regulation acknowledges the transformative potential of Distributed Ledger Technology, which has redefined the issuance, trading, and investment landscape in financial markets.
Security tokens and commodity tokens, as highlighted in the regulation, represent a fusion of traditional securities and commodity contracts with cutting-edge technology, offering investors more flexible and efficient tools.
Security tokens, digital assets created using DLT, represent financial rights or tangible assets.
These include equity tokens, which signify ownership in companies, and bond tokens, representing tradeable debts.
Commodity tokens, on the other hand, are digital assets based on the value of physical commodities like gold and oil, facilitating digital trading while minimising traditional trading costs and risks.
The regulation outlines detailed provisions for the offering, issuance, promotion, and registration of security and commodity token contracts within the UAE.
It emphasises the importance of compliance with existing securities and commodity contract regulations, ensuring a seamless integration of these innovative financial instruments into the current legal framework.
Key aspects of the regulation include the requirement for security and commodity token contracts to be recorded and managed through a distributed ledger.
This ledger must meet stringent technical and organisational standards to ensure integrity and protect against unauthorised modifications.
The regulation also stipulates that these tokens can only be traded and settled through licensed markets or alternative trading systems.
The SCA has placed a strong emphasis on investor protection and market integrity.
Obligors, or entities responsible for issuing these tokens, are required to provide comprehensive information to token owners, including details about the distributed ledger’s operation, associated risks, and disaster recovery measures.
The regulation also holds obligors accountable for any damages resulting from inaccurate or misleading information.
In cases of regulatory violations, the SCA is empowered to impose administrative measures, including suspending offerings and cancelling subscriptions.
The Authority also reserves the right to publish the names of violators, ensuring transparency and accountability in the market.
This regulatory development underscores the UAE’s commitment to fostering innovation in its financial markets while maintaining robust regulatory oversight.
By embracing Distributed Ledger Technology and establishing a clear framework for security and commodity tokens, the UAE is positioning itself as a leader in the adoption of digital financial instruments.
The decision will be published in the Official Gazette and will come into effect 30 days from the date of publication, signaling a new era for the UAE’s financial markets.
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