Abu Dhabi's Regulatory Blueprint: Steering the Future of Blockchain and Web3
Abu Dhabi's Groundbreaking Initiative towards Decentralized Technologies
In a significant stride for the blockchain and decentralized
technology sector, the Abu Dhabi Global Market (ADGM) recently unveiled the
Distributed Ledger Technology Foundations Regulations 2023 (DLT Regulations).
This pioneering set of regulations, introduced within the international
financial free zone, is the first of its kind and offers a comprehensive
framework for entities operating within the Web3 domain.
Understanding the DLT Foundations Regulations
A DLT foundation, under the new regulations, is defined as a
legal entity equipped to hold and manage digital assets for specific purposes,
such as supporting a DLT network or protocol. These foundations can provide
financial backing to blockchain networks without being directly involved in
their operations.
To be recognized as a DLT Foundation, organizations must
submit a signed charter detailing their initial assets, governance structure,
and potential token issuance. This charter, accompanied by a white paper,
tokenomics paper, and a reference to a DLT Framework, offers a transparent view
of the foundation's objectives and operations.
Registering a DLT Foundation: A Step by Step Process
- Submission:
Founders must submit their foundation's charter, accompanied by other
essential documents, to the Registrar of DLT Foundations.
- Fees:
An initial application fee of $50,000 USD is mandatory.
- Charter
Specifications: The charter should outline the foundation's
objectives, activities, governance structure, beneficiaries, and the
rights and obligations of the tokenholders.
- Asset
Value: Foundations should have a minimum initial asset value of
$50,000 USD. They can receive additional financial support from founders
or other sources.
It's crucial to note that the assets of the DLT foundation
are distinct from those of its founder, councillors, guardian, and
beneficiaries. Furthermore, these assets remain unaffected by foreign laws that
might influence their ownership or transfer.
Intricate Governance Structure
A DLT Foundation's governance operates through three main
pillars.
- Council:
Responsible for managing the foundation's assets and affairs, ensuring
they align with the charter and DLT Regulations. This council should
comprise at least two councillors who adhere to specific qualifications
and duties.
- Guardian:
Appointed by either the founder or the council, the guardian ensures the
council acts in harmony with the foundation's objectives. They hold
specific powers and duties and can be replaced or removed by either the
council or the tokenholders.
- Tokenholders:
These are individuals who control or hold tokens issued by the foundation.
They play a pivotal role in decisionmaking, with the authority to approve
or reject matters like amendments to the charter or the foundation's
migration or dissolution.
Mandatory Reporting Obligations
DLT foundations are bound to maintain accounting records and
prepare annual accounts, audited by an independent entity. These accounts must
be made available on the foundation's website and submitted to the Registrar
within six months post the financial yearend. The Registrar holds the authority
to review, revise, or mandate the correction of these accounts, ensuring
transparency and compliance.
ADGM's Vision for the Future
Established in 2015, ADGM has been at the forefront of
advancing its regulatory framework for digital assets and blockchain
technologies. By introducing the DLT Regulations, ADGM emphasizes its strategy
to enhance its position in the blockchain and digital asset sector globally.
With the Hub71+ Digital Assets project and a substantial $2
billion investment, ADGM has showcased its commitment to fostering Web3 growth.
This initiative, coupled with the involvement of significant financial
institutions like the First Abu Dhabi Bank, aims to promote the development of
Web3 technologies within the ADGM ecosystem.
Conclusion
The DLT Regulations signify a monumental step for the Middle
Eastern territory, with Abu Dhabi aiming to position itself alongside Dubai as
a crypto hub. By providing a robust legal framework for distributed ledger
technology foundations, ADGM not only solidifies its global stance but also
paves the way for other territories to follow suit.
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