
Published February 8th 2023
By Shadi Swais
A mainland UAE company can legally promote the services of offshore regulated Forex brokers under a Category 5 license issued by the Securities and Commodities Authority (SCA), provided the following conditions and requirements are met:
Legal Form: The company must be registered as a mainland LLC or Sole Establishment (with a local service agent or Emirati partner, as applicable).
Licensed Activities:
Promotion of Financial Products
Financial Consultancy
Marketing of Foreign Financial Instruments
These activities must be explicitly approved and licensed under SCA supervision, even if the initial license is obtained through the Department of Economic Development (DED).
Physical Presence: A physical office in the UAE mainland is mandatory.
Qualified Personnel: The company must appoint a compliance officer and, in some cases, a qualified financial advisor, based on the scope of services.
Target Audience: Marketing and promotional activities are restricted to Professional Investors and Market Counterparties only — not the general public.
Private Placement Basis: All promotions must be made privately, not through mass advertising or public marketing channels.
Prior Product Disclosure: The company must inform the SCA in advance of each offshore broker or product it intends to promote. Full disclosure and documentation may be required.
Foreign Funds: If promoting foreign investment funds, these must be registered with the SCA beforehand.
Ongoing Compliance: All communications, marketing materials, and client interactions must comply with SCA conduct rules, including full transparency and non-misleading practices.
Record Keeping: Detailed records of promotional activities, client communications, and regulatory submissions must be maintained.
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