November 28 2019

Cabinet resolution determining regulatory authorities concerned with business referred to in economic substance regulations – published

Source: IBFD Tax Research Platform News

On 25 November 2019, the Ministry of Finance published Cabinet Resolution 58 of 2019 defining the regulatory authorities for each type of relevant activity carried on and subject to the obligations provided by Cabinet Resolution No 31 of 2019 on the economic substance regulations (see also United Arab Emirates-1, News 19 September 2019).

The regulatory authorities for each type of activity are set out below.

  • For banking business, the regulatory authority is:
    • the UAE Central Bank for banking business regulated by the Central Bank; and
    • the competent authority in the Financial Free Zone for banking business carried out therein.
  • For insurance business, the regulatory authority is:
    • the Insurance Authority for insurance business regulated by the Insurance Authority; or
    • the competent authority in the Free Zone for banking business carried out therein; and
    • the competent authority in the Financial Free Zone for insurance business carried out therein.
  • For investment fund management business, the regulatory authority is:
    • the Securities and Commodities Authority for investment fund management businesses regulated by the said authority;
    • the competent authority in the Free Zone for fund management business carried out therein; and
    • the competent authority in the Financial Free Zone for fund management business carried out therein.
  • For lease finance business, the regulatory authority is:
    • the UAE Central Bank for lease finance business regulated by the Central Bank;
    • the competent authority in the Free Zone for lease finance business carried out therein; and
    • the competent authority in the Financial Free Zone for lease finance business carried out therein.
  • For headquarter business, the regulatory authority is:
    • the Ministry of Economy for headquarter business regulated by the said Ministry;
    • the competent authority in the Free Zone for headquarter business carried out therein; and
    • the competent authority in the Financial Free Zone for headquarter business carried out therein.
  • For shipping business, the regulatory authority is:
    • the Ministry of Economy for shipping business regulated by the said Ministry;
    • the competent authority in the Free Zone for shipping business carried out therein; and
    • the competent authority in the Financial Free Zone for shipping business carried out therein.
  • For holding company business, the regulatory authority is:
    • the Ministry of Economy for holding company business regulated by the said Ministry;
    • the competent authority in the Free Zone for holding company business carried out therein; and
    • the competent authority in the Financial Free Zone for holding company business carried out therein.
  • For intellectual property business, the regulatory authority is:
    • the Ministry of Economy for intellectual property business regulated by the said Ministry;
    • the competent authority in the Free Zone for intellectual property business carried out therein; and
    • the competent authority in the Financial Free Zone for intellectual property business carried out therein.
  • For distribution and service centre business, the regulatory authority is:
    • the Ministry of Economy for distribution and service centre business regulated by the said Ministry;
    • the competent authority in the Free Zone for distribution and service centre business carried out therein; and
    • the competent authority in the Financial Free Zone for distribution and service centre business carried out therein.