Overview
The DIFC is a financial free zone inside Dubai with its own civil and commercial law, its own courts and its own regulator, the DFSA. Dubai Law No. 4 of 2022 carves it out of VARA's perimeter, which is why a Dubai address can put a firm in front of either regulator depending on the street it is on.
Digital assets as property
DIFC legislation recognises digital assets as a form of property. This is the jurisdiction's most underrated feature. It gives determinate answers to the questions that otherwise have none: who owns an asset held by a custodian, what happens to it on insolvency, whether it can be secured, assigned or held on trust.
For custody businesses and for anyone financing against digital assets, that is the reason to be here.
What it is good for
Tokenised securities under the Investment Token regime. Funds. Wealth management with digital-asset exposure. Custody where the property analysis matters.
What it demands
Substance in the DIFC. Category-based capital. Authorised individuals for the senior functions. Client asset arrangements that work under the DFSA rules and the DIFC property regime together.
Courts
The DIFC Courts are long established, publish their judgments, and hear commercial disputes in English. They are an asset when negotiating with international counterparties.
How we help
We choose the jurisdiction on the business the client actually has — the customers, the counterparties, the activities and the tax position — and we say plainly when a cheaper jurisdiction would serve just as well.
الجهات التنظيمية
أسئلة متكررة
We have a VARA licence. Can we operate in the DIFC?
No. The DIFC is outside VARA's perimeter. Operating there requires DFSA authorisation. A firm that wants both markets needs permission from both regulators.
Does the DIFC property regime protect our clients' assets?
It gives the question a statutory answer rather than an argument by analogy, which is a large improvement. Whether client assets are actually protected depends on how the custody arrangement is structured and documented against that regime.
المصادر
- Jurisdiction position to be confirmed against the current authority guidance — Ownership, activity and substance rules change; verify before reliance