Traditionally, ADGM has released CPs that surprise the market in terms of their progressiveness, scope and far-sightedness. But then it also then further surprises the market when the actual regulations go beyond the stated scope of the CP. This is very rare, normally regulators propose more on a piece of regulatory matter which is behind times anyway and then dials back during the regulations. So of course, I am biased as I used to work there but that said, this recent CP framework is quite interesting.
It has been a long-standing principle of mine that regulatory frameworks need to be seen as opportunities. You need to anticipate regulatory change, and then USE the damn regulations to be more commercial. Whilst I was in banking, trading and now outside, this still holds true. The vast majority of the unwashed herd of regulated firms unfortunately just hew to the regulations, but very few actually think about what and how to use those regulations for commercial gain. Dump it on the poor compliance girl and you don’t think about it anymore. I think that’s a mistake. That was in my banking days, but now that we are talking about virtual assets and capital markets where the pace of change is ginormous and moving very swiftly, you have to be agile, mobile and hostile. Get to grips with things and plan for them. So I figured, now that I have left ADGM, to give you an idea of what this can mean (I didn’t say anything till the CP period was finished though for obvious reasons)
This CP was long in making and it shows in the breadth of the proposals. Heck, see para 4 to see who all it will impact. Anybody who wishes to raise money, mining and petroleum firms, exchanges, virtual asset firms, commodity traders, investors… This is serious stuff, grown-up stuff, and for people who are planning to either raise serious dosh or manage serious dosh.
- Para 8: So if you are a firm which is a startup and unable to show 3 years of audited financial statements/earnings, you may be able to list on an ADGM exchange. So this brings the bar down for firms who have got assets, gotten into operations, have some capital, but now want to raise more capital. Given where Abu Dhabi is situated, right in the middle of the MEASA region which is capital-starved but mining / metals / petroleum / energy-rich, this will open up a whole new segment of firms. Exchanges to note, this is powerful. Para 10 makes it better and ensures ADGM is at par with USA, SG, and AUS, thereby being if I am not wrong, the only jurisdiction between SG and USA which allows this. Para 12-14 further helps metals/mining and petroleum firms to raise capital. As I said, this is huge for grown-up firms. Current MTFs and RIE’s to note.
- Para 17-18 helps to make commodity derivatives trading more controlled. If you look at the market, the wild swings are not helping with the supply chain issues nor with inflation. So good to put a solid trading regime on it. This will suit and help serious players.
- Para 19: This is going to help new exchanges trading ESG instruments develop interesting new products. Its because of thinking like this that I wanted to start raising the profile of ESG instruments trading – will be discussing this next Wednesday at the roundtable. Funds (hedge, arb, commodity, energy funds), prop traders, exchanges, and broker-dealers all need to keep an eye out on this.
- Para 20-22 is a huge game-changer. Look, the world is full of funky people doing unregulated spot trading. Whilst for many use cases, that is fine, I think it's important that some regulations are applied to it. You know what? The funky people will keep on doing the smaller meh riskier trading in spot but the serious customers, the serious broker-dealers, the serious players will welcome the fact that their commodities trading is done under-regulated markets under English common law. We have seen to many blowups, fraud and dodgy stuff in this matter and the spot commodities guidance is going to help hugely. All the current ADGM broker-dealers or others should note this and start thinking about offering this service to the vast array of MEASA and international customers. This is a premium that they can charge which should help in improving the usual wafer-thin margins in commodities. Not just that, when exchanges offer this or trading venues happen, then imagine the glee of arb/hedge/commodity funds/traders, an amazing way to force transparency and efficiency and make more money.
- Para 26-27 is I think the right step. Some jurisdictions are creating a nuclear-powered paper clip when it comes to ESG. Too much. This is the right first step to start including ESG in the financial markets in this region. One more topic to be discussed at the roundtable.
- Then comes the Virtual Asset bits in Paras 32-26. It further proposes to clarify the public keys and helps to make them easier to manage and handle. More importantly, it allows currently regulated MTFs and Custodians to undertake non-regulated NFTs to be traded. This is frankly one of the biggest changes in my mind, and am also reading this to my firms to take advantage of this. This is going to be crucial, you don’t have NFT trading currently under-regulated conditions anywhere serious (don’t think so, happy to be corrected though). So a VA MTF in ADGM can now offer both regulated VAs as well as NFTs if the CP goes ahead and converts into regulations.
I have had a change of heart over the past several years. Previously, I would have asked for copious analysis, done business cases and waited till so much was clarified before launching a regulated product. These days, I have turned the opinion upside down. Given the fast pace of change, you need to get regulated ASAP and be prepared to evolve your business model fast and furious as the market, instrument, macroeconomics, regulations, customer demand is moving at a faster and faster pace. This little note will show how firms can take advantage of ADGM rules and regulations if the CP goes into effect. And be prepared to be surprised…There is always a first-mover advantage in these areas.?
Happy to discuss this further, let me know what you think I am missing or have got wrong.