Dubai’s Virtual Assets Regulatory Authority has fined Open Technology Markets (trading as Opnx) and its founders. Bloomberg
Dubai’s Virtual Assets Regulatory Authority has fined Open Technology Markets (trading as Opnx) and its founders. Bloomberg
Dubai’s Virtual Assets Regulatory Authority has fined Open Technology Markets (trading as Opnx) and its founders. Bloomberg
Dubai’s Virtual Assets Regulatory Authority has fined Open Technology Markets (trading as Opnx) and its founders. Bloomberg

Dubai's Vara fines digital asset exchange Opnx and Three Arrows founders


Alkesh Sharma
  • English
  • Arabic

Dubai’s Virtual Assets Regulatory Authority has issued a Dh10 million ($2.7 million) fine against digital assets exchange Open Technology Markets (trading as Opnx) for breaching rules related to marketing, advertising and promotions.

The fine for the market offence on May 2 remains unpaid, the emirate’s virtual asset regulator said on Wednesday.

The exchange is linked to the founders of failed cryptocurrency hedge fund Three Arrows Capital.

A fine of Dh200,000 ($54,451) has also been imposed against each Opnx founder Kyle Davies, Su Zhu and Mark Lamb, and the company’s chief executive, Leslie Lamb.

Mr Davies and Mr Zhu were founders of Three Arrows Capital that went bankrupt last year as Bitcoin's value plummeted and UST stablecoin lost its peg to the US dollar. The latest fines are the biggest by the regulator to date.

“All fines noted above were referred to Vara’s grievance committee in accordance with due governance requirements. The committee reviewed the referral of the grievance and determined that the enforcement actions taken be upheld in their entirety,” the regulator said.

“Vara shall determine consequential actions warranted against Opnx, which may include further fines, penalties, and/or taking any actions necessary to recover payment and definitively remedy the behaviour including, but not limited to, referring the matter to any law enforcement agency (ies) or competent courts.”

Vara was established by Sheikh Mohammed bin Rashid, Vice President and Ruler of Dubai, in March 2022 under the Dubai Virtual Asset Regulation Law, the first law of its kind in the emirate.

It aims to create an advanced legal framework to protect investors and provide international standards for virtual asset industry governance to enable responsible business growth.

Launched in March, Opnx is a public marketplace for crypto claims trading and derivatives. It is pitched as a platform to trade crypto claims associated with bankrupt digital-asset entities.

The cryptocurrency sector went through a troublesome year in 2022, marred by company collapses and cyber crimes dragging down the prices of digital assets and investor interest.

The most notable incident was the collapse of FTX, which filed for bankruptcy in November. That followed the collapse of the Luna cryptocurrency and its associated Terra stablecoin in May last year.

In January this year, Genesis Global Holdco, the parent company of cryptocurrency lending company Genesis Global Capital, filed for bankruptcy protection in the US.

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Mercer, the investment consulting arm of US services company Marsh & McLennan, expects its wealth division to at least double its assets under management (AUM) in the Middle East as wealth in the region continues to grow despite economic headwinds, a company official said.

Mercer Wealth, which globally has $160 billion in AUM, plans to boost its AUM in the region to $2-$3bn in the next 2-3 years from the present $1bn, said Yasir AbuShaban, a Dubai-based principal with Mercer Wealth.

Within the next two to three years, we are looking at reaching $2 to $3 billion as a conservative estimate and we do see an opportunity to do so,” said Mr AbuShaban.

Mercer does not directly make investments, but allocates clients’ money they have discretion to, to professional asset managers. They also provide advice to clients.

“We have buying power. We can negotiate on their (client’s) behalf with asset managers to provide them lower fees than they otherwise would have to get on their own,” he added.

Mercer Wealth’s clients include sovereign wealth funds, family offices, and insurance companies among others.

From its office in Dubai, Mercer also looks after Africa, India and Turkey, where they also see opportunity for growth.

Wealth creation in Middle East and Africa (MEA) grew 8.5 per cent to $8.1 trillion last year from $7.5tn in 2015, higher than last year’s global average of 6 per cent and the second-highest growth in a region after Asia-Pacific which grew 9.9 per cent, according to consultancy Boston Consulting Group (BCG). In the region, where wealth grew just 1.9 per cent in 2015 compared with 2014, a pickup in oil prices has helped in wealth generation.

BCG is forecasting MEA wealth will rise to $12tn by 2021, growing at an annual average of 8 per cent.

Drivers of wealth generation in the region will be split evenly between new wealth creation and growth of performance of existing assets, according to BCG.

Another general trend in the region is clients’ looking for a comprehensive approach to investing, according to Mr AbuShaban.

“Institutional investors or some of the families are seeing a slowdown in the available capital they have to invest and in that sense they are looking at optimizing the way they manage their portfolios and making sure they are not investing haphazardly and different parts of their investment are working together,” said Mr AbuShaban.

Some clients also have a higher appetite for risk, given the low interest-rate environment that does not provide enough yield for some institutional investors. These clients are keen to invest in illiquid assets, such as private equity and infrastructure.

“What we have seen is a desire for higher returns in what has been a low-return environment specifically in various fixed income or bonds,” he said.

“In this environment, we have seen a de facto increase in the risk that clients are taking in things like illiquid investments, private equity investments, infrastructure and private debt, those kind of investments were higher illiquidity results in incrementally higher returns.”

The Abu Dhabi Investment Authority, one of the largest sovereign wealth funds, said in its 2016 report that has gradually increased its exposure in direct private equity and private credit transactions, mainly in Asian markets and especially in China and India. The authority’s private equity department focused on structured equities owing to “their defensive characteristics.”

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