Dubai regulator fines asset manager $504,000 over market abuse controls

Weak monitoring and missed alerts draw penalty from Dubai’s financial watchdog

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Nivetha Dayanand, Assistant Business Editor
The Dubai Financial Services Authority (DFSA), headquartered in DIFC, regulates financial firms operating in the centre.
The Dubai Financial Services Authority (DFSA), headquartered in DIFC, regulates financial firms operating in the centre.
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Dubai: Dubai’s financial regulator has imposed a $504,000 fine on Ark Capital Management (Dubai) Limited (ARK) after finding serious gaps in its market abuse monitoring and failures to notify authorities about a proposed change in ownership.

The Dubai Financial Services Authority said the penalty followed an enforcement investigation that identified ineffective systems and controls designed to detect potential market abuse, alongside breaches of notification requirements linked to changes in control.

Missed alerts and delayed reporting

Regulators found that the firm had surveillance systems in place to flag trading patterns associated with market abuse. Those alerts, however, were not given adequate attention and, in several cases, were not reviewed promptly.

The watchdog said this led to at least ten instances of trading activity that were either not reported or reported late through Suspicious Transaction and Order Reports, a core requirement for regulated firms operating in Dubai’s financial centre.

“The integrity of financial markets relies on the vigilance of its participants. The regulated community has an obligation to ensure that it does not facilitate market abuse,” said Alan Linning, Managing Director of Enforcement at the DFSA.

He added, “The DFSA requires firms to have in place systems to detect potential instances of market abuse, and to immediately submit a Suspicious Transaction and Order Report, when they have reasonable grounds for suspecting market abuse.”

Change in control not disclosed

The investigation also found that the Ark failed to notify the regulator about a proposed change in control. An agreement had been entered into under which an investor acquired a 9.5% stake, with the option to increase ownership to 90% once certain conditions were met.

The firm took the view that notification was not required because the initial acquisition fell below the 10% threshold that would have triggered formal approval. The regulator rejected that interpretation, noting that the existence of an agreement outlining a path to control was sufficient to require disclosure.

Although the transaction did not ultimately proceed, the DFSA said the obligation to notify remained.

Linning said the regulatory relationship depends on openness between firms and the authority. “The relationship between the DFSA and the firms it regulates is built on transparency,” he said, adding that potential changes of ownership must be disclosed even if they are structured in stages.

“Structuring transactions to avoid the need for DFSA approval, such as staggering purchases into tranches that fall below percentage thresholds, does not absolve firms of their separate obligation to notify the DFSA of a potential change in Controllers,” he said.

Nivetha Dayanand
Nivetha DayanandAssistant Business Editor
Nivetha Dayanand is Assistant Business Editor at Gulf News, covering aviation, financial markets and commodities. A business and financial journalist with a strong interest in multimedia storytelling, she regularly takes complex financial and economic subjects beyond the written word, producing explainer videos that make them easier for a wider audience to understand. Nivetha has interviewed senior policymakers, business leaders and global financial figures both on and off camera. Her past guests include UAE Minister of Economy and Tourism Abdulla bin Touq Al Marri, Khaled bin Alwaleed Al Saud, a member of the House of Saud and the founder and CEO of KBW Ventures, Jihad Azour, Director of the Middle East and Central Asia Department at the International Monetary Fund and Indian ministers Hardeep Singh Puri and N. Chandrababu Naidu. She has also hosted and moderated panels, conferences and awards shows, bringing her newsroom experience to live conversations on business, finance and the economy. An Erasmus Mundus journalism alum, Nivetha is drawn to stories that affect people directly and to reporting that gives a platform to voices that might otherwise go unheard. She was among the first journalists to speak to Petrofac employees in the UAE about unpaid salaries, broke the news of the planned demolition of Dubai’s well-known “Toyota Building”, and helped set the record straight on widely circulated claims that a giant replica of the Moon was coming to Dubai. More recently, her exclusive interview with EDGE Group CEO Hamad Al Marar revealed how the UAE-based defence group deployed its systems along the country’s shore border and established a geofence around the UAE within 48 hours of the February 28 escalation. Prior to joining Gulf News, Nivetha worked at ITP Media, where she helped launch Finance Middle East, a new publication covering the region’s financial sector. Her role spanned reporting and editing, video production, interviews and events. Across print, digital, and video, she focuses on finding the people behind business stories and explaining why those stories matter to the audience reading or watching them.
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