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Asset tokenization in Kuwait

Since July 2023, Kuwait has prohibited using virtual assets as an investment and granting licenses to provide services on them, with an exception for securities regulated by the CMA and the Central Bank. We review with you the right and the structure that can be prepared.

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Blockchain development in Kuwait: dotted globe with the country marked by its flag

They trust Metlabs to tokenize their assets

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Didit - Metlabs client
Cool Farming - Metlabs client
Criptorent - Metlabs client
DDC Developments - Metlabs client
Stripe - Metlabs client
Cox Energy - Metlabs client
Bridge - Metlabs client
Casa de Outeiro - Metlabs client
Divend - Metlabs client
Onyze - Metlabs client
Ursus-3 Capital - Metlabs client
Tokenizante - Metlabs client
Gofaizen & Sherle - Metlabs client
LAOLA Surf Camp - Metlabs client
CertiK - Metlabs client
Briga - Metlabs client
Hacken - Metlabs client
Sanmortech - Metlabs client
ECIJA Abogados - Metlabs client
TOK4REAL - Metlabs client
Brickeny - Metlabs client
IDC Valores - Metlabs client
SoulBit - Metlabs client
byTask - Metlabs client
Humantial - Metlabs client
ATH21 - Metlabs client
Astria Capital - Metlabs client
Catenon - Metlabs client
Arborem - Metlabs client
Padel Sport Club - Metlabs client
NET2FLY - Metlabs client
The White Capital - Metlabs client
SHAMUSIC - Metlabs client
Slide.fun - Metlabs client
Sumsub - Metlabs client
Unodeuno - Metlabs client
Comunidad Solar - Metlabs client
Synergyland - Metlabs client
Current framework

Can assets be tokenized in Kuwait?

Today there is no established route to offer investment tokens to the Kuwaiti public. CMA Circular 10/2023 prohibits dealing with virtual assets as an investment medium and exempts regulated securities, but the exemption covers the security, not a token representing it, and our guide has found no CMA rules for securities on a distributed ledger.

2023

year of CMA Circular 10, which prohibits using virtual assets as a means of payment or investment

CMA · Circular 10/2023

50

partners at most in a W.L.L., whose membership interests are not negotiable and cannot be offered to the public

Companies Law, arts. 92 and 94

2024

year the CMA opened the initial phase of Module 19, with registration of crowdfunding platforms

CMA · Module 19
What gets tokenized

Debt, equity and revenue: what gets tokenized in Kuwait

Almost every tokenized issuance represents one of these three rights against the issuer. In Kuwait, all three can only be offered as securities regulated by the CMA, which is what Circular 10/2023 leaves outside the prohibition, and that exemption does not turn a token into a security.

RightDebtEquityRevenue
What is issuedBondsShareholding company sharesSukuk and securitization
The investor receivesThe investor lends to the issuer and receives interest and, at maturity, the principal.The investor joins the capital: dividends, voting rights and a share of any sale or liquidation.The investor is paid from the cash flows of the assets or project backing the issuance, under its terms.
The token enforces
  • Coupon and payment schedule
  • Maturity and redemption
  • Verified investors only
  • Dividend distribution
  • Voting rights
  • Transfer restrictions
  • Percentage and calculation base
  • Distribution frequency
  • Term and buyback
IssuerShareholding company, CMA approvalK.S.C.P. or K.S.C.C.Special purpose company
RegisterClearing agentClearing agentAs the CMA requires
LawLaw 7/2010 and CMA bylawsCompanies Law 1/2016Companies Law, art. 14; CMA
How it is issuedA bond is a security regulated by the CMA, and a W.L.L. cannot borrow by issuing negotiable securities. Securities of a public shareholding company are deposited with a clearing agent, whose depository receipt serves as the title deed, so a token does not replace that deposit.A W.L.L., with up to 50 partners, cannot raise capital from the public and its membership interests are not negotiable. A closed shareholding company can only increase capital by public subscription with CMA approval, and it then becomes a public one. The shareholders' register is held with a clearing agent.The law allows companies to be incorporated for the sole purpose of issuing sukuk or other securitizations, under the requirements set by the bylaws. A revenue right offered as a token outside a regulated security does not fall within the exemption, because Circular 10/2023 prohibits dealing with virtual assets as an investment.
Regulation

Which regulation applies to tokenization in Kuwait?

Regulation guide for Kuwait

Three July 2023 circulars, from the CMA, the Central Bank and the Ministry of Commerce, prohibit using virtual assets as a means of payment or investment, providing services on them and mining, and the CMA does not grant licenses for those services. Securities and financial instruments regulated by the CMA, under Law 7/2010, and by the Central Bank are exempted.

The exemption allows a specific security to be analyzed under Law 7/2010 and with the CMA approval its offering requires, but it does not turn a token into that security. Securities of a public shareholding company go to the central depository of a clearing agent, and our guide has found no CMA rules for representing them on a distributed ledger.

CMA Module 19 regulates crowdfunding and digital financial advice, and it is not a virtual asset license. What can be prepared is the analysis of the right, the documentation of a regulated issuance and the platform, for when the framework allows it. We coordinate that work with the law firm, and only entities authorized by the CMA provide the regulated services.

Kuwait

Activity prohibitedScore0
Authorities
Capital Markets Authority (CMA); Central Bank of Kuwait (CBK); Ministry of Commerce and Industry
Latest regulatory change
Jul 2023

Key authorisations

  • No VASP licences granted under the 2023 circulars
  • Fintech registration or licensing according to admitted financial service
  • Securities permissions according to instrument and activity

Our legal partners

A&O Shearman - Legal partner logo
Latham & Watkins - Legal partner logo
Willkie Farr & Gallagher - Legal partner logo
Winston & Strawn - Legal partner logo
Penkies - Legal partner logo
ATH21 - Legal partner logo
A&O Shearman - Legal partner logo
Latham & Watkins - Legal partner logo
Willkie Farr & Gallagher - Legal partner logo
Winston & Strawn - Legal partner logo
Penkies - Legal partner logo
ATH21 - Legal partner logo
Methodology

How we tokenize an asset in Kuwait, step by step

The four phases of our methodology, adjusted to the Kuwaiti framework: the first two can be done today, and the last two depend on an authorized route to represent the security as a token.

  1. We review the asset's title, encumbrances and cash flows and define with the issuer which right the token would represent: a bond, shares in a shareholding company or a sukuk. That sets the vehicle, the amount and the approval the issuance would need from the CMA.

    Issuance structure of a residential complex in Excel for an asset tokenization project
  2. The law firm assesses whether the instrument is a security regulated by the CMA and therefore outside the 2023 prohibition, and prepares the offering documents. As long as there is no established route to represent that security as a token, the next phases do not start.

    Word legal opinion classifying the tokens in an asset tokenization, with the law firm's tracked changes
  3. We design the white-label platform and the ERC-3643 tokens with the issuance rules, investor onboarding with KYC and the holder register, ready to reconcile with the clearing agent, whose depository receipt identifies the holder.

    Residential project page on a white label asset tokenization platform under the issuer's brand
  4. Fundraising only starts with an offering approved by the CMA and an authorized route for the token. Then we prepare the offering page with the issuer and the authorized entity placing the issuance; until that point no offer is made to investors.

    Go-to-market funnel of an asset tokenization issuance in PostHog, from visit to paid subscription
Reviews in Kuwait

What do our clients think of Metlabs?

“One of the pioneering firms in web3 solutions, digital assets and tokenization, recognized for its innovation and solid reputation across Spain and Latin America.”

Jorge Corredor
Jorge CorredorLawyer, Rincón Cuéllar & Asociados

“We structured the tokenization of real estate projects with them, and I value the team's ability to understand our corporate needs and genuinely solve them.”

Joan MejíaManager, GLOBYNE

“They advised us on the feasibility of tokenizing real estate assets in Uruguay with direct, cordial treatment. A professional team, responsive and always available.”

Álvaro Silva Santamaría
Álvaro Silva SantamaríaCEO, Sp Inmuebles

“Great professionals at structuring tokenized projects, with technical command and attention to detail that inspire full confidence at every stage of the work.”

Francisco BetancourtVerified Google review

“As a blockchain lawyer, I value their experience and professionalism in consulting and executing tokenization projects. Technology partners you can fully trust.”

Vanessa Rivas
Vanessa RivasBlockchain lawyer, El Salvador

“Great professionals, very attentive to their clients and always mindful of every detail. Working with their team has been a genuine pleasure from start to finish.”

CriptorentVerified Google review

“A very professional yet approachable company that empathizes with your doubts and needs. Highly recommended for entrepreneurs with a tokenization project.”

Javier Espasa
Javier EspasaTokenization entrepreneur

“Exceptional in every sense. From legal support I value their rigor and transparency: working with Metlabs means professionalism, innovation and security.”

Pedro A. Agúndez Méndez
Pedro A. Agúndez MéndezGoogle Local Guide

“Excellent service across blockchain development, asset tokenization and consulting. A very professional team that I recommend wholeheartedly, without reservation.”

José Luis DíazVerified Google review

“I have worked with them on several projects and they are very professional. A guarantee that everything turns out perfectly. Without a doubt, 100% recommended.”

Ignacio Fernández Jiménez
Ignacio Fernández JiménezVerified Google review
Google Reviews
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Platform

What does our white label tokenization platform include?

The investor portal, ERC-3643 tokens and issuer console, under your brand. Out of the box it handles onboarding, signing, payment and distributions; anything else your issuance needs, such as a local payment method or a connection to your bank or custodian, we build on the same platform.

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Home page and project catalog of a white label tokenization platform on a laptop and phone
  • Your brand and domainYour visual identity and legal texts across the investor portal.
  • Investor onboardingSign-up, KYC, KYB and AML checks, and a custodial wallet per investor.
  • End-to-end investmentE-signature and payment by SEPA transfer or stablecoin (USDC/EURC).
  • ERC-3643 tokensEvery subscription is issued under the offering's rules.
  • Issuer consoleProjects, investors, reconciliation, distributions and reporting.
  • Compliance and audit trailKYC status per user and an exportable audit log.

Institutional custody, integrated

We integrate custody and key management providers through their APIs, including Fireblocks, BitGo, Coinbase Prime, Anchorage Digital, Copper and Ledger Enterprise. Depending on the provider and model, keys are managed with MPC or multisig so that none depends on a single device. If the token is a security, custody on behalf of clients is provided by an authorized entity.

FAQ

Frequently asked questions about tokenization in Kuwait

What we are asked before a project starts.

Talk to our team
  1. Is it legal to tokenize assets in Kuwait?

    Today there is no established route to offer investment tokens to the public. Since July 2023, using virtual assets as an investment medium has been prohibited and no licenses are granted to provide services on them. Only securities regulated by the CMA and the Central Bank are exempted, and the exemption covers the security, not a token representing it.

  2. Does the securities exemption allow a security token to be issued in Kuwait?

    Not because of the label. It must be shown that the instrument is a regulated security and that the issuance and the services hold the required permissions, starting with CMA approval to offer it. Securities of a public shareholding company are evidenced by the clearing agent's depository receipt, not by a token.

  3. Can a W.L.L. raise money from investors in Kuwait?

    Not from the public. The Companies Law prohibits incorporating or increasing the capital of a W.L.L. by public subscription, its membership interests are not negotiable and it cannot borrow by issuing negotiable securities. Opening the capital requires a shareholding company and, if the subscription is public, CMA approval.

  4. What does CMA Module 19 cover?

    Crowdfunding, through platforms registered in the CMA's financial technologies register, and licensed digital financial advice. Its initial phase began on January 2, 2024, and the evaluation period on July 1, 2025. It is not a virtual asset license and does not enable token issuance.

Asset tokenization

Assets we tokenize in Kuwait.

Let's talk about your project in Kuwait

Tell us which right you want to issue and we will review the structure and what the Kuwaiti framework allows today, without committing to issuance timelines.

Tell us about your project
Where we are

We're your tokenization company in:

Dotted globe showing the Metlabs headquarters in A Coruña and its presence in Andorra
Proa building in A Coruña, headquarters of Metlabs, a blockchain development and tokenization company

Metlabs Offices

Av. García Sabell, 1, Edificio Proa 15009 A Coruña, Spain

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