Abu Dhabi: Exemption Period to Pay Health Subscriptions Fines Extended

Alroeya, 10 November 2021: Abu Dhabi’s Health Department has announced the deadline for exemptions from delay fines for health insurance subscribers has been extended.

Subscribers now have until 2 January 2022 to pay the outstanding fines.

The move is part of the Department’s commitment to ensuring the continuity of access for all members of society to healthcare services.

The exemption includes individuals sponsored under an individual sponsorship, like domestic workers, children, parents and individuals who are late in completing or renewing the health insurance subscription.

A fine of 300 AED will be imposed for each month of delay after the deadline in addition to any other fines incurred before this exemption. For full story, click here.

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Abu Dhabi: Personal Status Law for Non-Muslims Issued

The UAE’s President and Abu Dhabi Ruler has issued a Personal Status Law for non-Muslims.

It will regulate personal status matters for non-Muslims in the Emirate.

It aims to provide a flexible and developed judicial mechanism for personal status disputes for non-Muslims.

It is the first law of its kind in the world and has been issued in line with international best practices.

It will guarantee the right of non-Muslims to be subject to an internationally acknowledged law which is familiar to them in terms of culture, customs and language as well.

In addition it will protect the interests of children, particularly where their parents separate.

A specialist court to hear these types of disputes has also been established.

Their procedures will be in Arabic and English. This is aimed at helping foreigners understand judicial procedures and improve judicial transparency.

It covers civil marriages, divorces, joint custody of children and inheritance.

The first chapter of the law regulates the marriage procedures for foreigners before the courts. This is done by introducing the concept of civil marriage based on the will of both husband and wife.

The second chapter defines the divorce procedures for non-Muslims. It also specifies the rights of the spouses after divorce and judicial discretion in assessing the wife’s financial rights in line with several criteria. This includes the number of years they have been married for, the wife’s age and the economic standing of each of the spouses.

The third chapter introduces a new concept in custody of children where the parents divorce. This is the concept of shared or joint custody. This will enable fathers and mothers to share custody equally.

The fourth chapter addresses inheritance issues, the registration of wills for non-Muslims and the right of a foreigner to draw up a will to devolve all of their property to any one they want to.

The fifth chapter of the law regulates proof of paternity for non-Muslim foreigners. The evidence will have to be based on marriage or recognition of paternity. Also reported in Alroeya on 7 November 2021. For full story, click here.

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Abu Dhabi Global Market Proposes Merging Regulatory Committee with Appeals Panel

The Financial Services Regulatory Authority of Abu Dhabi’s Global Market has proposed merging its Regulatory Committee and Appeals Panel. Their consultation on the proposals ends on 5 December 2021.

The aim is to create a more streamlined and efficient process for resolving regulatory disputes.

If approved, the change will be introduced by enacting amendments to the Financial Services and Markets Regulations 2015.

The new body would start operating on 1 January 2022.

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UAE: Issuing Cheques in Bad Faith is Still a Criminal Offence

Al Bayan, 3 November 2021: The President of the Court of Appeal in Dubai has announced issuing bounced cheques is still a criminal offence.

They made the announcement following confirmation about the implementation of amendments to the Commercial Transactions Law and the decriminalisation of cheques without a balance.

These amendments do not cancel the criminalisation of giving a cheque in bad faith.

Articles 401, 402 and 403 of Federal Law No. 3/1987 have been repealed.

Under the amendments, the current criminalisation in the Penal Code related to issuing a cheque without an appropriate balance has been abolished, except for in four instances.

These are cheque fraud, cheque fraud by giving an order to the bank not to cash the cheque without right, withdrawing the entire balance before the date of issuing the cheque, intentionally complicating the drafting of the cheque or deliberately signing it in a way which prevents it being cashed. For full story, click here.

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UAE: Commercial Transactions Law Amendments to be Implemented From January 2022

The UAE’s Central Bank has announced amendments to the Commercial Transactions Law regarding the decriminalisation of cheques and partial payment of cheques will be implemented from 2 January 2022.

Tougher administrative penalties for issuing cheques without funds will also be imposed from the same date. Penalties, including withdrawal of a cheque book from the offender, denying them the right to receive new cheque books for up to five years and suspending their professional or commercial activity will be imposed.

The amendments are contained in Federal Decree-Law No. 14/2020.

Under these amendments, the scope for criminalisation of bounced cheques because of insufficient funds has been refined and confined to cases of bad faith and other cheque crimes.

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