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Kuwait: Law Firm Organisation Decision Issued

Kuwait: Law Firm Organisation Decision Issued

  • 30/10/202030/10/2020
  • by Benjamin Filaferro

Kuwait’s Commerce and Industry Ministry has issued a Decision which includes a regulation for organising professional law firms. The Trade and Industry Ministry said it was drafted and approved together with the Kuwaiti Lawyers Association. It specifies the form of professional law firms. They can be a solidarity, a closed shareholding or a simple recommendation, or with limited liability. It also specifies the conditions for incorporation. The capital of the professional law firm, whatever form it takes, may not be less than 10,000 Kuwaiti Dinars. Under the new regulations, professional law firms cannot practice unless it is through a licensed partners or shareholder. However, a professional law firm may seek the assistance of licensed lawyers who are registered in the list of practicing lawyers, provided they are subject to the supervision and responsibility of the firm.

Bahrain: Bahrainisation Rate in Government-owned Companies Increased

Bahrain: Bahrainisation Rate in Government-owned Companies Increased

  • 30/10/202030/10/2020
  • by Benjamin Filaferro

Bahrain’s Parliament has approved an increase in the Bahrainisation rate in Government-owned companies in the Kingdom. It means the rate will be able to be increased to 95% within three years. The proposal has been submitted to the Government to consider. They also approved a proposal to ban foreigners from assuming Director of Human Resources positions in Government entities or entities or companies owned by the State where the State contributes more than 50% the capital. They have also referred it to the Government to consider.

UAE: Global Market Launches Public Consultation on Proposed Company Service Providers’ Framework

UAE: Global Market Launches Public Consultation on Proposed Company Service Providers’ Framework

  • 30/10/202030/10/2020
  • by Benjamin Filaferro

Abu Dhabi Global Market’s Registration Authority has launched a public consultation on its proposed Company Service Providers’ framework. It will end on 24 November 2020. The proposed framework will make it mandatory for particular special purpose vehicles and foundations to appoint Company Service Providers. They will also have to impose regulatory requirements on those providers. The aim of the framework is to protect Global Market entities and adapt to the success and increasing demand for Global Market special purpose vehicles and foundations. These structures have introduced several challenges and risks, particularly for entities which do not have a direct connection to the UAE or the Global Market. Transition periods have been proposed for the affected entities and for existing Company Service Providers wanting to engage in these activities under the new framework.

UAE: Country’s Commercial Transactions Federal Law No. 18/1993 Amended

UAE: Country’s Commercial Transactions Federal Law No. 18/1993 Amended

  • 30/10/202030/10/2020
  • by Benjamin Filaferro

The UAE’s Cabinet has approved amendments to the country’s Commercial Transactions Law (Federal Law No. 18/1993). A Decree-Law to this effect has been approved. It will come into force in 2022.
The amendments include changing certain provision covering bounced cheques and the issuing of cheques without value, by providing fast, advanced and civil mechanisms to collect the outstanding payments. The amendments also re-define crimes involving cheques have been redefined.
In addition, several mechanisms and alternatives will be introduced to ensure payments are collected by cheque simply and quickly. For example, banks will have to partially pay the amount after deducting the total amount available to the beneficiary and make bounced cheques an executive document to be executed directly by an appropriate judge in court.
The amendments will introduce several ancillary penalties, including cancelling the cheque books of convicts and preventing them from obtaining new ones for up to five years. They will also be suspended from practising professional or commercial activities. Additional penalties for legal persons except banks and financial institutions will also be introduced. These penalties will include fines and licenses may be suspended for up to six months. Those who repeat violations will have their licenses revoked or dissolved.
Other amendments cover the opening of joint accounts between two and more people. If one of the joint account holders dies or loses legal control, the other joint account holders will have to notify the bank within ten days of the date of death or disqualification. The bank will then have to limit the ability to withdraw from the joint account within a party’s share of the account balance on the day of death or loss of eligibility.
This provision will apply from the day after the Decree-Law is published in the Official Gazette.
The aim of the amendments is to avoid criminal lawsuits and facilitate related procedures, by encouraging reconciliation and encouraging the value of the original cheque to be paid as the main condition a criminal lawsuit to be avoided.

Saudi Arabia: Fintech Saudi Launches Fintech System Directory

Saudi Arabia: Fintech Saudi Launches Fintech System Directory

  • 25/10/202025/10/2020
  • by Benjamin Filaferro

Fintech Saudi has announced it has launched a new Fintech System Directory. It is part of the Organisation’s moves to develop this system in the Kingdom. The free directory will be publicly available on Fintech Saudi’s website. It provides a comprehensive database of the key support services and partners Fintech companies in the Kingdom may need. It is divided into five main categories. These include investors, financial institutions, infrastructure providers, service providers and IT providers. It also provides the details of 32 companies. These details include their contact information, services which can be provided and any exclusive offers or discounts which can be provided to Fintech entities. The launch of the directory follows applications for the Fintech Accelerator being accepted from October this year. The Accelerator offers an intensive three-month entrepreneurship programme which is aimed at helping Fintech communities grow and expand their businesses. Fintech Saudi will also launch Fintech Tour 20 which will be a series of high-profile events to increase public engagement in the Fintech industry at the end of next month.

Qatar: New Rules for Installing Surveillance Cameras Announced

Qatar: New Rules for Installing Surveillance Cameras Announced

  • 25/10/202025/10/2020
  • by Benjamin Filaferro

Qatar’s Interior Ministry has announced new rules for installing surveillance cameras at Government entities and private companies in the country. The rules will be specified by the appropriate authority. The rules will vary depending on the type of company or institution. Under the rules, before surveillance cameras are installed, the relevant party has to get approval from the Security Systems Department. Permits will also be issued to specific exhibitions and institutions.

Oman: VAT Penalties Announced

Oman: VAT Penalties Announced

  • 25/10/202025/10/2020
  • by Benjamin Filaferro

Tax experts in Oman have announced the VAT penalties have been approved. The penalties will include fines and jail terms for violators. The fines will vary between 1,000 and 10,000 Rials. Violators will be jailed for between two months and a year. Violators could be fined and jailed. The penalties will be doubled for repeat offenders. However, the jail terms may not be increased by more than 50%. Offences which will result in penalties include taxable entities which deliberately fail to identify the ‘responsible person’. This person is the company’s designated point of reference on tax matters. Legal action may also be taken ‘the responsible person deliberately fails to notify the Oman Tax Authority and obtain its consent to appoint another responsible person during the period of his absence for a period of more than 90 days’. Unauthorised fudging of data, failure to tax returns, failure to maintain tax invoices and documents in the prescribed way, failure to respond to a summons and submitting inaccurate data to secure a refund will also result in penalties being imposed. In addition, late tax payments will lead to 1% of the tax owed for every month or part of a month it remains pending being imposed.

Kuwait: Draft Demographic Imbalance Law Approved

Kuwait: Draft Demographic Imbalance Law Approved

  • 25/10/202025/10/2020
  • by Benjamin Filaferro

Kuwait’s National Assembly has approved the country’s draft Demographic Imbalance Law. If approved, it will allow the Government to specify the maximum numbers of expatriates in the country. They will have to submit regular demographic imbalance reports to the Assembly. Exemptions for the children and husbands of Kuwaiti women married to foreigners and other GCC citizens have been removed. The penalty provisions in the Law have also been removed as there are stricter penalties in other legislation like the Foreigners Law. It has been referred to the Government to consider further.

Bahrain: Draft Protection of New Plant Varieties Law Approved

Bahrain: Draft Protection of New Plant Varieties Law Approved

  • 25/10/202025/10/2020
  • by Benjamin Filaferro

Bahrain’s Public Utilities and Environment Committee has approved a draft law to implement the International Convention for the Protection of New Plant Varieties. It will protect new plant varieties in the Kingdom, regulate the rights and duties of plant breeders and support investment in scientific research and agriculture to develop new plant varieties of high economic and productive value. The explanatory memorandum to the draft law states the justifications for the law is to protect new plant varieties, regulate the conditions for protecting plant varieties, specify the duration of protection and the exceptions. It also states the controls of compulsory licenses, and the precautionary measures to protect Plant breeder rights. In addition, it specifies criminal penalties for violating their rights or violating the law.

UAE: Abu Dhabi Public Consultation on Proposed Amendments to Application of English Law Regulations 2015

UAE: Abu Dhabi Public Consultation on Proposed Amendments to Application of English Law Regulations 2015

  • 25/10/202025/10/2020
  • by Benjamin Filaferro

The Abu Dhabi Global Market has launched a public consultation on proposed amendments to its Application of English Law Regulations (AELRs) 2015. The consultation ends on 15 November 2020. The Regulations are the cornerstone of the Market’s legislative framework. Since their introduction in 2015, certain English Statutes in the Regulations have been amended in England. The amendments made in England have no legal effect in the Global Market, unless they are incorporated by the Board of the Global Market into the Regulations. The aim of the proposed amendments is to enhance the current Regulations by reflecting and incorporating appropriate amendments made in England to the English Statutes, as well as introducing additional English statutes.

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