Sharjah: Draft Law Regulating Property Leasing Approved

Khaleej Times (United Arab Emirates), 17 March 2024: Sharjah’s Executive Council has approved a draft law regulating property leasing in the Emirate. They approved it with amendments.

They reviewed the Law and made amendments after reviewing a report from the Legislative and Legal Affairs, Appeals, Suggestions and Complaints Committee.

It will regulate the relationship between landlords and tenants in line with the Emirate’s laws. It will repeal and replace the 2007 legislation on this area.

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Dubai Financial Services Authority Launches Consultation on Credit Fund, Public Property Fund and Real Estate Investment Trust Proposals

Dubai’s Financial Services Authority has launched a consultation on credit funds, public property funds and real estate investment trust proposals. It ends on 20 May 2024.

The Authority is proposing to amend the provisions in the Collective Investment Rules of the Authority’s Rulebook in terms of the regulatory regimes for Credit Funds, Public Property Funds and Real Estate Investment Trusts or REITs.

The Authority’s existing rules on External Funds ban a DIFC-based Fund Manager from managing a Credit Fund that is established or domiciled outside the DIFC. As part of the consultation, the Authority is proposing to remove this restriction and allow Fund Managers authorised by the Authority to manage External Funds that are Credit Funds. However, they will only be able to do so where the External Fund is a Qualified Investor Fund as defined in the Collective Investment Law, which means it has its Units offered to Persons only by way of a Private Placement, has its Units offered only to Persons who meet the criteria to be classified as Professional Clients and requires an initial subscription of at least 500,000 US Dollars to be paid by a person to become a Unitholder in the Fund.

The Prospectus of the External Fund should meet general requirements for External Fund Prospectuses and include information specific to Credit Funds equivalent to that currently required under CIR Rule 14.4.13.

The Authority is also proposing to review the entire Credit Fund regime in terms of potential imbalances and will launch a call for evidence soon to gather market feedback on various aspects of the regime.

In terms of Public Property Funds and REITs, the Authority is proposing to amend the 2006 Rules. The latest amendments were made in 2015.

In terms of Public Property Funds, the Authority is proposing to strengthen the diversity of the Fund Manager board of Directors so that at least a third of the members of the Governing Body of a Fund Manager of a Public Property Fund, including a public REIT should be non-executive Directors, who meet the requirements of sufficient skill, knowledge, experience and independence of mind.

Independence criteria for non-executive Directors are specified in Article 42(1)(a) to (f) of the Collective investment Law.

In addition, the Authority is proposing to increase the quality and granularity of the Oversight Committee’s report for the benefit of existing and prospective Unitholders. The report should also include a summary of material findings related to the conduct of the Fund Manager, including any actual or potential breaches or inadequacies.

The Authority is proposing that Investment Committee members, as well as being independent of the Fund Manager, should have suitable knowledge, skill and experience to carry out their functions and be in a position to commit sufficient time to perform their duties properly too.

The Authority is proposing these requirements only apply to Public Property Funds, rather than all Property Funds.

The Authority is proposing the Fund Manager be responsible for ensuring Investment Committee members satisfy these requirements as well.

Elsewhere, the Authority is proposing to bolster the requirements concerning the content of an Investment Committee’s report, which forms part of the Fund’s annual report. It is proposing the report includes information on the investment opportunities reviewed by the Committee members and the outcomes of their assessments. The Committee should be able to decide if any information regarding rejected opportunities remains anonymised too to protect commercially sensitive information.

The Authority is also proposing amendments to the disclosure of Fund Manager remuneration. The Authority is proposing that the Fund Manager should disclose detailed information on how its fees and other charges compare to the fees and charges of similar schemes in comparable jurisdictions in the Prospectus .

If the comparison identifies material differences, the Fund Manager should explain these differences in a clear fashion, the Authority is proposing.

When it comes to the termination of fund management agreements, the Authority is proposing to introduce a rule clarifying the Authority’s expectations related to the termination provisions, specifically for Public Property Funds. The Authority is proposing to require that the fund management agreement must contain balanced termination provisions preventing unfairly prejudicial treatment of the Unitholders.

Examples of these provisions include excessive notice or termination periods for the removal of the Fund Manager or onerous conditions effectively preventing the Unitholders from terminating the agreement in the case of fraud, gross negligence or wilful misconduct.

In terms of the valuation of Fund property the Authority is proposing to supplement the current valuation rules with requirements that the valuation report should be published on the REIT’s website and through the normal disclosure channels applicable to a Listed Fund. It is also proposing the valuation report should be published no later than one month after it has been prepared and published no later than two weeks before the payment of the Fund Manager remuneration. In addition, it is proposing that the validity of the valuation reports be reduced from six to three months and the permitted difference on completion between the valuation and the transaction price be reduced from 5% to a maximum of 3%.

The Authority is proposing to require two independent valuations to be carried out and published and all fund property to be required to be valued semi-annually too.

In terms of improving quality of assets invested by REITs, the Authority is proposing to set the requirement at 75% of the REIT’s total assets.

It is also proposing to reduce to 15% of the NAV the total contract value of property under development which a REIT can invest in.

In terms of the minimum size of REIT distributions, the Authority is proposing to increase the percentage of audited annual net income of a REIT which should be distributed to the Unitholders from 80% to 90% to align with international approaches in this area.

The Authority has added it is going to seek further feedback on the merits of introducing a minimum number of Unitholders in Public Funds requirement.

The Authority is not currently proposing amendments to the leverage limits for REITs. The current leverage limits for Property Funds is set at 65% of the Gross Asset Value of the Fund. However, the Authority will seek industry feedback from the industry on whether the current leverage limit for REITs is still adequate.

The REIT industry has called for a 2.5% reduction to 62.5%.

Finally, the Authority is proposing to allow affected entities to have 12 months to comply.

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Dubai: First Guide for Infrastructure Projects No Objection Certificates Approved

Al Bayan, 15 March 2024: Dubai’s Roads and Transport Authority has announced it has approved the first edition of the guide for submitting non-objection certificate transactions for infrastructure projects.

The guide aims to simplify procedures, increase transparency, make it more efficient to implement infrastructure projects and reduce the time required for services.

This will improve customer satisfaction.

It is also an essential guidance tool for contractors and consultants.

It provides clear guidance to those wanting to obtain the necessary permits for infrastructure projects in the train protection zone.

For the full story, click here.

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Dubai: New Investment Platform Launched

Arabian Business, 13 March 2024: Dubai’s Ruler has issued a Decree establishing a Unified Digital Platform for companies setting up in the Emirate.

Dubai Decree No. 13/2024 has been issued as part of efforts to improve Dubai’s business environment and support economic growth.

It aims to integrate various licensing processes in the Emirate including those managed by the Economy and Tourism Department and the authorities of special development zones and freezones, including the Dubai International Financial Centre (DIFC).

By offering a streamlined channel for accessing information, obtaining licences, and availing other services related to economic activities, the platform seeks to improve ease and convenience for investors.

The Economy and Tourism Department will be responsible for operating, managing and developing the Invest in Dubai platform together with the relevant licensing bodies and in line with the digital transformation guidelines set out by the Dubai Digital Authority.

All requests related to licensing and permits should be processed through the Invest in Dubai platform in line with the procedures, requirements, timelines and fees mentioned in the Guide. The Guide is an electronic document developed by the Economy and Tourism Department, It outlines the requirements for operating a business in Dubai.

The Chairman of the Executive Council will be responsible for issuing the decisions to implement the Decree. It annuls anything which may contradict it.

It applies to all economic activities in Dubai and aims to regulate the issuing of licences, permits and approvals in the Emirate to improve clarity and simplicity.

It also aims to help investors overcome obstacles in setting up or operating businesses in Dubai.

In addition, it aims to improve electronic integration between licensing departments and other key entities to avoid procedures being duplicated.

It aims to support digital transformation efforts in line with the objectives of the Dubai Economic Agenda D33 too.

It will be published in the Official Gazette and come into force on its published date.

Dubai Executive Council Decision No. 5/2024 has also been issued. Under this Decision, key principles to support investors in Dubai are introduced. The principles apply to the processes for all licences, permits and approvals related to business activities in the Emirate.

Under the Decision, all licensing entities and federal and local entities responsible for regulating and supervising business activities in the Emirate are also responsible for facilitating the investor journey in Dubai and implementing the relevant procedures to achieve this.

It also outlines various measures to provide a smooth investor experience. This includes registration on the Invest in Dubai digital platform, unified digital data registration and instant licensing. It also includes instant licence renewal, one-step fee payment, streamlining of licensing requirements and standardisation of procedures, rules and conditions.

It will be published in the Official Gazette and come into force when Dubai Decree No. 13/2024 comes into force.

Also reported in WAM Arabic on 13 March 2024. For the full story, click here.

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Dubai International Financial Centre Publishes New Digital Assets Law

The Dubai International Financial Centre has published a new Digital Assets Law.

Following the publication of DIFC Law No. 2/2024, the DIFC has also published amendments to the Contract Law 2004 (DIFC Law No. 6/2004), the Implied Terms in Contracts and Unfair Terms Law 2005 (DIFC Law No. 6/2005), the Law of Damages and Remedies 2005 (DIFC Law No. 7/2005), the Law of Obligations 2005 (DIFC Law No. 5/2005), the Trust Law 2018 (DIFC Law No. 4/2018), the Foundations Law 2018 (DIFC Law No. 3/2018), the Personal Property Law 2005 (DIFC Law No. 9/2005) and the Insolvency Law (DIFC Law No. 1/2019).

The amendments to those pieces of legislation are contained in the DIFC Amendment Law, DIFC Law No. 3/2024.

The Centre had announced a consultation on a proposed Digital Assets Law in October 2023. It ended on 5 November 2023.

The consultation on the proposed legislation and its enactment followed international common law developments and judgments, which have started to provide some clarity on digital assets. However, they have not provided a comprehensive legal framework mapping out the full extent of the legal characteristics of a digital asset and how users and investors within this asset class may interact with digital assets and each other.

DIFC Law No. 2/2024 defines a digital asset as

something that exists as a notional quantity unit manifested by the combination of the active operation of software by a network of participants and network-instantiated data, independently of any particular person and legal system and something that is not capable of duplication and use or consumption of the thing by one person or specific group of persons necessarily prejudices the use or consumption of that thing by one or more other persons.

It is characterised as intangible property and is neither a thing in possession nor a thing in action.

The Law also contains provisions on who will be considered to control a digital asset and how.

In addition, it includes general rules regarding title, transfer of title and the exercise of rights over digital assets in the event of death, incapacity or insolvency.

It includes provisions on the control of a digital asset where there is impairment and provisions on how control of a digital asset can be recovered as well.

There are also miscellaneous provisions on power to make Regulations.

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Dubai: First 3D Printing Construction Licence Approved

Arabian Business, 19 February 2024: The Planning and Development Department or Trakhees of the Ports, Customs and Free Zone Corporation or PCFC has announced it has approved the first 3D printing construction licence.

It was granted to Nakheel and is the first licence for construction using 3D printing technology for buildings in the Emirate.

It was granted to Nakheel for the Al Furjan Hills project in December 2023.

The printing process for the initial project was concluded 20 days after the start of construction operations.

3D printing is allowed in the construction sector in the Emirate under Dubai Decree No. 24/2021.

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