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Sharjah: Decree Reorganising Business Women Council Issued News developments

Sharjah: Decree Reorganising Business Women Council Issued

  • 25/07/202425/07/2024
  • by Hannah Gutang

Albayan, 12 July 2024: The Ruler of Sharjah has issued a decree regarding the reorganisation of the Sharjah Businesswomen Council.

According to the decree, the Council has a legal personality and full capacity to carry out the necessary legal actions to achieve its goals and exercise its powers.

It has financial, administrative and technical independence, and it is considered one of the institutions affiliated with the President.

The decree states that the name of the Council will be adopted in English as “Sharjah Business Women Council” and known for short as “SBWC”.

The Council’s headquarters and main office will be in the city of Sharjah, and it is permissible, by a decision of the President, to establish branches and offices in the rest of the cities and regions of the emirate.

The decree states that the Council aims to strengthen the position of the Sharjah Business Women Council locally and globally.

It will do this by providing a sustainable and enabling environment for businesswomen and entrepreneurs, changing the trends and general culture of women towards different business sectors, encouraging the principle of competitiveness among businesswomen, and working to encourage women to practice economic work and overcome the difficulties they face.

According to the decree, in order to achieve its objectives, the Council shall draw up public policy and develop strategic plans.

It will strengthen strategic partnerships with women decision-makers and institutions that have similar goals, both locally and globally.

The Council will also coordinate with relevant government agencies and encourage investment activities. Additionally, it will work to enhance women’s skills and capabilities in the field of entrepreneurship.

The Council is also tasked with proposing plans and designing programmes to support women’s status and participation in various economic sectors.

It will establish investment portfolios with financial institutions.

The Council will provide business development opportunities through consultations, trade missions, conferences and exhibitions.

It can conclude contracts, agreements, memorandums of understanding and partnerships after approval by the President.

The Council will grant facilities and benefits to its female members in cooperation and coordination with government agencies and competent authorities.

It will also carry out any other tasks assigned by the President.

For the full story, click here.

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Ajman: Eimir Decree on Statistics Centre Issued News developments

Ajman: Eimir Decree on Statistics Centre Issued

  • 25/07/202425/07/2024
  • by Hannah Gutang

Al-Watan, 23 July 2024: The Ruler of Ajman has issued a decree amending the previous decree regarding the Ajman Statistics Centre.

The new decree, Ajman Emiri Decree No. 7/2024, replaces the title “Executive Director” with “General Director” in the previous Ajman Emiri Decree No. 8/2022 and any other relevant legislation.

Furthermore, Article 6 of Ajman Emiri Decree No. 8/2022 has been replaced with the following: “The centre will have a general director appointed by a decree issued by the ruler, and a sufficient number of technical and administrative employees, all of whose job affairs will be managed and organised in accordance with applicable human resources legislation in the emirate’s government.”

The decree also abolishes any conflicting provisions in other legislation and will be effective from the date of its issuance and published in the Official Gazette.

Additionally, the Ruler has issued Ajman Emiri Resolution No. 10/2024, appointing the General Director of the Ajman Statistics Centre.

This resolution will also be effective from the date of its issuance and published in the Official Gazette.

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Abu Dhabi: Service for Land Exchange Launched News developments

Abu Dhabi: Service for Land Exchange Launched

  • 25/07/202425/07/2024
  • by Hannah Gutang

The Abu Dhabi Housing Authority has launched the residential land exchange service among citizens, in response to their desires to achieve social cohesion.

The service allows them to exchange the residential land previously granted to them with another land with other citizens or from the residential lands available to the Authority.

Eligible citizens can benefit from this service under specific regulations and conditions.

The land to be replaced must be residential, undivided, free of construction work except for fencing, and have no construction obstacles apart from the lack of infrastructure services.

The Director General has stated that the residential land exchange service launch is part of the Authority’s efforts to develop its residential services portfolio, aiming to meet citizens’ housing needs.

For the full story, click here.

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UAE: New Law to Promote Fair Competition and Monopolistic Practices News developments

UAE: New Law to Promote Fair Competition and Monopolistic Practices

  • 18/07/202418/07/2024
  • by Hannah Gutang

Khaleej Times, 11 July 2024: The UAE has introduced a new law prohibiting companies from offering or applying very low prices for production, transfer and marketing with a monopolistic approach to drive other companies out of competition.

The new law defines competition as the act of conducting economic activities based on market mechanisms, but not such mechanisms that harmed trade, development and consumer interests.

It is aimed at ensuring fair competition and prohibiting monopolistic approaches for all companies, as well as protecting consumers’ rights in the country and also regulates mergers and acquisitions in the local market.

The ministry has monitored and communicated with local authorities for inspections to ensure fair competitive practices in the country and the authority could also act in case of receiving a complaint.

This was announced during a media briefing while revealing details of Federal Decree-Law No. 36/2023 on competition regulation, which promoted and protected competition, combated monopolistic practices, and countered harmful economic concentration of consumers in the UAE.

The fines and penalties for the companies are under review and will be released once the Cabinet approves them.

The new law aims to combat monopolistic practices by ensuring a stimulating environment for enterprises, contributing to improving effectiveness, competitiveness and protecting consumer interests.

This new law also aims to promote the market economy and economic activities in line with the principle of economic freedom, and ensure that economic concentration is monitored.

Its provisions speak to all conditions that may undermine, limit, prevent or restrict competition.

Ensuring consumer protection from anti-competitive practices in the context of operationalisation of new market mechanisms, as well as the promotion of economic efficiency, marketing and research and development, are also key goals.

The new law clarifies that economic concentration refers to the dominance of a small number of firms within a particular industry.

It defines economic concentration as any act resulting in the complete or partial transfer (merger or acquisition) of ownership, usufruct rights, property rights, equity, shares or obligations from one establishment to another.

This empowers the acquiring establishment or group of establishments to directly or indirectly control the acquired establishment or group of establishments.

The law takes into consideration the annual sales value of the enterprises concerned and not only the total share of such enterprises involved in the economic concentration process.

Two conditions must be satisfied to successfully complete the process of economic concentration.

The first condition indicates that the total value of annual sales of such establishments in the relevant market, for the last fiscal year, must exceed the amount determined by the Cabinet, upon the minister’s proposal.

The second condition states that the total share of such establishments must exceed the percentage of the total transactions in the relevant market during the last fiscal year, as determined by the Cabinet.

Federal Decree-Law No. 36/2023 establishes the regulations for submitting the application for economic concentration, the documents to be attached, and its examination mechanisms.

The ministry has stated that companies can submit their views on the Application for Economic Concentration project and also provide any data or information that would help study the request, in line with global best practices in the field of competition.

The ministry has also elaborated that efforts are currently underway to develop a more agile and sustainable competitive system, including the launch of more pioneering legislation, initiatives, and programmes to make the UAE a global hub for the new economy within the next decade.

The law assigns new responsibilities to the Competition Regulation Committee as well, such as proposing the general policy for protecting competition and scrutinising issues related to the application of the provisions of this law and making recommendations.

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Sharjah: Decree Reorganising Business Women Council Issued News developments

Sharjah: Decree Reorganising Business Women Council Issued

  • 18/07/202425/07/2024
  • by Hannah Gutang

Albayan, 12 July 2024: The Ruler of Sharjah has issued a decree regarding the reorganisation of the Sharjah Businesswomen Council.

According to the decree, the Council has a legal personality and full capacity to carry out the necessary legal actions to achieve its goals and exercise its powers.

It has financial, administrative and technical independence, and it is considered one of the institutions affiliated with the President.

The decree states that the name of the Council will be adopted in English as “Sharjah Business Women Council” and known for short as “SBWC”.

The Council’s headquarters and main office will be in the city of Sharjah, and it is permissible, by a decision of the President, to establish branches and offices in the rest of the cities and regions of the emirate.

The decree states that the Council aims to strengthen the position of the Sharjah Business Women Council locally and globally.

It will do this by providing a sustainable and enabling environment for businesswomen and entrepreneurs, changing the trends and general culture of women towards different business sectors, encouraging the principle of competitiveness among businesswomen, and working to encourage women to practice economic work and overcome the difficulties they face.

According to the decree, in order to achieve its objectives, the Council shall draw up public policy and develop strategic plans.

It will strengthen strategic partnerships with women decision-makers and institutions that have similar goals, both locally and globally.

The Council will also coordinate with relevant government agencies and encourage investment activities. Additionally, it will work to enhance women’s skills and capabilities in the field of entrepreneurship.

The Council is also tasked with proposing plans and designing programmes to support women’s status and participation in various economic sectors.

It will establish investment portfolios with financial institutions.

The Council will provide business development opportunities through consultations, trade missions, conferences and exhibitions.

It can conclude contracts, agreements, memorandums of understanding and partnerships after approval by the President.

The Council will grant facilities and benefits to its female members in cooperation and coordination with government agencies and competent authorities.

It will also carry out any other tasks assigned by the President.

For the full story, click here.

For more news and content, try Lexis Middle East. Click on lexis.ae/demo to begin your free trial of Lexis® Middle East platform.

You can also explore the legal landscape by subscribing to our Weekly Newsletter.

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UAE: Council Approves Technical Education Policy News developments

UAE: Council Approves Technical Education Policy

  • 12/07/202412/07/2024
  • by Hannah Gutang

Al-Bayan, 25 June 2024: The Federal National Council’s Education, Culture, Youth, Sports and Media Affairs Committee has endorsed the government’s policy report on technical education and vocational training.

The committee has reviewed research compiled by the Council Secretariat and consulted relevant authorities.

Their aim was to understand the existing challenges, potential solutions, and overarching strategy for technical and vocational education.

Based on these studies and stakeholder meetings, the committee proposed a set of recommendations.

The discussions focused on two critical aspects: they examined the legislative framework regulating technical and vocational education and training programs.

Additionally, they looked at the policies and strategic plans guiding the nationwide implementation of such programs across the UAE.

For the full story, click here.

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UAE News developments

DIFC: Proposed Changes to Real Property Law and Regulations

  • 12/07/202412/07/2024
  • by Hannah Gutang

The DIFC has announced a consultation on proposed changes to the DIFC Real Property Law (DIFC Law No. 10/2018) and the DIFC Real Property Regulations 2020.

The consultation is of interest to those purchasing or intending to purchase Off Plan Lots within the DIFC, those purchasing a property with a Mortgage, or entering into Leases of property within the DIFC.

Key proposed changes include increasing the period to Register an Off Plan Sale in the Off Plan Register from 30 days to 60 days. The could also be a clarification of the timeline of when an Off Plan Sales Agreement can be terminated by a Prospective Owner should a Developer fail to provide a Disclosure Statement after the parties have entered into an Off Plan Sales Agreement.

Article 156(4) of DIFC Law No. 10/2018 currently requires a Developer to lodge for Registration each Off Plan Sale in the Off Plan Register no later than 30 days after the entering into of an Off Plan Sales Agreement with the Prospective Owner. Any type of reservation form or similar (which is often used at the launch of Off Plan Sales to secure interest in a Lot) where a sum of AED 5,000 or more is received by a Developer is caught within the definition of an Off Plan Sales Agreement. Therefore, the current 30-day period for Registration runs from the effective date of such a form or agreement. However, in practice it may take longer than 30 days for a Prospective Owner to sign the final Sale and Purchase Agreement, once received from the Developer which is why there has been a proposal to extend the time period for registration of an Off Plan Sale to 60 days to cater for this.

Article 160(1) of DIFC Law No. 10/2018 requires Developers to provides Prospective Owners with a Disclosure Statement before the parties enter into an Off Plan Sales Agreement. This generally outlines details of the Off Plan Development including community amenities, service charge details and finishes of Lots. Article 160(6) of DIFC Law No. 10/2018 permits a Prospective Owner to terminate an Off Plan Sales Agreement at any time prior to the date of handover of the Lot being purchased, if a Developer has failed to provide a Disclosure Statement. .However, the DIFCA believes the period within which this right of termination can be actioned is currently too long, and could potentially lead to Prospective Owners terminating the agreement at the last minute for reasons which were unrelated to the receipt of a Disclosure Statement. The DIFCA still feels it is important for these Disclosure Statements, to be provided but also believe it is necessary to strike the correct balance between the rights of Prospective Owners and Developers and the need to avoid unequitable results created by an arbitrary termination of Off Plan Sales Agreements.

If a Developer does provide a Prospective Owner with a Disclosure Statement after the parties have entered into an Off Plan Sales Agreement, a Prospective Owner will have a period of 60 days to review this from the date of receipt. During this period of 60 days and for a further 20 days after that period, Prospective Owners can elect to terminate an Off Plan Sales Agreement if they decide that the Disclosure Statement does not accurately reflect the Off Plan Development. Article 160(6) of DIFC Law No. 10/2018 has been clarified to make it clear that such termination is only effective if exercised “within 20 days of the expiry of the 60-day review period.

Another proposed change is to introducing a Mortgage Registration Fee in the DIFC based on the Mortgage amount, in line with the fee that applies onshore in Dubai and charging a standard lodgement fee of $100 for all Mortgage Instruments which are being Registered in the DIFC (and $273 for Islamic Mortgages) . At present under onshore Dubai laws, a fee of 0.25% of the mortgage amount is levied by the Dubai Land Department to register a mortgage .

The DIFCA has proposed to introduce a Mortgage Registration Fee to the DIFC Real Property Regulations to match the onshore 0.25% of the mortgage amount. It is also proposed that the lodgement fee for both Islamic and non-Islamic Mortgage Instruments would be charged to a flat rate of $100. The DIFCA is not proposing to add a period within which a Mortgage must be registered as it will be in the interest of the Mortgagee to Register the Mortgage if they wish to protect its interest on the Register.

In addition, an increase in the period to Register a Lease with the RORP has also been from 20 days to 30 days has also been proposed (see Article 49(1) and 49(3) of DIFC Law No. 10/2018 in order to ensure that Lessors have sufficient time to Register the Lease and pay the Lease Registration fee. Article 49(1) of DIFC Law No. 10/2018 requires a Lessor to lodge for Registration a Lease registrable under Article 48(3) of DIFC Law No. 10/2018, within 20 days of the date on which the Lease was entered into by the Lessor and the Lessee. However, feedback has been received from Lessors and Lessees that 20 days is often too short a timeline to Register a Lease especially in cases where the Registered Owners that are overseas which is why this extension has been proposed.

The removal of the requirement for parties to Instruments to have an address for service of notices in the UAE, and there to be a statement a person’s address as shown in any Instrument in which that person first lodges for Registration is treated as the person’s address for service by the RORP has been proposals. Email would also be added as a valid mode of service of notices under Article 169 of DIFC Law No. 10/2018.

Article 169(3) of DIFC Law No. 10/2018 sets out the modes of service which are permissible under DIFC Law No. 10/2018. However, the DIFCA now believes it is not necessary for parties to Instruments to provide a UAE address for service, given the number of foreign purchasers there area in the DIFC which is why it has been proposed to remove the requirement for parties to Instruments to have an address for service of notices in the UAE. It has also been proposed that Article 169(2) of DIFC Law No. 10/2018 should be deleted and Article 127(1) of DIFC Law No. 10/2018 should be expanded to include that an address for service on the first Instrument Registered by a person is the valid address for service of notices until an application is made to amend the Register. This would ensure that parties to Instruments were aware that the insertion of a different address in a second or subsequent Instrument did not constitute a change in the valid address for service Registered with the RORP.

There has also been a proposed alteration to the definition of Prescribed fee DIFC Law No. 10/2018. DIFCA believes this definition was always supposed to mean the lodging fee for an Instrument with the RORP and that the current definition has created some anomalies in DIFC Law No. 10/2018. Therefore, they propose to amend the definition to mean only the lodging fee for an Instrument.

The consultation ends on 2 August 2024.

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Lexis Middle East Gulf Tax – Summer 2024 Edition News developments

Lexis Middle East Gulf Tax – Summer 2024 Edition

  • 08/07/202408/07/2024
  • by Tanya Jain

Welcome to the latest edition of Lexis Middle East Gulf Tax Magazine, your comprehensive guide to the evolving tax landscape in the Gulf Cooperation Council (GCC) region. As businesses navigate through dynamic tax regulations and new compliance requirements, staying informed is crucial. This edition brings you expert insights, practical advice, and updates on significant tax developments affecting various sectors across the GCC.

In this issue, we delve into the attractive tax incentives for companies establishing Regional Headquarters in Saudi Arabia, with insights from Sadia Nazir of KPMG. We also explore the recent changes in the taxation of foreign banks in Dubai, expertly explained by Charles Collett of PwC. As the UAE prepares for the implementation of E-Invoicing in 2026, we highlight the key takeaways businesses need to consider to ensure readiness and efficiency.

Gulf Tax Magazine remains committed to providing valuable knowledge and expert perspectives to help you navigate the complexities of the GCC tax environment. We hope you find this issue insightful and beneficial for your tax planning and compliance efforts.

FEATURE: OVER AT HQ

In this feature, Sadia Nazir from KPMG Saudi Arabia explores the tax incentives available for companies establishing a Regional Headquarters (RHQ) in Saudi Arabia. Nazir delves into the specifics of these incentives, offering insights into how businesses can benefit from setting up their RHQs in this strategic location.

FEATURE: TAXING: NEW ERA FOR BANKS

Charles Collett of PwC provides an in-depth analysis of the recent changes in the taxation of foreign banks in Dubai. Collett explains how these changes impact foreign financial institutions and what steps they need to take to comply with the new tax regulations.

TAX NEWS ROUND-UP

This round-up covers recent key developments in tax treaties and regulatory changes across the region, providing readers with a comprehensive overview of the latest updates.

WHAT’S CHANGED?

With the implementation of E-Invoicing set for July 2026, UAE businesses must evaluate their readiness in terms of people, processes, and systems. This section highlights the importance of automating invoicing processes to enhance efficiency and ensure a smooth transition to the new system.

PRACTICAL FOCUS: ON REAL ESTATE

Brian Conn and Ashish Athavale of BDO discuss the application of VAT on real estate in GCC countries. As the real estate market continues to boom, this article examines how VAT impacts investors and the overall market dynamics.

TAX PROFESSIONAL PROFILE:

Head of Tax Operations – MEA, Amedeo Aragona, discusses his proactive approach to tax audits. Aragona shares strategies for mitigating risk and avoiding costs through careful audit preparation and execution.

ANY QUESTIONS?

Mohamed El Baghdady of Habib Al Mulla examines the recent changes to UAE guidance on the VAT treatment of board members’ services, providing clarity on whether VAT is applicable and under what conditions.

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Lexis Middle East Gulf Tax_Summer 2024

Have you read the Lexis® Middle East Gulf Tax – Spring and Summer 2023 editions? Click the links below to access them.

Lexis Middle East Gulf Tax | Autumn 2023

Lexis Middle East Gulf Tax |Spring 2023
Lexis Middle East Gulf Tax | Winter 2023
UAE: Securities Authority Launches Private Debt and Sukuk Placement Regulation Project News developments

UAE: Securities Authority Launches Private Debt and Sukuk Placement Regulation Project

  • 05/07/202405/07/2024
  • by Hannah Gutang

Al-Etihad, 3 July 2024: The Securities and Commodities Authority has launched the Regulation of Private Placement of Debt Instruments, Sukuk and Securitised Financial Instruments project, one of the transformational projects within the performance agreements for federal government entities for 2023-2024.

These are qualitative projects that will move the nation towards the future, improve its competitiveness, and have a significant impact on sectors within short timeframes.

The Chairman of the Authority’s Board of Directors issued a resolution to regulate the transformational project, aligning with the UAE’s vision to become a global hub for the new economy within the next decade, as outlined in the ‘We The UAE 2031’ initiative, which demands concerted efforts.

The Securities and Commodities Authority’s CEO has stated that the project reflects the Authority’s commitment to enhancing the role of local financial markets as a key driver of the economy.

The new regulation aims to diversify investment opportunities and instruments for investors by regulating private placements.

This will incentivise issuers to list on local capital markets instead of abroad, thereby enhancing the attractiveness of the national economy.

The Authority aims to prepare financial markets to create a new platform for professional investor trading, as well as attract new segments of investors or issuing companies, contributing to increasing the market capitalisation of local capital markets in the country.

For the full story, click here.

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UAE: Central Bank Reveals New Sandbox Conditions Regulations News developments

UAE: Central Bank Reveals New Sandbox Conditions Regulations

  • 28/06/202428/06/2024
  • by Hannah Gutang

Middle East Economy, 25 June 2024: The Central Bank of the UAE (CBUAE) has issued the new ‘Sandbox Conditions Regulation’ aimed at attracting startups and global fintech businesses to the UAE financial sector.

The regulation outlines specific criteria and conditions that participants must meet in order to test innovative financial business models, products, and services within a regulatory sandbox environment.

A key objective of this regulation is to facilitate the testing of innovative financial solutions to support the competitiveness of the UAE financial sector.

It also aims to create an attractive environment that promotes creativity and innovation within a well-defined regulatory framework.

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Additionally, the regulation aims to improve the competitiveness of the UAE’s financial sector, thereby promoting economic growth within the nation.

The regulation provides details on the conditions and criteria that participants like startups, fintechs and established businesses must fulfill.

It allows them to be exempted from the requirement of obtaining a full license, enabling them to test their innovations for a specified duration.

However, they must comply with the stated regulatory obligations during this period.

Importantly, applicants must present a technologically innovative financial product, service, solution or business model that can benefit consumers and the wider industry.

They must also demonstrate a clear intention to deploy the proposed service broadly across the UAE after successfully exiting the regulatory sandbox.

A key aspect of the regulation is that it enables the CBUAE to proactively assess and respond to fintech innovations as part of its supervisory role.

It also guides participants on structuring their businesses in a compliant manner within the sandbox environment.

The CBUAE Governor stated that the Sandbox Conditions Regulation highlights the UAE’s commitment to enabling innovation and building a knowledge-based economy.

The aim is to encourage innovators to contribute positively while ensuring consumer protection and serving the interests of all stakeholders.

The Sandbox Conditions Regulation has been published in the Official Gazette and has come into force with immediate effect.

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