Abu Dhabi: Non-Government Organisation Registration Begins

Gulf News (United Arab Emirates), 18 November 2021: Abu Dhabi’s Community Development Department has announced non-government organisations can now register to be licensed in the Emirate.

This will enable them to operate within the law.

The Department has already started receiving applications in line with an agreement signed earlier this year between them and the UAE Federal Community Development Ministry to implement Federal Law No. 35/2020 (which amends Federal Law No. 2/2008).

The agreement defines the powers of both entities to supervise and regulate this sector.

In order to be eligible to apply for the license, founding members must sign statutes, record the minutes of their meetings signed by the attendees and record minutes of the meeting of the temporary committee. One member of the committee has to be authorised to submit monthly reports and statements which include the names, titles, professions and places of residence of the founding members, copies of their identity cards and passports, as well as their data form.

Under the relevant legislation, Emiratis have the right to apply for one of these licenses in line with these conditions. The association must perform and provide services after establishment for the public interest without collecting profits and anyone should be able to be a member.

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UAE: New Labour Regulations Approved

Gulf News (United Arab Emirates), 15 November 2021: The UAE’s Human Resources and Emiratisation Ministry has announced it has approved new Labour Regulations.

They will come into force in February next year.

Federal Decree-Law No. 33/2021 contains provisions on different work categories, including flexible work, part-time, freelance and condensed working hours.

The aim is to keep up with market changes and provide more protections to employees against bullying, harassment and unlawful seizures of documents.

It states the unlawful seizure of official documents of employees is banned. The regulations also protect employees from being forced by employers to leave the country at the end of an employment tenure, except as required by law. This allows the worker to move from one business to another.

In addition, it specifies the probation period for an employee must not exceed six months in line with the conditions and procedures as determined by the Implementing Regulations to the Law. Labour cases are exempt from judicial fees at all litigation stages as well.

The rights of both parties to a contract in a balanced way are also guaranteed and parties are provided with protection so as they can access and claim their rights.

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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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Abu Dhabi: Rogue Real Estate Marketing Calls Should be Reported

Gulf News (United Arab Emirates), 27 October 2021: Abu Dhabi’s Municipalities and Transport Department has announced rogue real estate marketing calls should be reported.

They should be reported to the Abu Dhabi Government Contact Centre on 800555.

The Department added these calls are illegal in the Emirate.

Real estate companies and agents should only use company websites or social media to promote their services and properties.

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Dubai Financial Services Authority Approves Investment Tokens Regulations

Dubai’s Financial Services Authority has announced it has approved Investment Tokens Regulations.

They have been approved following a consultation which was launched earlier this year.

It marks the completion of the first phase of the Authority’s Digital Assets regime.

It defines an Investment Token as a Security Token or a Derivative Token.

These include a Security or Derivative in the form of a cryptographically secured digital representation of rights and obligations which is issued, transferred and stored using Distributed Ledger Technology or DLT or other similar technology.

It also includes a cryptographically secured digital representation of rights and obligations which is issued, transferred and stored using DLT or other similar technology and: confers rights and obligations which are substantially similar in nature to those conferred by a Security or Derivative; or has a substantially similar purpose or effect to a Security or Derivative.

The Regulations apply to those interested to market, issue, trade or hold Investment Tokens in or from the Dubai International Financial Centre (DIFC) and Authorised Firms wishing to undertake Financial Services relating to Investment Tokens, like dealing in, advising on, or arranging transactions relating to, Investment Tokens, or managing discretionary portfolios or collective investment funds investing in Investment Tokens.

The Authority added they are drafting proposals for tokens not covered by the Investment Tokens regulatory framework. These are expected to cover exchange tokens or cryptocurrencies, utility tokens and certain asset-backed tokens or stablecoins. They are going to issue a second consultation paper before the end of the year.

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