Awatif Mohammad Shoqi Advocates & Legal Consultancy > Dubai, United Arab Emirates > Firm Profile
Awatif Mohammad Shoqi Advocates & Legal Consultancy Offices
THE H HOTEL OFFICE TOWER 29TH FLOOR
ONE SHEIKH ZAYED ROAD, PO BOX 40073
DUBAI
United Arab Emirates
Awatif Mohammad Shoqi Advocates & Legal Consultancy > Firm Profile
The firm: Awatif Mohammad Shoqi Advocates & Legal Consultancy is a premier full-service law firm in the UAE, dedicated to offering insightful advice and legal solutions to its clients, addressing their most challenging and significant concerns. Founded in 2003 under the name Advocates Without Frontiers, the firm has undergone substantial growth and transformation, culminating in its recent rebranding to bear the name of its esteemed license owner, Awatif Mohammad Shoqi.
With a rich history and a deep understanding of the legal landscape in the UAE, the firm stands as a pillar of strength and guidance for both local and international clients based in the UAE. Our headquarters, situated in Dubai, enables us to remain at the forefront of the constantly changing legal landscape in the region.
Licensed to provide a comprehensive range of legal services and advocacy in the UAE, Awatif Mohammad Shoqi Advocates & Legal Consultancy is your trusted partner in navigating complex legal matters with judiciousness and expertise.
Areas of practice: Licensed to offer a broad array of legal services in the UAE, the full-service firm specializes in areas including family and civil law, criminal defence, and corporate law. The team of experienced lawyers and advisors provide transparent and tailored legal solutions, with notable expertise in assisting expatriates in divorce and family law matters, including representation through English courts.
The firm offers clear and straightforward advice and dispute resolution through various avenues such as litigation, negotiation, and arbitration, establishing itself as a reliable partner for both individuals and companies in the UAE.
Main Contacts
| Department | Name | Telephone | |
|---|---|---|---|
| Civil | Mohamed Salah | ||
| Civil | Mohamad Elhaies | ||
| Commercial | Hassan Elhais | ||
| Commercial | Awatif Shoqi | ||
| Criminal | Hassan Elhais | ||
| Criminal | Awatif Shoqi | ||
| Family | Hassan Elhais | ||
| Family | Awatif Shoqi | ||
| Real estate | Mohamed Salah | ||
| Real estate | Mohamad Elhaies | ||
| Intellectual property | Mohamed Salah | ||
| Intellectual property | Mohamad Elhaies | ||
| Labour and employment | Mohamed Salah | ||
| Labour and employment | Mohamad Elhaies | ||
| Banking and finance | Mohamed Salah | ||
| Banking and finance | Mohamad Elhaies | ||
| Litigation | Hassan Elhais | ||
| Litigation | Awatif Shoqi | ||
| Arbitration | Hassan Elhais | ||
| Arbitration | Awatif Shoqi | ||
| Settlement | Mohamed Salah | ||
| Maritime and transport | Mohamed Salah | ||
| Maritime and transport | Mohamad Elhaies | ||
| Debt collection | Mohamed Salah | ||
| Debt collection | Mohamad Elhaies | ||
| Corporate | Mohamed Salah | ||
| Corporate | Mohamad Elhaies | ||
| Dispute resolution | Hassan Elhais | ||
| Dispute resolution | Mohamed Salah |
Lawyer Profiles
| Photo | Name | Position | Profile |
|---|---|---|---|
|
Mrs Awatif Al Khouri | Owner/Lawyer | View Profile |
Languages
Arabic English French Hindi Iranian Russian Tagalog UrduMemberships
TAGLawSpotlights
Awatif Mohammad Shoqi Advocates & Legal Consultancy
Our strong practice areas are family law, criminal law, civil law, corporate & commercial, banking, maritime & transport, labor, litigation, arbitration, and real estate. Our team of lawyers, advisors and administrative staff collaborate with a single goal: the success of our clients.
Family Law
The Personal status law governs all matters relating to marriage, divorce, succession, child custody, maintenance, and guardianship within the UAE and is based on the Sharia principles.
The personal status law is applied to both UAE citizens and expatriates; however, the expatriates are allowed to apply their country’s law after attesting and translating the relevant law into Arabic for submission to the Court.
Choosing the right law as applicable to your case matter requires an in-depth understanding of the laws and procedures pertaining to family matters and therefore you should approach only the most reputed law firm of family lawyers in Dubai.
Personal and family law matters can often be a distressing prospect. We, at Awatif Mohammad Shoqi Advocates, always seek to make the legal process as clear and smooth as possible for our clients.
Our team of experienced divorce lawyers in Dubai has handled a multitude of divorce cases in Dubai over the years and will handle your case professionally, allowing you peace of mind amidst the most trying circumstances which can drag on for longer duration without the right legal advice.
Our lawyers have the right of representation before all the Courts in the UAE, including Dubai and our branch offices can provide you with services from the best family lawyers in Abu Dhabi. A questionnaire is available for our clients to list the services they require while providing us with a starting point for their cases.
Criminal Law
Awatif Mohammad Shoqi’s team of Criminal Lawyers are dedicated in providing our clients with the best and honest legal representation before relevant court authorities with an intention to achieve the best outcome for the client accused or is willing to file any criminal case against another individual or organisation.
Considering our transparent and honest approach with our clients, we always encourage our clients to sign our professional services agreement defining the terms and relation between the lawyer and the client and specifically defines the services offered to the client.
Arbitration
Awatif Mohammad Shoqi Advocates & Legal Consultancy is composed of qualified attorneys whose mission is to deal with arbitration procedures and proceedings inside and outside the U.A.E.
Our team handles many cases at the Dubai International Arbitration Centre (DIAC), dealing with property, civil, and commercial disputes.
Our goal is to help our clients avoid disputes. But when they do have a conflicting situation, our local lawyers work towards limiting the impact and ensuring a speedy resolution.
Property Law
Real Estate lawyers of Dubai provide professional guidance and consultation to our local or international clients willing to invest in property within the country.
Property law is the territory of law that administers the different types of proprietorship and tenancy in genuine property and in personal property situated in special common law jurisdictions within the country. The civil law system of UAE categorize the property as movable and immovable property. Wherein, movable property belongs to commonly belongs to an individual whether natural or legal.
Whereas, immovable property is considered as a land or any genuine property and the related rights associated with the tittle of the property.
Legal Developments
UAE Alimony and Family Support Law Reforms
19th March 2026 Introduction The Federal Decree-Law No. 41 of 2024 represents a major step forward in modernizing the approach to alimony and family support in the UAE. Rather than treating maintenance as a rigid financial obligation, the new law adopts a more realistic and compassionate understanding of what family support truly entails. It defines alimony as “the necessities and essential needs such as food, clothing, shelter, medical care, and education," thereby placing everyday well-being at the center of the legal framework. The law is crucial because it makes the rules more flexible and structured, keeping in mind the practical realities of family life. Thus, providing stronger assistance for dependents and easier to enforce, which suggests that the UAE's personal status system is moving in a more progressive direction.Faster and Efficient Dispute Resolution Reforms
19th March 2026 Introduction The UAE's judicial approach to family matters has undergone a transformative shift with the enactment of Federal Decree Law No. 41 of 2024, which officially replaces the framework of Federal Law No. 28 of 2005. The new law brings effectiveness in the dispute resolution process while placing the child's best interests first. These changes reduce the time frame spent in the system, giving importance to family stability.What Are a Father’s Rights for Child Custody in Dubai?
19th March 2026 Introduction One of the first things fathers say in a divorce consultation is not about assets or maintenance. It’s this: “Am I going to lose my children?” There is a persistent belief in Dubai that once a marriage ends, the mother automatically gets custody, and the father becomes a weekend visitor. That assumption causes unnecessary panic, and in many cases, it is simply wrong.Practical Guide: Finding the Best Criminal Defense Lawyer
19th March 2026 Introduction You do not search for a criminal defense lawyer in the UAE unless something has already gone wrong. Usually it starts unexpectedly: a phone call from the police, a complaint filed against you, or a request to attend a station “for questioning.” The immediate reaction is often to type "criminal lawyer near me" in the browser. In that moment, what matters most is not panic; it is timing.What to Do After Being Arrested in Dubai: A Lawyer’s Guide for Expats
19th March 2026A Lawyer's Guide to What to Do After an Arrest in Dubai
Getting arrested in Dubai can be scary, especially for expats who don't know the laws in the UAE. The legal process can be scary and confusing, from being questioned by the police to being held. Knowing what to do after being arrested can help you protect your rights, avoid misunderstandings, and get the best possible result.Which Law Firm Has the Best Criminal Lawyers in the UAE?
19th March 2026 Introduction When a criminal complaint surfaces, most people react the same way—they start searching for the best criminal law firm in the UAE. It’s an emotional moment. There’s uncertainty, pressure, and often very little clarity about what happens next.How a Criminal Lawyer Can Help With Fraud Cases in the UAE
10th March 2026What to Do If You’re Accused of Fraud in the UAE
Imagine you’re walking into a busy souk (market), and someone sells you a “genuine” designer bag at half‑the‑price; only later do you discover it’s fake. In the UAE, fraud can look like that: false promises, forged documents, or deceptive schemes. If you’re an expat and find yourself a victim or even accused of fraud, a criminal lawyer becomes your roadmap out of a maze. This article explains clearly how a lawyer can help when fraud strikes: what the law says, what your rights are, and concrete steps you can take to protect yourself.What counts as “fraud” in the UAE: Legal Basics
- Under Federal Decree‑Law No. 31 of 2021, fraud includes obtaining money, movable or immovable property, or documents by deception—e.g., false name, false identity, or misrepresentation.
- Deception necessitates that the victim relinquish property or rights; lying alone may not suffice; however, misrepresentation combined with profit frequently results in fraud. In UAE law, fraud requires "fraudulent means" (material acts or external appearances) that convince a victim to surrender property.
- For “electronic fraud” (online scams, fake banking apps, phishing, identity theft), there is a separate statute: Federal Decree‑Law No. 34 of 2021 on cybercrimes with heavy penalties for online deception.
- Evaluate whether the act qualifies as “fraud” under UAE law
- Help victims file criminal complaints and collect evidence
- If someone accuses you, hire a lawyer to help you.
- At the exact same time as charges are pending, you can work off settlements, get back stolen property, or file civil claims.
- Obtain protective orders and freeze assets.
When Expats Really Need A Criminal Lawyer
- Fake "get-rich-quick" schemes or online investment frauds are prevalent among expatriates: Several expatriates are targeted by fraudulent platforms or social media that advertise high returns. These actions can be readily classified as cyber fraud under UAE law.
- Scams that involve real estate or rentals include the use of forged title deeds, phony agents, and fake bank guarantees. Under false pretenses, individuals who are victims provide funds for down payments or deposits.
- All scams that involve jobs or business transactions, including fake job offers, fake recruitment agencies, contract fraud, and stealing company money, are scams.
- Bank fraud, check scams, and identity theft—fake cheques, fake banking apps, and transfers that aren't allowed. Cyber and financial fraud are both very serious crimes.
- Cross-border fraud or international scams happen when expats live in another country and are involved through offshore companies or deals made in other countries. Cross-jurisdiction law is complicated, and a lawyer helps make sure everything goes smoothly.
- Don't talk to the person you think is a fraudster. Don't sign anything else or send any more money.
- Keep all proof, like chats, emails, bank statements, contracts, and documents, in both digital and physical form.
- If a significant amount of money is involved, or if the case includes forged documents or identity theft, you should contact a criminal lawyer immediately.
- Tell the police or other authorities about the fraud. Many emirates in the UAE have official websites for reporting cyber fraud.
- Don't fall for "pay-to-recover" scams, which are when someone asks for money up front to get your lost money back. Real lawyers or government officials won't ask for a lot of money up front.
- Stay calm and tell your lawyer everything if you are accused. Maintaining an open and honest relationship with your legal team enables them to better protect you. Behaving in a manner that is characterized by fear or concealing information, on the other hand, can have a huge impact on the outcome of your argument.
Conclusion
According to the law of the UAE, fraud crimes that take place in the banking, real estate, commercial, or online sectors are regarded as particularly serious. Expatriates may face severe consequences, such as the potential for deportation, imprisonment, substantial penalties, reputational damage, or property forfeiture. If you suspect that an individual has engaged in fraudulent activities or if you have been the subject of an investigation, it is essential that you act promptly. Acquire evidence, retain an experienced criminal attorney, and navigate the UAE's legal system with the appropriate assistance. Author: Awatif Al KhouriInheritance Lawyer in UAE: When Do You Need One?
10th March 2026When do you need an inheritance lawyer in the UAE?
Think of passing an estate to your family like handing over a safe deposit box full of valuables: if the key (a valid will) is clear and everyone knows the code, the handover is calm. If you lose the key, the box stays locked. Family members fight, banks freeze assets, and courts decide the code for you. This guide tells married couples living in the UAE in simple terms when they need an inheritance lawyer, what the law allows, examples from real life that you can use in family conversation, and easy ways to keep your spouse and kids safe.How Long Does It Take to Get a Divorce in the UAE? A Guide to Divorce Lawyers in the UAE: Timeline
10th March 2026 How Long Will a Divorce Take in the UAE? What Couples Should Expect It can be hard to think about getting a divorce in the UAE, especially if you’re an expat or a couple who doesn’t know much about the local legal system. Clients, couples, and partners often ask us, “How long will the divorce take?”Overview of Extradition Regulations and Processes in the UAE
10th March 2026 Introduction Extradition, a fundamental aspect of international legal cooperation, plays an important role in bringing criminals to justice and maintaining the rule of law. The Extradition Law and proceedings in the UAE, as outlined in Federal Law No. 39/2006 and amended by Federal Decree-Law No. 38/2023, establish a comprehensive framework for managing extradition petitions and processes. A detailed summary is provided belowCHILD CUSTODY UNDER UAE LAW
10th March 2026 AGE LIMITS, RIGHTS AND RESPONSIBILITIES The United Arab Emirates has brought about sweeping changes in Family Law, particularly under divorce, alimony and child custody rights. In this article, we will analyse the new laws regarding child custody under the UAE Family Law for Muslims and Non-Muslims.‘Break Up’ to ‘Pay Up’: Child Support and Alimony Under UAE Law
1st September 2025 The UAE law states that after a divorce, the father is obligated to provide child support for his children, under both Muslim law and non-Muslim law. Similarly, the husband may be ordered by the court to make payments to the wife in the form of alimony, unpaid maintenance, compensation, etc.Legal Consequences Under the UAE’s Cybercrimes Law
11th August 2025 Introduction: A nation's reputation is crucial, and the UAE has implemented strong legislation to address these issues under the Federal Law No. (34) of 2021 (cybercrimes law). These laws specifically target online activities concerning rumors.Car Ownership in the UAE Obligations Under the UAE Law
5th August 2025 The UAE traffic laws are governed by Federal Decree Law No. 14 of 2024 on Traffic Regulation (“Law”). This Law lays down extensive provisions regarding the usage of public roads, the proper conduct of drivers of vehicles, requirements when applying for a driver’s license, and other traffic related requirements. Apart from this, the Law governs vehicle ownership, the responsibilities of the owner of a vehicle, and the format in which the ownership may be transferred to another person. How to identify the owner of a vehicle? The owner of a vehicle is the person whose name is on the license of the vehicle. Every vehicle will have an official document issued by the licensing authority, which will contain details about the vehicle, including the ownership of the vehicle, the official insurer of the vehicle, the validity dates of the license, and other relevant information specific to a vehicle. The person whose name is contained in this license will be considered the owner of the vehicle. Transfer of ownership Under the Law, Article 22 talks about transfer of ownership of a vehicle. The law states that if the ownership of a vehicle is to be transferred, either as part of a sale or due to another reason, such transfer must be mandatorily registered with the licensing authority. Liabilities of an owner after transfer of ownership Article 22 further states that the owner of the vehicle will remain liable for the obligations arising from the use of the vehicle until the Vehicle License is registered in the name of the new owner in accordance with the procedures followed by the licensing authority. Therefore, in instances where physical transfer of the vehicle has been carried out and the future owner of the vehicle commits a traffic crime while using the vehicle, the previous owner will continue to be liable for such offenses, unless the transfer of ownership is registered with the competent authority. Obligations of a vehicle owner- Obligation to renew vehicle registration
- Emirates ID
- Valid Driving License
- Renewed Vehicle Insurance Policy
- Vehicle Registration Card, also known as Mulkiya
- “Passed Certificate” from an assigned RTA testing facility.
- Obligation to approve vehicle modifications
- Obligation after vehicle recall and re-inspection
- Exemption from Vehicle License Renewal Fees
“RECONCILIATION IS BETTER” An Initiative to Simplify Legal Proceedings and Promote Amicable Dispute Resolution.
5th August 2025 The Dubai public prosecution has launched an initiative to improve the dispute resolution process in the Emirate. The “Reconciliation is Better” initiative has been introduced in order to promote the resolution of disputes through amicable ways. This initiative provides a straightforward and practical alternative to traditional legal proceedings that can be time consuming and expensive. Furthermore, it promotes agreement and a way forward, promoting a culture of tolerance and social harmony, which are central to Dubai’s leadership vision of a cohesive society. The “Reconciliation is Better” initiative aligns with international best practices, while also being in line with Dubai’s leadership vision of a cohesive society. It also aims to establish a global benchmark for judicial excellence and support the objectives of the Dubai Plan 2030. The initiative allows prosecutors to guide disputing parties towards fair and lawful settlements, reducing the reliance on lengthy legal proceedings. This will also reduce the burden on the courts and conserve resources, significantly reducing legal costs. The principle of reconciliation is not a new concept under UAE Criminal Law. The UAE Penal Code under Federal Law by Decree No. 31 of 2021 Promulgating the Crimes and Penalties Law, allows reconciliation under certain instances. Article 84 of the Law states that in cases involving misdemeanors, theft, fraud, breach of trust, and concealment of objects obtained from these acts, if the victim of the crime is a family member of the offender, the Public Prosecution may stay the execution of imprisonment, provided that the victim waives or reconciles with the convicted offender. Thus, reconciliation is allowed under the UAE penal code in the following instances:- In certain crimes where the offender is a family member of the victim, and the victim waives or reconciles with the offender
- When a person who is in charge of a child, refrains from giving up the child to the person who is entitled to claim him by virtue of a final decision or judgment issued by the judicial authority
- If a parent or a grandparent abducts a minor child or grandchild, personally or through an intermediary, even without deception or coercion, or refuses to return or deliver the minor child, to the person who is entitled to his custody or care in accordance with a final decision or judgment issued by the judicial authority.
- If a person refuses to pay alimony/maintenance to his spouse, relative, or legal dependents as ordered by the court, or if a person refuses to pay child support, breastfeeding allowance or residence allowance, provided that he is capable of paying the said amount, and has refrained from paying the amount for a period of three months, after being warned to pay.
- If a person physically assaults another person, and the assault leads to a disease or the inability to carry on his personal activities for more than twenty days.
- If a person defames a person through any means of publicity, and the defamation could have led to punishment, public hate or contempt towards the victim.
- If a person causes slander to another person without attributing a particular incident, through publicity, in a way that it violates the victim’s honour or dignity.
- If a person causes slander or defamation on the telephone or directly against the victim in the presence of others.
- If a person uses a car, a motorcycle or any similar vehicle, without the authorization or consent of its owner or the person who is entitled to make use thereof.
- If a family member commits a theft, fraud, breach of trust, and conceals the objects from the crime.
The Dubai Cassation Court’s recent ruling on the legal concept of Without Prejudice
4th August 2025 Introduction: In the UAE, the common law legal principle of without prejudice is usually not applied in onshore courts. This legal concept, which is found in many legal systems, ensures that statements made during settlement discussions cannot be used as evidence in court if the negotiations fail. Further, it allows parties to discuss settlements freely without fear of their words being used against them later. Despite this, recent court decisions stipulate the possibility of a change in the legal system of the UAE.Dispute Resolution in the UAE: Litigation and Alternative Dispute Resolution
4th August 2025 Introduction: In the UAE, disputes can be settled by two different methods. This method includes traditional court litigation and alternative dispute resolution (ADR) methods, such as arbitration and mediation. Each dispute resolution method has its benefits and challenges based on the dispute's nature, the claim amount, and the desired outcome.ARE ABORTIONS LEGAL IN THE UAE?
1st August 2025 What is an abortion? Abortion is the termination of a pregnancy by the removal or expulsion of the embryo or the fetus. Generally, the term abortion refers to induced abortion where the procedure is caried out medically. A pregnancy may also come to an end involuntarily, without any intervention. This is referred to as a miscarriage.LEGAL REPERCUSSIONS OF POSTING INSULTS ON SOCIAL MEDIA
29th July 2025OR MAKING DEROGATORY STATEMENTS ON WHATSAPP
With the rise in social media usage and the comfort with which people are expressing their thoughts and views on social media, many users do not realize the real-life implications of their online activities. Time and again, we have been witnessing people spewing hate or making derogatory comments on public platforms, without taking into account the permanent nature of these actions, or the wide reach that comments can have.Virtual Assets or Cryptocurrency Under UAE Law
28th July 2025 Introduction: Digital currency, or cryptocurrency, is an alternative payment method developed with encryption methods. Encryption technology enables cryptocurrencies to act as both a currency and a virtual accounting system. The use and popular acceptance of cryptocurrencies like bitcoin and ethereum have grown in the last few years throughout the world economy, and the UAE has become a major player in this online financial industry.Learn more about privacy violations and secret disclosure under the UAE
28th July 2025 Introduction: In today's world, violations of individual privacy and secret disclosure are a serious problem. It may be eavesdropping, interception, recording, and the spreading of personal information without the consent of the other party. In the UAE, crime related to individual privacy is regulated by the UAE cybercrime law as well as the UAE penal code law.Threatening a Wife with Polygamous Cohabitation Legal Consequences
24th July 2025 A recent ruling by a UAE court determined that persistent threats by a husband about polygamous cohabitation will be considered to be psychological or mental harm to his wife. Polygamous cohabitation refers to multiple wives living in a single marital house. In this article, we will look into the Personal Status Law under federal Decree Law No. 41 of 2024, regarding polygamous cohabitation.Can a child report abusive parents to the police?
23rd July 2025 Parents are the foremost guardians in a child’s life, nourishing and protecting them during the most vulnerable stages. Parents are expected to be loving, kind and understanding of their children’s needs. However, in rare cases, parents become the very individuals from whom the children need protection.Does the bank have a right to close a customer’s account as a result of multiple bounced cheques?
21st July 2025 Introduction: In the UAE, it is legally permissible for banks to close a customer’s account if multiple checks are returned due to insufficient funds. All the banks and financial institutions in the UAE are regulated by the Central Bank of the UAE.Family Law in the UAE: Key Considerations
21st July 2025 The UAE government has issued a series of changes to its family laws through the recently passed new personal status law, namely Federal Decree Law No. 41 of 2024 on the Issuance of Personal Status.TRAFFIC VIOLATIONS IN THE UAE
15th July 2025 The UAE traffic laws are stipulated under Federal Decree Law No. 14 of 2024. These laws are applicable throughout the UAE, across the seven Emirates. It is important to follow these rules to ensure the safety of road users and to avoid incurring hefty fines and penalties. Repetition of offences generally lead to aggravated penalties. Here are the major traffic violations in the UAE that everyone should be aware of, and their corresponding penalties.IS DIVORCE THROUGH WHATSAPP VALID UNDER UAE LAW?
15th July 2025 In the UAE, divorce and related matters are governed by the UAE family Law. Due to the presence of various communities coexisting in the country, the UAE government has enacted separate laws for Muslim and non-Muslim citizens and residents. Thus, the UAE family law is provided under three main laws. Federal Decree Law No. 41 of 2024 governs the personal status matters of Muslims throughout the UAE (“Federal Personal Status Law”). On the other hand, non-Muslims in the UAE except in the emirate of Abu Dhabi is governed by Federal decree Law no. 41 of 2022 (“Federal Civil Personal Status Law”), while the non-Muslims within Abu Dhabi is governed by Abu Dhabi Law No. 14 of 2021 (“Abu Dhabi Civil Personal Status Law”).ARE APARTMENT PARTITIONS ALLOWED UNDER UAE LAW?
15th July 2025 With an enormous population of expatriates in the UAE, a large number of people choose to live in co-living spaces as they are an economical option. Although co living is not banned as per federal or local laws, one must take safety regulations and the tenancy agreement into consideration before choosing co-living options.Diya or blood money: Crimes and Punishment under UAE Law.
14th July 2025 Introduction: Federal Decree-Law No. (31) of 2021 (Penal Code) governs Diya crimes and penalties in the UAE. In accordance with Article 1 of the UAE penal code, the Islamic Sharia principles may be applied to crimes including revenge (qisas) and blood money (Diya). The punishments for additional offenses will be determined in accordance with the current law and the relevant penal laws.Unauthorized Travel with Minor: The New Family Law Imposes Criminal Sanctions on Violators
14th July 2025 The United Arab Emirates has recently passed a new personal status law, namely the Federal Decree Law No. 41 of 2024 (“Law”) that has brought about significant changes to the personal laws applicable to Muslim in the UAE, both nationals and expatriates. Although the Law was issued in October 2024, it will be enforced six months from the date of issue, i.e., in April 2025. While the new Law has altered provisions regarding divorce, child custody, alimony etc., in this article, we will focus on the changes to the laws regarding international travel with minors.What legal actions can the bank take if the customer defaults on a loan in the UAE?
10th July 2025 Introduction: Defaulting on a bank loan in the UAE is regulated by the Commercial Code (federal decree-law No. (50) of 2022) and the Civil Procedure Law (federal decree-law No. (42) of 2022). Further, the Central Bank of UAE issued Loan Agreement Notice No. 3692/2012 of the personal loan agreement. This notice stipulates the terms and conditions for loan agreements for both lenders and borrowers.Understanding the New Civil Defence Authority and Its Regulations
10th July 2025 Introduction The UAE has issued a new civil defence law which is governed by federal decree-law No. (35) of 2024 on the reorganization of the civil defence authority. This new civil defence law aimed at strengthening emergency response and disaster management.Medical Negligence And It’s Liabilities Under UAE Law
8th July 2025 Medical practitioners form one of the most important professions in the world. The significance of this profession results in a high number of responsibilities on individuals in the medical field. The UAE Government has enacted various legislations to regulate medical practice. Federal Decree Law No. 4 of 2016 on Medical Liability (“Law”) is one of the most important laws that dictate the roles and responsibilities of medical practitioners.CHANGES UNDER THE NEW PERSONAL STATUS LAW
22nd May 2025 PART 1 | TERMINATION OF MARRIAGE INTRODUCTION The UAE has issued a new personal status law, namely, Federal Decree Law No. 41 of 2024 on the Issuance of the Personal Status Law, on the 1st of October, 2024 which will come into effect on the 15th of April 2025.UAE’s New Maritime Law: The Process of Chartering a Ship
22nd May 2025 Recently, the United Arab Emirates (UAE) updated and improved its maritime laws in order to strengthen the role that the maritime industry sector plays in international trade. Federal Decree-Law No. (43) of 2023 on Maritime Law (UAE New Maritime Law) has replaced earlier law.Registration of births for children conceived outside the institution of marriage
22nd May 2025 In the recent years, the UAE has brought about significant changes to its legal provisions regarding relationships between unmarried couples and children born outside the boundaries of a marriage. The law provides a definitive procedure to register and document births of such children, and establish their legal identity.Understanding the significant improvements to the VAT Executive Regulations in the UAE.
22nd May 2025 Introduction The Federal Tax Authority (FTA) of the UAE recently amended some provisions of the UAE VAT Executive Regulations, particularly Cabinet Decision No. 52 of 2017, on the Implementing Regulation of Federal Decree-Law No. 8 of 2017 on the Value Added Tax (VAT Executive Regulations).How Does UAE Law Protect Intellectual Property?
22nd May 2025 Introduction The UAE established an effective legal system to protect both businesses and individual assets, especially those related to intellectual property (IP). The protection of innovative ideas, technological developments, and unique brand identities is largely dependent on intellectual property rights (IPR), which promotes economic expansion and innovation.Changes Under the New Personal Status Law Part 3: Financial Rights
22nd May 2025 INTRODUCTION A new federal law regarding personal status has been issued by the UAE government on the 1st of October 2024 and which will come into effect on the 15th of April, 2025.CHANGES UNDER THE NEW PERSONAL STATUS LAW PART 2 | CHILD CUSTODY
22nd May 2025 INTRODUCTION The UAE has issued a new Personal Status Law, Federal Decree Law No. 41 Of 2024 on the Issuance of the Personal Status Law on the 1st of October 2024. The Law will come into effect on 15 April 2025.Changes Under The New Personal Status Law Part 1 | Termination Of Marriage
22nd May 2025 INTRODUCTION The UAE has issued a new personal status law, namely, Federal Decree Law No. 41 of 2024 on the Issuance of the Personal Status Law, on the 1st of October, 2024 which will come into effect on the 15th of April 2025.Understanding the New Competition Law in the UAE
5th February 2025 Introduction: The UAE has introduced a new competition law and abrogated the old competition law, federal law No. 4 of 2012. The new federal decree law No. 36 of 2023 on the regulation of competition sets forth competition practices and measures against commercial monopolies. By introducing new rules and regulations, as well as penalties that will prohibit practices that damage competition and establish regulatory support, this new competition law will help improve fairness, competition, and consumer protection. In accordance with Article 1 of the new competition law, it stipulates the important definitions, such as: Competition: Participating in economic activities within the market system without any adverse influence or restrictions that may be detrimental to consumer interests, development, or trade. The Relevant Market: A geographical area that refers to identical products or services that may satisfy specific consumer needs based on price, characteristics, and uses. Establishment: Any entity that is engaged in economic activity, irrespective of its legal structure, including its main office, branches, or associated individuals or groups. Agreements: Any written or verbal, explicit or implicit, partnership between two or more establishments. Dominant Position: An organization with the ability to control and influence activities in a relevant market. Scope of the new competition law: Article 3 of the new competition law applies to all businesses in the UAE, no matter what kind of legal structure they have. This includes individuals, groups of individuals, head offices, branches, and representative offices. Additionally, the utilization of intellectual property rights within or outside the UAE and economic activities that are conducted outside of the UAE influence competition within the UAE. Commercial agency laws also prohibit allowing agreements that are intended to divide markets or assign customers in a way that harms competition or makes it impossible for new companies to enter the market. In accordance with article 6 of the new competition law, businesses are prohibited from engaging in activities that abuse their dominant position. Article 7 states that businesses cannot exploit customers without alternative marketing or supply sources, discriminate between similar contracts, or apply pricing or resale conditions that force customers to avoid competitors or refuse common trading conditions without legal reason. Further, article 8 prohibits low-priced products from excluding a business. General price reductions under Federal Law No. (15) of 2020 on consumer protection, and the liquidation of commercial shops are exempt from these provisions. The council of ministers may reject offers or practices that are too low in price, depending on the state of the economy. Moreover, Articles 6 to 8 of the new competition law regulate fair competition through an extensive regulatory structure that targets abuse of monopoly status, unfair pricing conditions, discrimination, and excessive control over production. Administrative Penalties: According to Article 23, the council of ministers may decide on the administrative penalties to be imposed on businesses for violations. The following articles 24–29 specify the legal consequences for violators. The administrative penalties may be imposed up to AED 100,000 and fines ranging from 2% to 10% of total annual sales in the previous fiscal year. However, if it is impossible or difficult to calculate the total sales, the fine may be imposed at a minimum of AED 500,000 and a maximum of AED 5,000,000. Moreover, the court may order the business's closure for three to six months, and it may issue orders prohibiting or preventing actions until a final decision is taken. Procedure for Addressing Violations: In accordance with new competition law, a structured framework has been established for the purpose of addressing violations through specific and easily accessible procedures. The ministry or the concerned authority may allow the right to file complaints to interested parties. In specific circumstances, criminal proceedings may be initiated upon receipt of a written request from the minister. Additionally, within 15 working days of the notification date, there is an opportunity to file a written grievance, as well as the right to file an appeal in the event that the grievance is rejected. Conclusion: New competition law promotes economic freedom, prohibits anti-competitive agreements, monitors economic concentration to promote fair competition, prevents monopoly status, and safeguards consumer welfare.The 2025 E-Invoicing Rollout in the UAE
5th February 2025 The UAE government has taken steps to move towards a fully digitized tax system by adopting E-Invoices. The E-invoicing process will be mandatory for all business to business (B2B) and business to government (B2G) transactions, regardless of the VAT registration status of the entities involved. E-Invoicing E-invoice means an electronic invoice that is generated in a particular format, and is directly linked to a central database. The invoice data will be issued and exchanged electronically between a supplier and buyer through an Accredited Service Provider. The UAE government is working towards implementing E-invoicing throughout the country with a view to digitize the invoicing systems and execute real time tax reporting to the UAE Federal Tax Authority (FTA). This process seeks to simplify, standardize and automate the exchange of invoices. Advantages of adopting E-invoicing- The new process is predicted to decrease invoice processing costs by 66%, as seen in other countries that have adopted E invoicing correctly.
- Due to the validations and controls built within the automation system, this new process will reduce errors and deliver invoices at a much higher pace. This will ensure faster payments and better capital flow to the business.
- The new system will make it easier to analyse data regarding every aspect of invoicing, which can be used to study and improve flaws in the business plan.
- Government imposed E-invoicing process will push small businesses in the UAE to adopt and adapt to digitization. They will be able to gain access to the latest technologies, at an affordable price, enabling them to be at a level playing field with larger businesses.
- The submission of data in near real time with e-invoicing will simplify compliance.
- The Supplier (C1) sends the E-Invoice data to the Accredited Service Provider (C2). Unstructured invoice formats such as pdf, word document, images, scanned copies and emails are not e invoices. E-invoices must be in xml format.
- C2 validates the E-invoice data, and transmits it to the buyer’s accredited service provider (C3). If the invoice data is not in the standardized xml format, C2 converts the data into the said format before sending the same to C3.
- C3 sends an acknowledgment to C2 regarding the receipt of the invoice and transmits the E-invoice to the Buyer (C4).
- C2 reports the data in the invoice to the central data platform managed by the FTA (C5).
- C5 sends an acknowledgment to C2 regarding the receipt of the invoice data
- C2 forwards the acknowledgment by C5 and C3 to C1.
Cheque Bounce in 2025
5th February 2025Cheque
In simple words, a cheque is an order to a bank to pay a particular sum of money from the account of the issuer of the cheque, written on a specifically printed form. The issuer of the cheque is called the drawer, while the person to whom the cheque is issued is the bearer. The bank that holds and transfers the money for the drawer is called the drawee. Federal Decree-Law No. 50/2022 Issuing the Commercial Transactions Law lays down various provisions regarding cheques. Article 514 of the law defines a cheque as a commercial paper with an order issued by the drawer to the drawee bank, to pay on the date fixed therein as the date of issuing a specific amount of money to a third person namely the beneficiary or to bearer. Even with the advent of payment technologies and various online payment options, cheques continue to be widely used in the UAE, especially in the real estate sector. They provide a secure way to transfer money between two people. Due to the large expatriate community in the region, securing future payments becomes a hassle, which is solved by issuing cheques that can be paid as and when the payment is due. Furthermore, strict legislations around cheques and cheque bounce cases contribute in making cheques a reliable way to transfer money. Bounced cheques can result in both civil and criminal proceedings against an individual.Essentials of a Cheque
Article 627 of the commercial transaction law lays down various conditions required to issue a valid cheque.- The word ‘cheque’ must be written on the cheque, in the same language in which the details of the cheque is written.
- The payment of money must be unconditional
- The cheque must contain the legal name of the person (drawer) issuing the cheque
- The cheque must contain the legal name of the entity (drawee) obliged to make the payment to the bearer of the cheque.
- The place where the payment is made must be mentioned on the cheque
- Date and place of execution of the cheque must be mentioned in the cheque
- The cheque must contain the signature of the executor of the cheque, and which must be identical to the standard signature on record with the bank
Dishonour of Cheque or Cheque Bounce
When a bank refuses to cash a cheque due to insufficient funds, a stop payment order or due to a cheque not meeting the essentials mentioned above, the cheque is said to have bounced, or dishonored. Provisions governing cheque bounce cases have seen sweeping changes in the UAE in the past few years. Earlier, cheque bounce cases were treated as a grievous crime, and the drawer of the cheque faced possible jail time or fine. The older criminal provisions thus placed an undue burden on the UAE criminal justice system. The new laws have made significant changes in the treatment of cheque bounce cases. Cheque bounce cases can now be treated as civil or criminal cases, depending on the circumstances around the case. Article 630 of the Federal Decree-Law No. 50 of 2022 states that no cheque must be issued unless the drawer has sufficient funds in his account that can enable the honoring of the cheque, in accordance with the agreement made at the time of issuing the check. As per article 648 of the law, if the account holds funds less than what is prescribed in the cheque, the bank may pay the available funds to the bearer of the cheque, unless the bearer rejects it. The drawer may issue a protest, or a stop order, to the drawee bank only in cases of loss of cheque, or bankruptcy of the drawer, as per article 651. According to article 667 of the law, if a cheque is dishonoured as a result of insufficient funds in the bank account, the cheque will be considered an executive instrument, and the bearer has the right to execute the cheque by force, as per civil procedure laws.Civil recourse in Cheque Bounce Cases
As per the new laws, cheque bounce cases in the UAE have evolved from a criminal offense to a civil matter with heightened financial penalties. Issuing a cheque with insufficient balance in the bank account does not automatically lead to criminal liability anymore. Instead of reporting to the police, in case of cheque bounce, one may now directly approach the court for an execution order for full payment, or the payment of the remaining amount, in cases where they have chosen to accept partial payment from the bank. This alternative ensures that the bearer of the cheque has a quicker way to recover funds.Criminal Penalties and Jail Time
Cheque bounce will be considered a criminal offence in the following instances as per articles 673 to 684 of the Federal Decree-Law No. 50 of 2022:- Lying about insufficiency of funds or leading to dishonour of cheques even though there are funds in the account, will lead to a fine of not less than 10% of the value of the cheque, with a minimum fine of AED 5000.
- Intentionally issuing a cheque with the knowledge that there is insufficient fund in the account leading to dishonour of cheque can lead to fines of not less than 10% of the value of the cheque, with a minimum of AED 1000. In case of repetition of the offence, the fine will be doubled.
- Instructing a bank to dishonour the cheque for fraudulent reasons, fraudulently closing the bank account or withdrawing the full balance before the presentment date, or intentionally causing the freezing of the account in any way will lead to imprisonment between 6 months to two years and/or fine of 10% of the cheque value, of a minimum of AED 5000. Repetition of the offence will cause the penalty to be doubled.
- Intentionally signing or executing the cheque in a way that will cause the rejection or the dishonour of the cheque will lead to imprisonment between 6 months to two years and/or fine of 10% of the cheque value, of a minimum fine of AED 5000. In case of repetition of the offence, the penalty will be doubled.
- Forging a cheque or tampering with the cheque to attribute it to a third party, knowingly executing such cheques, or knowingly accepting money issued as a result of such cheques will lead to a minimum imprisonment of one year, and a fine between AED 20,000 to AED 100,000. Similar punishment will be levied for committing any acts related to cheque forgery, such as importing, acquiring or selling equipment or software that is used in forgery crimes.
- fraudulently using or benefiting from a cheque that is drawn in the name of a third party or whose use is associated with a fraud will lead to a minimum imprisonment of one year, and a fine between AED 20,000 to AED 100,000.
New Regulations on Driving License and Vehicle Registration
5th February 2025 Obtaining a driver’s license is a rite of passage for every individual. It is a symbol of coming of age for teenagers and young adults, as well as the first significant step that one takes after moving to a new country. The driver’s license issued by the UAE government allows an individual to drive in all the seven Emirates of the UAE, and serves as a document of proof showing that one has the knowledge of the traffic rules in the country and the competence to drive.New Regulations Governing Driver's License
The recently passed Federal Decree Law No. 14 of 2024 on traffic regulation (“Law”) has made some significant changes on the provisions regulating driver’s license and vehicular licenses, including the minimum age for the application of the driver’s license.Conditions that Make one Eligible for
As per Article 10 of the new Law, a person may apply for their driver’s license at the age of 17. Additional requirements for the application of driver’s license include completing the medical examination and the driving test conducted by the licensing authority. It is obligatory to carry a driver’s license in Dubai and subsequently submit the license to the authorized representative whenever requested for verification. It is the duty of a vehicle owner to ensure that his vehicle is not used by anyone who does not hold a valid driver’s license.Driving License for Visitors and Tourists
UAE has approved a list of countries who driver’s licenses are considered acceptable and valid in the UAE during transit and visitation. One may also use the international driving license for the same purpose.Suspension of Liscense
As per Article 12 of the law, a driver’s license may be suspended by the licensing authority in the following scenarios:- If the license holder is found to lack the capacity or the medical fitness necessary to operate the vehicle or
- if the traffic control authority deems it necessary, the license may be suspended in accordance with the security and traffic safety regulations
Learner's License
Articles 14 and 15 laws down the laws related to learners and driving instructors. People who want to learn to drive must do so only after acquiring a learner’s license issued by the licensing authority. Similarly, to teach driving, one must hold a training permit and the specific license required to operate the specialized vehicle used for the purpose of training new drivers. The Law also specifies that new learners must not drive on public roads in populated areas. Driving schools must also be duly licensed by the prescribed authority.Vehicle Registration Requirements
All vehicles that are intended to be driven on the roads, except military vehicles, vehicles owned by the rulers of the country, foreign transit vehicles and certain other designated vehicles, must be licensed and registered with the competent authority. Their license plate must be displayed in the manner prescribed by law. Additionally, the vehicles must be insured with a licensed insurance company. All vehicles must be in good technical condition, properly equipped, and compliant with the specifications provided by the state. In the event of selling a car, the transfer of ownership must also be notified and registered with the licensing authority.Vehicle Registration Requirements
Article 26 states that any modifications to the vehicle must be done in compliance with the conditions and regulations set by the licensing authority. Prior approval and inspection of the authority is required before the use of modified vehicles. As per article 27, the licensing authority may recall a vehicle for re inspection. This may include a technical inspection of the vehicle. In case the inspection highlights deficiencies in the vehicle, the authority will outline the deficiencies and defects. The owner of the vehicle will be prohibited from using the vehicle until all the deficiencies are rectified and the vehicle is approved for use. If multiple inspections are necessary, the owner will be required to pay the inspection fee only once. Any grievance regarding the inspection results can be filed with the licensing authority within 10 days.Vehicle Repair After Accident
According to article 28, car repair shops must not undertake repairs of any vehicle showing signs of accident or damage, without the vehicle repair permit issued by the traffic control authority.Vehicle Rental or Leasing
As per article 29, renting or leasing vehicles must not be carried without obtaining a license from the competent authority. Before renting out a vehicle to an individual, the renting company must verify the validity of his driver’s license.REGULATIONS ON VIRTUAL ASSETS TO COUNTER PROLIFERATION FINANCING AND PREVENT MONEY LAUNDERING
5th February 2025 The advent and rise of cryptocurrency have been a disruptor to the traditional currency system. Even outside the virtual aspect of the currency, the concept is novel due to its accessibility and the level of anonymity available to its users and the swiftness with which a large amount of money can be transferred to any part of the world. But this very aspect of cryptocurrency makes it a tool that can be used to commit illegal activities and transactions with considerable ease. Cryptocurrency is the most prevalent example of virtual assets, but it is merely one of the many virtual assets that are currently accessible to us. With swift growth and innovations in the digital world, one may witness other forms of virtual assets in the future. But for the purpose of this article, only virtual assets that is used for trading purposes, i.e., in the form of currencies, will be addressed here.Virtual Assets
As per article 1 of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering (“AML”) and Combatting the Financing of Terrorism (“CFT”), virtual assets are defined as a digital representation of value that can be digitally traded or transferred and used for payment or investment purposes but does not include paper currency or other funds in digital form. As per the AML/CFT Law, virtual asset service providers (VASPs) are entities that conduct the following activities:- Exchange of virtual assets with fiat currencies and vice versa
- Exchange between different forms of virtual assets.
- Transfer of virtual assets.
- Storage and operation of virtual assets and virtual assets platforms
- Financial services related to offer and sale of virtual assets
Threats Associated with Virtual Assets
Due to the accessibility and the anonymity that is provided by cryptocurrencies, they have been used widely for the purchase of illegal substances and services over the deep web, such as for the purchase of narcotic substances, weapons and even for human trafficking. It is also used in cybercrimes, ransomware attacks and all related criminal transactions. Even if one were to not engage in illicit activities, there may be other potential threats to virtual assets, including theft of the assets by hacking into the servers that hold the cryptocurrencies, and crypto scams wherein consumers are misled to buy currencies of artificially inflated value. Money laundering is another major criminal activity that is assisted by cryptocurrencies. The volatility of its value, accompanied by the technical complexity of the underlying blockchain infrastructure, makes it particularly easy to hide the origin of the currency.Licensing and regulating Vasps
The UAE has been at the forefront in embracing and legislating laws to regulate the trade and use of cryptocurrencies and other virtual assets. The UAE's anti-money laundering and CFT (countering the finance of terrorism) framework is comprised of numerous regulatory and supervisory agencies including:- the UAE Securities and Commodities Authority (“SCA”), which serves as the licensing and primary regulatory authority for VASPs at the Federal level and for the UAE’s Commercial Free Zones;
- the Virtual Asset Regulatory Authority (“VARA”), which serves as the regulator of VASPs in Dubai;
- the Financial Services Regulatory Authority (“FSRA”), which regulates VASPs in the Abu Dhabi Global Market (“ADGM”);
- the Dubai Financial Services Authority (“DFSA”) which regulates VASPs in the Dubai International Financial Centre (“DIFC”) and
- the Central bank of UAE (“CBUAE”), which supervises Licensed Financial Institutions and Registered Hawala Providers, including in their capacity as financial service providers to VASPs and to non-VASP customers that may engage in virtual asset (“VA”) transactions.
Mitigating Money Laundering and Terrorism Financing Risks
Article 8 of the Cabinet Resolution No. 111 of 2022 Regulating Virtual Assets and the Related Service Providers states that VASPs in the UAE must comply with all legislation in relation to money laundering and the financing of terrorism and illegal organisations. Article 5 of the law provides for the licensing and registration of all VASPs as per the competent law. As per article 4 of Federal Decree-Law No. 20 of 2018 On Combating Money Laundering Crimes, the Financing of Terrorism and the Financing of Unlawful Organisations (“ML/CF Law”), a legal person, including companies, will be responsible for crimes committed in its name or for its benefit intentionally, without affecting the individual criminal liability of the offender and the administrative punishments stipulated by law.Suspicious Transaction Reporting
Under article 9 of Federal Decree-Law No. 20 of 2018, Virtual Asset Service Providers must report all Suspicious Transactions and related information to the independent “Financial Intelligence Unit” established by the Central Bank of UAE. These reports will be examined and sent to the competent government authorities. Articles 13 and 14 states that supervisory authorities appointed under this law will be authorized to assess the risks of VASPs, conduct inspections and supervisory operations, and impose administrative penalties on VASPs for violations of applicable laws and regulations. Furthermore, a national committee will be established under this law, to develop strategies, coordinate information and propose regulations to combat money laundering and terrorism financing activities. Severe penalties in the form of fines and imprisonment are laid out for people involved in such activities.Customer Due Dilligence
As per Article 5 of Cabinet Decision No. 10/2019 on the Implementing Regulation of Federal Decree-Law No. 20/2018, VASPs and other financial institutions must conduct customer due diligence before entering into any business relation or before executing a financial transaction, as per the prescribed law. The law also states that VASPs must promptly apply any directives issued by the United Nations Security Council, in relation to targeted financial sanctions. Sanctioned accounts must be promptly frozen to ensure the discontinuation of further illegal transactions and their corresponding illicit activities. In conclusion, countering money laundering through virtual assets requires a multifaceted approach, with multiple segments working in coordination with each other. All the segments must be trained in understanding the threats imposed by the unregulated use of virtual assets, and the means to detect suspicious activities. Upon detection of any suspicious activity, organizations from various jurisdictions and sectors—private, public, and international—will be required to collaborate in order to identify, halt, and apprehend those accountable for the unlawful operations.Preventive Settlement and Restructuring Procedures Under the UAE Bankruptcy Laws
5th February 2025 Running a business involves taking risks in order to continue to scale new grounds. Sometimes, these risks may not be successful, leading to debts. Even without risks, debts may be incurred as a result of not being able to generate profits due to the changing market trends. Thus, loss in business and falling into debts are a common and universal factor in the business world. Debts may exist throughout the course of running a business and are not necessarily a negative indication on the status of the business. However, one has a legal duty to discharge debts towards another. Neglected or ignored debt may eventually sink a business leading to insolvency and the legal liability of the debt will fall on the owners, directors and the shareholders of the business, depending on the legal structure of the business entity.Insolvency and Bankruptcy
The terms insolvency and bankruptcy are often used interchangeably. Although related, the terms have distinct meanings. Insolvency refers to the financial state wherein a legal or a natural person is unable to discharge his debts. Bankruptcy refers to the particular legal procedure initiated by the person after becoming insolvent. Although Bankruptcy can follow insolvency, it is not the only available solution to an insolvent person.Bankrupcy Law
In the UAE, insolvency of natural persons is regulated by Federal decree Law No. 19 of 2019 on Insolvency, while insolvency of non-natural persons, i.e., entities that acquire the status of legal persons and natural persons in the capacity of a trader is governed by the Federal Decree Law No. 51 of 2023 Promulgating the Financial Reorganisation and Bankruptcy Law, popularly known as the Bankruptcy law.Entities Outside the Purview of Bankrupcy Law
The Federal Decree Law No. 51 of 2023 popularly referred to as the bankruptcy law of the UAE, governs the conditions under which a legal entity will obtain the status of insolvency and regulates the steps that are to be taken in such a scenario. However, the provisions of this law do not apply to the following:- Companies wholly or partly owned by the government that have their own governing rules and regulations relating to preventive settlement, restructuring, or bankruptcy procedures
- Entities in freezones that have special rules relating to preventive settlement, restructuring, or bankruptcy procedures
- Banks, financial institutions and insurance companies licensed by the Central Bank
- Debts covered that are related to personal, family reasons, including the purchase of goods or services or the purchase of a property for his own residence or for his family.
Bankruptcy Court
Article 5 of the Bankruptcy law provides for setting up of Bankruptcy Courts in the UAE, that will handle bankruptcy proceedings in the country with the assistance of experts and auditors. The law also provides for the establishment of the Financial Reorganisation and Bankruptcy Unit that will deal with the administrative aspects of the Bankruptcy laws, including record keeping, approval of the roster of experts, coordination with the judicial authorities and the ministry, etc. As per article 8 of the law, decisions by the bankruptcy Court will be deemed to be a writ of execution enforceable immediately. Faced with the inability to repay the debts borrowed as a result of doing business, many choose to initiate bankruptcy proceedings. This process involves the settlement of all debts by liquidating the business and all its assets and distributing the liquidation proceeds to the creditors. Thus, this process involves halting the business completely and dissolving the entire business entity. To prevent the complete termination and liquidation of the business, debtors have certain legal avenues that they may utilize in the event of an insolvency. The bankruptcy law thus provides for Preventive Settlement and Restructuring Procedures, both aimed at supporting the continuation of the business while formulating a plan that will help in the settlement of debts.Preventive Settlement
This procedure helps the debtor continue running his business or any commercial activity and simultaneously paying his debts. The procedure of preventive settlement is approved and supervised by the bankruptcy court. As per article 56 of the law, a debtor is eligible to initiate preventive settlements if he is unable to repay his current debts or anticipates the inability to repay debts in the future. Article 15 stipulates 60 days from the date of cessation of payment of debt, or from the date when the debtor acquired information indicating the inability to pay its debt, as the time within which the debtor may initiate proceedings. As per article 66, the preventive settlement proposal will include the following- The debtor’s business plan and viability of business
- A list of the names of all creditors and debtors, their contact information, value of the debt and guarantees, if any
- Any terms and conditions for the settlement of any obligation
- Any guarantees by the debtor for the proper implementation of the proposal
- Any offer to purchase the debtors’ assets, in whole or in part, on the basis of an ongoing activity
- Any grace periods and payment discounts if available
- Details on whether the debt can be converted into shares or stock in the capital of any company or project
- If the holders of the secured debts agree, details on any guarantees that can be created, redeemed, consolidated, sold, or replaced
- Suggested period for payment of debt
- the extent of financing required by the debtor during this period
- The mechanism that will be implemented to update the creditors on the proposal
- Any other information that the debtor deems will be useful in implementing the preventive settlement proposal.
- A comparison on the rights that the creditors will obtain, with the implementation of the preventive settlement plan and without the implementation of the plan.
Effect of Preventive Settlement
As per article 58, once the decision to initiate preventive settlement has been issued by the bankruptcy court, the debtor may carry on his business activity as usual and in a way that does not harm the interests of the creditors, but he must not carry out any activities outside the scope of his normal business without obtaining the approval of the Court. Once the proceeding has been initiated, a claims moratorium will be imposed for 3 months and the court may extend this period one or more times provided that the period does not exceed 6 months. Preventive settlement process neither results in the maturity of debts against the debtor, nor does it indicate the suspension or cancellation of interests on the debts. However, the process allows the debtor to obtain bank loans and other types of financing, with or without guarantees, as per the directions of the court.Restructuring Procedures
According to article 87, similar to the requirements under the preventive settlement procedures, a debtor is eligible to initiate restructuring procedures if he has stopped the repayment of debts, or if he is in a financial deficit which may result in the inability to pay his debts in the future. Article 15 specifies a period of 60 days from either the stoppage of debt payment or the date the debtor becomes aware of their incapacity to fulfill the debt, within which debtors apply to initiate the proceedings. Once the court approves the application to open a restructuring proposal, it will appoint a Trustee to oversee the process as per article 36. Article 108 lists out the requirements for the restructuring proposal, which is in line with the proposal requirements under article 66 pertaining to the preventive settlement process.Effect of Initiation of Restructuring Procedures
As per article 89, after the initiation of the restructuring process, the debtor may continue its business activities and management of its assets, under the supervision of a trustee. The business must be carried out in a way that does not hamper the interests of its creditors, unless decided otherwise by the court. The appointed trustee can gather all necessary information or documents regarding the debtor’s debts, business, or assets and may monitor the latter’s financial operations. Furthermore, according to article 90, the bankruptcy court may decide that the trustee must take over the management of the business and issue an order accordingly, on the request of the trustee, one of the creditors, or the Financial Reorganisation and Bankruptcy Unit Article 92 states that initiation of the restructuring process will result in claims moratorium against the debtor in relation to the debtor’s assets and liabilities, from the day following the date of acceptance of the restructuring procedure until the date of ratification of the restructuring plan. The law does not provide any other restriction on this time period. The provisions regarding preventive settlement and restructuring procedures provide business entities a way to restructure its debts and formulate a business plan with an aim to repay its debts while also keeping the business alive. If the process is unsuccessful, bankruptcy proceedings will be initiated against the entity that will liquidate the business and settle the debts, to the extent of the entity's available assets.Breaking The Cycle: New Domestic Violence Law Paves Way for Safer Communities
6th January 2025 The UAE government recently abrogated Federal Decree-Law No. 10/2019 and replaced it with Federal Decree-Law No. 13/2024 On the Protection from Domestic Violence (“Law”). The new Law is being hailed for its stricter punishments towards offenders and the inclusion of psychological, sexual, and economic violence within its ambit. The Law also establishes provisions for the imposition of rehabilitation training for perpetrators, provisions for safe houses for victims of domestic violence, and provisions for protection orders against offenders, thereby prioritizing the safety of the victim and the deterrence of the crime.Can Parents Monitor Their Children’s Phone?
6th January 2025 In today’s world, social media is being seen less and less favorably by experts and intellectuals around the world. It has found to have physical, emotional and psychological implications on its users. We are periodically hit with news articles about people meeting with accidents due to the usage of mobile phones, or children developing long term mental problems due to the incessant viewing of short format videos on various social media platforms. The effect of social media on children and teenagers have become a major cause of concern. Government entities in the UAE have periodically urged parents to monitor their children’s screen time and internet usage. However, concerns may arise regarding whether it constitutes an invasion of privacy for a parent to examine their children's phones.Children in Public Transport
17th December 2024 Affordable and safe public transport is an important requirement for the smooth functioning of daily life in any country.Fresh Amendments to Law On Financial Audit Authority: Offending Employees Now Face Travel Ban and Asset Seizure
17th December 2024 The Emirate of Dubai has recently passed new amendments to the existing “Dubai Law No. 4/2018 on the Establishment of the Financial Audit Authority” (“LAW”).Travel Ban Due To Non-Payment of Dues for Tourist
17th December 2024 In the UAE, non-citizens constitute approximately 70% of the country’s population. This is made up of residents and tourists present in the country.The Implication of Imposing Interest in the UAE
17th December 2024 In the current world, where trade ties are vital in strengthening the economy of a country, it is often necessary to enter into legal contracts with various entities around the world.Marriage Attestation in the UAE
17th December 2024 Until recently, the UAE courts only allowed registration of islamic marriages. However, newly added legal provisions now allow non-Muslim couple to register marriages in the UAE courts.Community Service Executed Without Enough Conviction May Get You Convicted
3rd December 2024 In the light of reports received by the Abu Dhabi Public Prosecution regarding a lack of commitment and discipline in the performance of State dictated punitive community service,Can I Obtain Custody of My Children Under Muslim Family Law in the UAE After My Ex-Wife Remarries?
3rd December 2024 In the UAE, custody of children following the divorce of Muslim parents is governed by Federal Law No. 28/2005 on Personal Status Law.Can electronic evidence such as email, and instant messages through WhatsApp or other social media applications be used in criminal defamation proceedings?
14th November 2024 The UAE laws regarding crime against people, and particularly when such crimes are committed online are strict and aim to protect people from activities that could potentially harm the victim’s reputation.Expat Divorce in Abu Dhabi: Jurisdiction and Asset Division by the Family Court
6th November 2024 Introduction: For expatriates living in the UAE, divorce might be a complicated process and deal with emotions.Understanding VPN Use in the UAE: What You Need to Know
6th November 2024 Introduction: In this fast-growing digital world, many people depend on and use virtual private networks (VPNs) to protect online privacy and safety.What is the Legal Age Requirement for Property Ownership in the UAE?
28th October 2024 Introduction: The UAE's vibrant property market attracts both residents and foreign investors.Will Travel Bans in The UAE Be Automatically Lifted Once a Legal Case Is Resolved?
28th October 2024 Introduction: The UAE recently introduced a significant reform in its judicial system, with the Ministry of Justice (MoJ) announcing that travel bans are automatically lifted once legal cases are resolved.Safeguarding Children’s Rights in the UAE: An Overview of Federal Law on Child Protection (Wadeema’s Law)
28th October 2024 Introduction: Wadeema’s Law, officially known as Federal Law No. 3 of 2016 Concerning Child Rights, stands as a cornerstone of child protection in the UAE.Understanding the UAE Extradition Law: Rules, Rights, and Procedures
28th October 2024 Introduction: The extradition process plays a significant role in international criminal law, allowing countries to cooperate in bringing absconders to justice.UAE Cabinet Decision No. 43/2024: New Drug Rules for Non-Resident Foreigners Caught with Narcotics
28th October 2024 Introduction: In June 2024, the UAE introduced Cabinet Decision No. 43/2024, establishing a comprehensive framework for handling non-resident foreigners caught in possession of narcotic drugs or psychotropic substances while entering the country through its land, sea, or airports.Understanding Developer Liability for Maintenance and Defect Costs After Property Handover
22nd October 2024 Introduction: When investing in off-plan properties, especially in jointly owned properties in Dubai,Legal Actions and Remedies for Intentional Signature Forgery Under UAE Law
22nd October 2024 Introduction: Intentional signature forgery, particularly concerning cheques, is a serious offence under UAE law.Legal Remedies for Buyers in Dubai to Recover Funds from Delayed Property Handover
21st October 2024 Introduction: In Dubai's rapidly growing real estate market, off-plan property purchases have become a popular investment option .Do UAE Anti-Smoking Rules Include Vaping in Workplace Environments?
3rd October 2024 Introduction: The UAE has taken significant steps to regulate the consumption of tobacco and tobacco-related products, including electronic nicotine devices like vapes, through its anti-smoking laws.Posting Google Reviews in the UAE: What You Need to Know
3rd October 2024 Introduction: With the rise of digital platforms, consumers have the power to voice their opinions more freely than ever before.The Establishment of the General Commercial Gaming Regulatory Authority (GCGRA): A Transformation of the Gaming Industry in the UAE
3rd October 2024 Introduction: In a significant regulatory development, the UAE has established the General Commercial Gaming Regulatory Authority (GCGRA).Regulations and Restrictions on Carrying Cash, Jewellery, and Alcohol While Traveling in the UAE
30th September 2024 Introduction: Travelling to the UAE requires awareness of specific customs rules and regulations regarding cash, jewellery, and alcohol to ensure a smooth travel experience.What Are the Key Legal Steps Every Buyer Should Know Before Purchasing Off-Plan Property in Dubai?
30th September 2024 Introduction: Investing in off-plan properties in Dubai is a highly attractive opportunity, particularly because of the chance to buy at the lowest prices and benefit from favourable payment plans.What Can You Do Legally in the UAE if Your Car Insurance Company Delays Payment?
30th September 2024 Introduction: In the UAE, car insurance offers significant financial protection in the event of accidents or damages.How Can a Mother Protect Her Children from an Abusive Father in the UAE?
23rd September 2024 Introduction: In the context of domestic abuse, particularly where children are involved, mothers in the UAE have robust legal avenues to protect themselves and their children.Understanding Small Business Relief: Key Provisions of the UAE Corporate Tax Law
23rd September 2024 Introduction: The introduction of the Small Business Relief under Article 21 of the UAE Corporate Tax Law (Federal Decree-Law No. 47 of 2022) aims to support small businesses by exempting them from corporate tax obligations,Understanding UAE Guidelines for Reporting Hate and Discrimination Incidents
23rd September 2024 Introduction: The UAE has established a comprehensive legal framework under Federal Decree-Law No. 34/2023 on Combating Discrimination, Hatred, and Extremism.Digital Transactions: Consumer Rights, E-Security, and Data Privacy Under Modern Technology Regulation
17th September 2024 Introduction: The rise of digital transactions has transformed interactions between consumers and businesses.New Telemarketing Rules and Regulations in the UAE: A Comprehensive Guide to Fines and Enforcement
17th September 2024 Introduction: Effective August 27, 2024, new telemarketing regulations in the UAE will come into effect under Cabinet Decision No. 56/2024.UAE Strengthens Anti-Money Laundering Framework: Key Updates and Amendments
17th September 2024 Introduction: The UAE has reinforced its commitment to combating financial crime with significant updates to its anti-money laundering (AML) legislation.The Role of Witnesses and Evidence in Criminal Proceedings
17th September 2024 Witnesses' appearance in court is mandatory when summoned. The law requires that witnesses be summoned at least 24 hours before the hearing, though they may appear without prior notice if requested by the plaintiffs.Rules and Regulations Followed in Criminal Cases
17th September 2024 Understanding your rights during criminal proceedings is essential if you are accused in a criminal case.Temporary Release and Bail Procedure Under the Criminal Procedure Law
17th September 2024 According to the Criminal Procedure Law, Article 108 outlines the conditions for the temporary release of a person detained under remand.Public Prosecution’s Role in the Criminal Investigation Process
17th September 2024 According to Article 65 of the Criminal Procedure Code, the Public Prosecution is responsible for initiating investigations in felony cases and may also conduct investigations in misdemeanour cases when deemed necessary.Understanding Arrest Procedures Under UAE Criminal Procedure Law
17th September 2024 In the UAE, the arrest of individuals in criminal cases is governed by Federal Decree-Law No. 38/2022 on the Issuance of the Criminal Procedure Law.Divorcing in the UAE as an Expat: Your Essential Guide for Non-Muslims
5th September 2024 Introduction: Navigating divorce in the UAE as an expatriate can be complex, particularly given the distinct legal frameworks that apply to non-Muslims.How Can Non-Muslims Create and Execute Wills in Dubai?
5th September 2024 Introduction: In the UAE, non-Muslims have the legal right to create and execute wills under a framework that respects their Civil Personal Status laws.The UAE Personal Status Law and the Fundamental Elements of a Valid Will
5th September 2024 Introduction: A Will is a crucial legal document specifying how an individual’s assets and property should be distributed upon their death.Muslim and Non-Muslim Divorce Procedure Under the UAE Law
28th August 2024 Introduction: Divorce is a significant aspect of family law in the UAE, governing both Muslims and non-Muslims.Can Parents in the UAE Prevent Their Adult Daughter from Getting Married?
28th August 2024 Introduction: In the UAE, marriages are governed by distinct legal frameworks depending on whether the individuals are Muslims under Federal Law No. 28 of 2005 on Personal Status Law or non-Muslims under Federal Decree-Law No. 41/2022 on Civil Personal Status Law.How Can Your Son Stay in the UAE After Graduation? Understanding the Visa Procedure
28th August 2024 Introduction: Graduation marks an exciting milestone for students in the UAE, opening doors to numerous opportunities.Can an Employer Take Legal Action Against an Ex-Employee Who Directed Clients to Other Firms?
20th August 2024 Introduction: In the UAE, employment relations are governed by Federal Decree-Law No. 33/2021 and its implementing regulations.Insurance Considerations for Insurers and Businesses Following Heavy UAE Rainfall
20th August 2024 Introduction: In light of the recent heavy rainfall in the UAE, both insurers and businesses must understand the legal framework outlined in Federal Law No. 5/1985 on Civil Transactions Law or Civil Code.Child Custody for Non-Muslim Women in the UAE: Understanding the UAE Laws
20th August 2024 Introduction: In the UAE, Federal Decree-Law No. 41/2022 on Civil Personal Status and Abu Dhabi Law No. 14/2021 on Civil Marriage have introduced significant reforms to ensure equality between men and women, particularly in matters of child custody.Facing Unrepaired Defects in Your Villa? Enforcing Your Rights Against the Contractor
12th August 2024 Introduction: When investing in real estate, particularly in villa projects, purchasers often rely on developers and contractors to deliver homes free from defects.However, issues may arise where defects remain unresolved despite contractual obligations. In such cases, understanding the legal framework under Dubai Law No. 13/2008 on the Interim Real Estate Register in the Emirate of Dubai, and Federal Law No. 5/1985 on the Civil Transactions Law of the UAE, becomes crucial.Can UAE Residents Keep Exotic Animals at Home?
12th August 2024 Introduction: Owning exotic animals can be tempting for some residents or citizens in the UAE, drawn by the fascination of unique and rare species.Safeguarding Your Investment: Are You Aware of Key Risks and Red Flags in Dubai’s Off-Plan Property Market?
12th August 2024 Introduction: Investing in off-plan properties in Dubai presents an attractive opportunity for prospective homeowners and investors alike.However, navigating this market requires vigilance and awareness of potential risks to ensure a secure investment. Dubai Law No. 13/2008 on the Interim Real Estate Register establishes essential regulations to protect buyers and uphold standards in the off-plan property sector. Key Considerations for Investors: Under Article 3 of the Dubai Law No. 13/2008, all actions involving off-plan sold real estate units must be registered in the Interim Real Estate Register to validate any sale or property transfer. Non-registration can render any sale or property transfer actions void. Ensure that any off-plan property you consider is registered in the Interim Real Estate Register within the mandated 60-day period. Failure to register could risk the validity of the transaction. According to Article 4, the developers are prohibited from commencing project execution or off-plan sales without obtaining necessary land and approvals from competent authorities. The Department must note the project on the cadastre. Verify that developers have acquired the necessary land and approvals from Dubai's competent authorities before marketing or selling units off-plan. Further Article 5 outlines the application process for registering interim real estate units, requiring specific data and documents as per procedures set by the Dubai Land Department. Conduct thorough due diligence through government authorities like the Dubai Land Department or the Real Estate Regulatory Agency. Confirm the project's registration status, existence of an escrow account, and possession of all required permits. As per Article 7, the developers are restricted from charging fees for selling or reselling completed or off-plan units without approval, with approved administrative expenses exempt. Be careful of developers charging unauthorized fees for off-plan property transactions. Only approved administrative expenses should be levied, as regulated by the Land Department. According to Article 6, off-plan units registered in the Interim Real Estate Register can be legally sold, mortgaged, or subjected to other legal actions. Article 8 mandates that completed projects must be registered in the real estate register upon obtaining a completion certificate, with units registered in the purchaser's name upon fulfilment of contractual obligations. Article 12 stipulates that the area of a sold real estate unit is final upon delivery, with developers unable to demand additional payment for increases in area post-delivery but required to compensate purchasers if the area is smaller. Article 13 empowers the Director General of the Department to report and refer developers or brokers who violate the law to competent investigation authorities. Red Flags to Watch Out For:
-
- Unregistered Projects: Avoid investing in off-plan properties that have not been registered within the specified timeframe. Registration safeguards your ownership rights and ensures legal protection.
- Developer Defaults: Research the developer's reputation and track record. Instances of default on previous projects or financial instability could pose risks to your investment.
- Legal Non-Compliance: Any deviations from Dubai's regulatory framework, such as unauthorized fees or lack of proper approvals, should raise concerns about the project's legality.
- Incomplete Documentation: Inadequate or incomplete documentation from the developer regarding permits, approvals, or contractual terms should be thoroughly reviewed and clarified before proceeding.
- Size Inconsistencies: Be vigilant regarding the final area measurements of the property. Developers should adhere to agreed-upon sizes, with compensation required for any inconsistencies.