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IMF Suggests New Taxes for GCC While Advocating Simplified Implementation

The International Monetary Fund (IMF) has recommended the Gulf Cooperation Council (GCC) countries, including the UAE, to explore additional tax options to boost revenue and support economic diversification. Suggested measures include the introduction of property taxes, luxury taxes, and environmental levies to complement existing tax frameworks.

Broadening the Tax Base

In recent years, GCC countries have implemented various taxation reforms, including value-added tax (VAT), excise tax, and corporate income tax. These measures aim to reduce reliance on oil revenue and create more stable, diversified economies. Some nations have even introduced a minimum domestic tax on multinational enterprises, with Oman taking steps toward taxing individual income.

Simplifying Tax Systems

The IMF highlighted the importance of reducing tax complexity to enhance compliance and improve collection efficiency. Oil-producing countries in the region are relatively new to taxation, requiring updates to laws and the implementation of modern tax systems to close revenue gaps and align with global standards.

Economic Resilience and Stability

The GCC region has shown resilience to recent geopolitical tensions and economic challenges. Non-hydrocarbon growth has driven robust overall economic performance, supported by tourism recovery, policy reforms, and capital inflows. While inflation remains low, external reserves and economic outlooks are favorable, underscoring the region’s ability to withstand external shocks.

This approach aligns with long-term goals of reducing dependency on hydrocarbons and enhancing macroeconomic stability across the region.

 

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Hyper-Personalization in UAE Banking: Opportunities and Legal Challenges

Hyper-Personalization in UAE Banks: A Legal Perspective

The UAE banking sector is at the forefront of digital transformation, rapidly embracing innovative technologies to meet evolving customer expectations. As hyper-personalization becomes a critical strategy, banks must not only focus on delivering tailored services but also ensure compliance with legal and regulatory frameworks.

Hyper-personalization, which involves leveraging data analytics, artificial intelligence, and machine learning to offer highly customized services, presents both opportunities and challenges. From a legal perspective, banks operating in the UAE must address several key considerations to implement hyper-personalization responsibly and securely.

Data Privacy and Protection

The cornerstone of hyper-personalization is the use of customer data. UAE banks must comply with Federal Decree-Law No. 45 of 2021 (the UAE Personal Data Protection Law, or PDPL), which regulates the collection, processing, and storage of personal data. Key legal obligations include:

  • Obtaining Consent: Banks must secure explicit consent from customers before collecting and processing their data for personalized services.

  • Purpose Limitation: Data collected must only be used for the purposes explicitly stated to the customer.

  • Transparency: Customers must be informed about how their data is used and stored, ensuring banks maintain a transparent relationship.

  • Cross-Border Data Transfers: If data needs to be shared internationally, banks must ensure compliance with the PDPL’s cross-border data transfer rules, which mandate adequate protection measures for customer data.

Cybersecurity Compliance

With the increased use of digital platforms for hyper-personalization, banks must bolster their cybersecurity frameworks. The Dubai Electronic Security Center (DESC) and the UAE Cybersecurity Council provide guidelines to ensure that financial institutions protect sensitive customer data from breaches. Key steps include:

  • Implementing robust encryption for data storage and transfer.

  • Regularly updating cybersecurity protocols to counter emerging threats.

  • Conducting periodic audits to assess vulnerabilities in digital banking platforms.

Ethical Use of Artificial Intelligence

AI plays a pivotal role in hyper-personalization, enabling banks to predict customer needs and deliver tailored services. However, UAE banks must align their AI practices with ethical guidelines outlined in the UAE National Strategy for Artificial Intelligence 2031. Key considerations include:

  • Ensuring AI-driven decisions are free from bias and discrimination.

  • Providing customers with explanations of AI-based decisions affecting their financial status or eligibility for services.

  • Establishing governance frameworks to oversee the ethical use of AI in banking operations.

Customer Rights and Dispute Resolution

Hyper-personalization often involves dynamic pricing, tailored product recommendations, and predictive analytics, which may lead to disputes over fairness and transparency. To address these issues, banks must:

  • Provide clear terms and conditions for personalized offerings, ensuring customers understand the basis for pricing or service recommendations.

  • Offer accessible grievance mechanisms in compliance with the Consumer Protection Regulations issued by the UAE Central Bank.

  • Regularly educate customers about their rights in a hyper-personalized banking environment.

Regulatory Oversight and Compliance

The UAE Central Bank has issued comprehensive regulations governing digital banking services, including guidelines for digital onboarding, electronic know-your-customer (eKYC) processes, and fraud prevention. Banks must ensure:

  • Full compliance with the Consumer Protection Regulation and Standards (CPRS), emphasizing transparency and fair treatment of customers.

  • Adherence to Anti-Money Laundering (AML) and Countering the Financing of Terrorism (CFT) regulations to prevent misuse of personalized banking systems.

Conclusion

While hyper-personalization offers UAE banks a significant competitive edge, it also requires careful navigation of the legal landscape. Compliance with data protection laws, cybersecurity standards, and ethical AI practices is paramount to building customer trust and ensuring long-term success.

By embedding legal safeguards into their personalization strategies, UAE banks can deliver exceptional customer experiences while maintaining regulatory compliance, setting a benchmark for the global banking industry.

 

 

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UAE Simplifies VAT Rules for Virtual Assets to Attract Crypto Investors

The UAE has taken a major step to attract crypto investors and digital asset businesses by simplifying its VAT regulations for virtual assets, including cryptocurrencies and non-fungible tokens (NFTs). This update not only clarifies tax obligations but also reduces costs for investors—a milestone for UAE’s evolving tax policy and digital economy.

Key VAT Updates on Virtual Assets

The UAE’s revised VAT rules, applied retroactively from January 1, 2018, offer clear guidelines for businesses and investors dealing in digital assets. This move brings certainty to the often-complex process of buying, selling, and managing crypto assets, making the UAE an attractive destination for digital asset businesses and investors seeking a tax-friendly environment.

Impact on Investors: Cost Savings and Simplified Transactions

With simplified VAT processes, investors in cryptocurrencies and NFTs can now navigate their tax obligations more easily. By reducing tax-related complexities, the UAE has effectively lowered the costs associated with digital asset transactions, offering a major advantage to investors and opening the door for increased engagement in the sector.

A Milestone in UAE’s Tax Policy

The recent VAT update signals the UAE’s commitment to aligning its tax framework with the needs of a modern digital economy. By proactively addressing tax policies related to virtual assets, the UAE is positioning itself as a forward-thinking hub for digital innovation, attracting global investors and businesses eager to operate within a stable and supportive regulatory environment.

A Strategic Move to Foster Growth in the Digital Asset Market

This policy change aligns with the UAE’s broader goals of fostering technological innovation and economic diversification. With more favorable VAT rules, the UAE is expected to draw even more attention from global digital asset firms and tech-savvy investors, reinforcing its role as a pioneering market for digital finance.

The UAE’s VAT simplification for virtual assets is more than just a regulatory update; it’s a step toward building a robust, investor-friendly ecosystem in the heart of the digital asset revolution. As the digital economy evolves, the UAE’s strategic approach to tax policy positions it as an attractive destination for crypto investors and digital businesses worldwide.

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Navigating Business Loans in the UAE: A Guide for Entrepreneurs and Companies

Obtaining a business loan in the UAE is a viable option for entrepreneurs and established companies looking to expand their operations or improve cash flow. With a range of loan types available—such as term loans, startup financing, and trade finance—the UAE offers support options tailored to various business needs. However, understanding the eligibility requirements, interest rates, and repayment terms is crucial for a successful loan application.

To qualify for a business loan, most banks and financial institutions require businesses to meet specific criteria. Typically, applicants must demonstrate that their business has been operational for a minimum period (often one to two years) and show evidence of a stable annual turnover. Additionally, a corporate bank account in the UAE is a common prerequisite. For startups, the eligibility requirements can be more flexible, with institutions often considering the entrepreneur’s background, business model, and market potential.

Interest rates on business loans in the UAE can vary based on factors like the applicant’s creditworthiness, the loan tenure, and the type of loan. Interest rates on term loans, for example, range from around 5% to 15% annually, while Islamic finance options offer interest-free alternatives. Islamic finance aligns with Sharia law, where "profit rates" are charged instead of interest, providing an alternative for those looking for financing that avoids traditional interest-based loans.

Repayment terms depend on the type and size of the loan. Term loans usually come with monthly repayment structures over a period of one to five years. Some banks offer grace periods where only interest is paid for the initial months. Other types of financing, like trade finance, may have shorter terms tied to the business’s invoicing or sales cycles.

Understanding these components can help business owners in the UAE navigate the loan application process more effectively. By meeting eligibility requirements, assessing interest rate options, and choosing repayment terms that align with their business’s cash flow, applicants can find the right loan to support their business growth.

 

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Managing Finances with Multiple Bank Accounts: Benefits, Challenges, and Best Practices

Using multiple bank accounts to manage finances is a common strategy recommended by financial experts to stay organized, achieve savings goals, and in some cases, gain additional legal protections. But does having several accounts actually help manage money better in reality? Are there legal benefits to having multiple accounts? And what are the costs and challenges of juggling multiple accounts?

The Benefits of Multiple Bank Accounts

Having multiple bank accounts can offer several advantages, not only for managing finances but also for safeguarding funds in specific circumstances. Here’s how having multiple accounts can be beneficial:

  1. Improved Budgeting and Expense Tracking
  • Setting up different accounts for specific expenses, such as bills, savings, and discretionary spending, can simplify tracking where your money is going. By allocating a fixed amount for each purpose, you can avoid accidental overspending and stay within budget.
  • For instance, maintaining a dedicated account for bills ensures you don’t inadvertently spend funds needed for essential expenses, giving you greater control over your financial commitments.

     2. Enhanced Saving Strategies

  • Using a dedicated savings account, separate from everyday spending, can help you avoid dipping into savings impulsively. Some individuals go further by creating multiple savings accounts for different goals, such as a holiday fund, emergency fund, or home down payment.
  • Known as “bucket budgeting,” this approach allows you to allocate funds specifically for each goal, helping you prioritize your finances and reducing the temptation to use that money for other purposes.

    3.  Legal Protections for Certain Accounts

  • In some cases, having multiple accounts can provide legal protections, particularly for business owners, contractors, or individuals who receive funds from different sources. For instance, separating personal and business accounts is essential for legal compliance, making it easier to distinguish personal income from

The Drawbacks of Multiple Bank Accounts

While multiple bank accounts can be helpful, they also come with certain drawbacks that may not suit everyone. Here are some of the key challenges:

  1. Account Fees and Maintenance Costs
  • Each account may come with its own fees, including maintenance charges, minimum balance requirements, and transaction fees. If not managed carefully, these costs can add up over time, potentially offsetting the benefits of having separate accounts.
  • Some banks offer free accounts or waive fees if you maintain a minimum balance. However, it’s important to factor in these potential costs before opening additional accounts.

      2. Increased Administrative Complexity

  • Managing multiple accounts can be time-consuming, especially when it comes to tracking balances, making transfers, and ensuring that you meet any minimum balance requirements.
  • The added complexity can make it difficult to stay on top of your finances, potentially leading to missed payments or accidental overdrafts.

      3. Temptation to Overspend

  • For some people, having multiple accounts can lead to a false sense of security. Seeing funds spread across several accounts might make it easier to justify spending from one of them, especially if they don’t keep track of their overall financial picture.
  • Without a clear system in place, you may risk overspending in one account while thinking other accounts can cover the shortfall, which can ultimately undermine your financial goals.

Best Practices for Using Multiple Accounts Effectively

To make the most of multiple bank accounts, it’s essential to have a clear strategy in place. Here are a few tips to maximize the benefits:

  1. Define the Purpose of Each Account
    • Before opening additional accounts, think about the specific purpose for each one. Consider creating accounts based on your goals, such as bills, savings, and discretionary spending.
    • Having a well-defined purpose for each account will help you stay focused on your goals and avoid unnecessary spending.
  2. Automate Transfers
    • One way to streamline managing multiple accounts is by setting up automatic transfers. For example, you can schedule regular transfers from your primary account to savings accounts designated for specific goals, like a vacation or emergency fund.
    • Automating transfers ensures that you consistently allocate funds to your savings goals without having to remember to do it manually.
  3. Regularly Review and Rebalance
    • Checking in on your accounts periodically is essential to ensure that you’re on track with your goals. A monthly or quarterly review can help you assess whether you’re saving enough or need to make adjustments.
    • This review process can also help identify any account fees or charges that could be avoided by consolidating funds or choosing a different banking option.
  4. Consider Account Types Carefully
    • Not all bank accounts are created equal, and choosing the right type for each purpose is important. For example, a high-yield savings account might be best for your emergency fund, while a basic checking account could work for daily expenses.
    • Research different account options to find the ones that offer the best rates and lowest fees for each of your needs.

How Many Accounts Are Ideal?

There’s no one-size-fits-all answer when it comes to the ideal number of bank accounts. It depends on personal financial goals, spending habits, and the level of organization that feels manageable. For some, a checking account and a single savings account may be sufficient. For others, having separate accounts for various goals might provide greater control over their finances.

Weighing the Costs and Benefits

While multiple bank accounts can be a helpful tool for budgeting and saving, it’s essential to weigh the costs and benefits carefully. Opening additional accounts without a clear plan can lead to unnecessary fees and administrative hassles. But with a well-structured approach, multiple bank accounts can simplify financial management and keep you on track with your savings goals.

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UK Inheritance Tax Revenues Set to Surge as Rising Property Prices Push More Estates Over Threshold

The UK government is expected to raise more revenue from inheritance tax (IHT) as rising property prices and inflation push more estates beyond the tax-free threshold. The current inheritance tax rate is 40%, applied to estates valued over £325,000. This threshold, frozen since 2009, has caused middle-income families to become increasingly subject to the tax, especially in regions where property values have soared. Wealthier individuals, on the other hand, often use legal tax planning strategies to reduce their IHT burden, creating calls for reform from critics.

 

In the UK, the inheritance tax has been a point of contention, with concerns over its impact on households with significant property wealth but limited liquid assets. According to reports, the government has seen record IHT receipts in recent years due to the rising number of estates falling above the threshold. Additionally, the introduction of the Residence Nil-Rate Band (RNRB) in 2017 offered some relief by adding an extra allowance for family homes passed to direct descendants, but the overall revenue from IHT continues to rise.

 

Critics argue that inheritance tax disproportionately affects families with moderate wealth, as property appreciation pushes their estates above the tax-free threshold. Calls for reform have been raised, suggesting either increasing the threshold to account for inflation or overhauling the system entirely to address inequalities. The wealthy, who can afford estate planning services, often benefit from loopholes and exemptions that reduce their IHT liability, exacerbating the issue for middle-class families.

 

On the other hand, supporters of IHT believe it plays a crucial role in redistributing wealth and reducing inequality. By taxing large inheritances, the tax ensures that wealth accumulation across generations is checked, and the proceeds can be used to fund public services and welfare programs.

 

With inflation continuing to rise and property values showing no sign of a significant drop, the UK’s inheritance tax receipts are expected to grow, keeping the debate over its fairness and effectiveness alive. Calls for reform are likely to intensify as more families find themselves unexpectedly liable for this tax, sparking further discussion on the future of inheritance taxation in the UK

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Launch of AE Coin: UAE’s First Dirham-Backed Stablecoin for Digital Transactions

AED Stablecoin LLC has received in-principle approval from the Central Bank of the UAE to launch its stable digital currency, AE Coin. This initiative marks the introduction of the UAE’s first dirham-backed stablecoin, in line with the country’s progressive vision and the UAE Digital Government Strategy 2025.

Under the Payment Token Services Regulation (Circular No. 2/2024), AED Stablecoin will be licensed to issue this fiat-backed stablecoin. Each AE Coin will be fully supported by the UAE dirham, combining the agility of blockchain technology with the reliability of traditional currency. The introduction of AE Coin aims to facilitate seamless and secure payment solutions while bolstering the UAE's rapidly growing digital economy.

As the first digital currency in the UAE regulated by the Central Bank, AE Coin provides unprecedented credibility and trust. It maintains stability and security through transparent reserves and regular audits, mitigating the volatility typically associated with cryptocurrencies. AE Coin will also integrate with decentralized finance (DeFi) platforms, allowing users to engage in lending, borrowing, and earning interest without intermediaries. The currency employs advanced blockchain technology with multi-layer encryption to ensure all transactions are secure and transparent, adhering to the highest standards of security and compliance.

The roadmap for AE Coin includes plans for secure payment solutions across e-commerce platforms, the introduction of a mobile wallet app for convenient access, and partnerships with merchants to expand digital currency transaction use cases.

Ramez Rafeek, General Manager of AED Stablecoin, expressed excitement about receiving approval from the Central Bank to issue AE Coin. He stated, “As the first stablecoin regulated by the Central Bank, AE Coin will revolutionize the digital currency space by providing financial freedom, unmatched stability, and enhanced security.”

For both businesses and individuals, AE Coin promises a new era of transparent and cost-effective financial services, offering a wide range of applications from payments to decentralized finance solutions. It facilitates fast, low-cost transactions while operating under the strict regulatory oversight of the Central Bank, positioning AE Coin at the forefront of the UAE’s transition to an innovative digital economy.

AE Coin merges stability with security, making it an ideal solution for various use cases. Companies in the UAE can benefit from instant, stable payments using AE Coin, improving cash flow management and reducing transaction costs. Moreover, AE Coin offers individuals a secure and user-friendly digital currency for everyday transactions, simplifying domestic transfers at lower costs compared to traditional banking.

The strategy for AE Coin includes forging partnerships with leading financial institutions, payment gateways, and technology providers to accelerate its adoption. Future objectives entail integration with decentralized applications (dApps) and listings on major cryptocurrency exchanges.

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Rising Credit Card Fraud in the UAE: A Growing Crisis for Residents Amidst Bank Negligence

In the UAE, residents are increasingly falling victim to credit card fraud, facing debt that can amount to as much as Dh120,000. This growing issue, where customers are often blamed instead of finding solutions, is putting financial strain on many individuals. From unauthorized credit card charges to emptied bank accounts, residents are left battling recovery agents and legal threats, often without adequate support from their banks.

One alarming case involves an individual who discovered fraudulent credit cards issued in his name, each maxed out to around Dh30,000. The fraudsters had manipulated bank systems to reroute statements to fake email addresses and control OTPs (One-Time Passwords) meant for the legitimate account holder. Despite the clear signs of fraud, the banks initially held the victim responsible, demanding payment for the debt, which exceeded Dh120,000. While some banks eventually waived the charges after a legal battle, others continue to insist on repayment.

This case is not isolated. Across the UAE, residents are reporting similar incidents of fraud. With cyberattacks increasing, including phishing, DDoS, and ransomware, many individuals are finding their accounts drained or credit cards charged without their knowledge. The issue is compounded by banks often failing to notify customers about suspicious activity in a timely manner, leaving account holders in a vulnerable position.

One resident discovered her credit card was used abroad, despite never leaving the UAE. Another had her card charged even after it had been blocked. In yet another case, a customer found that multiple unauthorized transactions had occurred without any OTP verification. In all of these instances, the banks shifted the blame to the customers, threatening legal action and sending recovery agents to harass the victims.

For many residents, the process of recovering stolen funds and restoring their financial standing is long and arduous. Some victims, even after extensive legal battles, are still facing significant debt and rising fees. The lack of immediate support or acknowledgment from banks leaves victims feeling trapped in a system where they are held accountable for security failures beyond their control.

The issue goes beyond individual cases. Insider involvement and bank security lapses are suspected to play a role in these fraud incidents. Banks are being urged to adopt advanced technology to protect against cyber breaches. Implementing systems like AI-driven fraud detection, blockchain-based identity verification, and SIM-swap detection tools are critical measures needed to safeguard customers from future fraud.

Despite these technological solutions, accountability remains a key issue. Banks have a duty of care to protect their customers, and when they fail to do so, they should be held liable. Recent court rulings in the UAE have demonstrated that banks can be ordered to compensate victims of fraud, particularly in cases where security measures were inadequate or not enforced.

While efforts to enhance cybersecurity in the financial sector are underway, including real-time cyber-attack simulations and webinars focused on data protection, many victims continue to face unresolved cases. The tendency of some banks to shift responsibility onto customers rather than address internal shortcomings only worsens the situation. Until stronger measures are put in place and banks are held accountable for their role in these breaches, residents may continue to find themselves burdened by debts they did not incur.

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Bank Liability in the Digital Age: Ten Key Scenarios for Customer Account Breaches

In an increasingly digital world, banks play a crucial role in safeguarding customers' financial information and ensuring secure transactions. However, when breaches occur, banks may be held liable in certain situations, particularly when negligence or lack of due diligence leads to financial losses. Below are 10 scenarios where banks can be held accountable for breaches on customer accounts.

  1. Processing Unauthorized Transactions One of the most common instances of bank liability is when unauthorized transactions occur in a customer’s account. If a bank processes transactions without the account holder's approval or knowledge, it could be held responsible for the resulting financial loss. Banks have a duty to verify and authenticate transactions, and failure to do so can lead to legal consequences.
  2. Failure to Secure Customer Data Banks are required to ensure that customers' sensitive data, including personal identification information and account details, are protected from unauthorized access. In cases where a bank’s security system is compromised, leading to identity theft or other forms of fraud, the bank may be held liable for failing to secure this data adequately.
  3. Delayed Notification of Suspicious Activity Banks have an obligation to monitor accounts for unusual or suspicious activities. If a bank detects suspicious behavior but delays in notifying the customer, and this delay leads to further losses, the bank can be held accountable. Timely notifications are critical in preventing significant financial damage.
  4. Inadequate Protection Against Cyberattacks In today’s cyber threat landscape, robust security systems are essential for protecting customer accounts. Banks that fail to implement sufficient cybersecurity measures, leaving customer accounts vulnerable to hacking or phishing attacks, can be held liable for the resulting breaches and financial losses.
  5. Misuse of Customer Funds by Bank Employees In some cases, bank employees may misuse customer funds, whether through fraud, theft, or other unlawful actions. Banks are liable for the actions of their employees, especially if proper oversight and internal controls are not in place to prevent such incidents.
  6. Lack of Security in Online Banking With the rise of online banking, ensuring secure digital transactions is crucial. If a bank does not provide adequate security measures, such as multi-factor authentication or encryption, to protect online transactions, it could be liable for any breaches that result in financial harm to the customer.
  7. Inaccurate Reporting of Account Balances Errors in reporting account balances can result in financial losses, particularly if customers rely on incorrect information to make financial decisions. Banks can be held liable if inaccurate reporting of balances leads to significant financial consequences for the account holder.
  8. Allowing Unauthorized Access to Third Parties Banks are responsible for preventing unauthorized access to customer accounts by third parties. If a bank allows a third party to gain access to an account without the customer's permission or due process, it may be held liable for any losses resulting from this breach.
  9. Failure to Investigate and Resolve Customer Complaints When a customer files a complaint regarding suspicious activity or a breach on their account, the bank is obligated to investigate and resolve the issue promptly. Failure to do so may result in further financial losses for the customer and legal liability for the bank.
  10. Violation of Customer Privacy Rights Banks must uphold customer privacy rights under local laws and regulations. If a bank violates these rights, such as by disclosing private information without consent or mishandling confidential data, it can be held liable for the financial and reputational damage caused to the customer.

Conclusion

Banks have a duty to protect their customers' financial information and ensure that their accounts are secure from breaches. Failure to fulfill these responsibilities can expose banks to legal liabilities and financial penalties. Customers who suffer from account breaches should be aware of their rights and the circumstances in which banks can be held accountable. By recognizing these situations, both customers and financial institutions can work toward reducing the risk of breaches and maintaining trust in the banking system.

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CBUAE Suspends Takaful Insurer from Issuing New Contracts Over Capital Requirement Breach

The Central Bank of the UAE (CBUAE) has taken decisive action against an unidentified Islamic insurance provider, or takaful insurer, suspending it from issuing new motor and health insurance contracts. The decision comes after the insurer failed to meet the minimum capital requirements mandated by the country's regulatory framework.

In a statement issued on October 2, 2024, the CBUAE emphasized that the takaful insurer now has a six-month window to address its solvency position. The insurer must work to restore its capital levels in accordance with the bank’s guidelines during this period. Failure to comply within the specified timeframe could result in further regulatory measures.

While the central bank has not disclosed the name of the insurer involved, the suspension reflects the CBUAE's commitment to maintaining the financial health and stability of the insurance sector. By enforcing capital adequacy requirements, the CBUAE aims to ensure that insurers have sufficient capital to meet policyholder claims and withstand financial shocks, particularly in high-demand areas such as motor and health insurance.

Takaful, a form of cooperative insurance that complies with Islamic principles, operates on the basis of mutual assistance among policyholders. Given the importance of takaful in providing Sharia-compliant financial services, the regulator's strict enforcement of capital requirements is seen as vital to sustaining market confidence and protecting policyholders.

The CBUAE's move highlights its ongoing efforts to strengthen the regulatory environment and safeguard the stability of financial institutions across the UAE. The central bank continues to monitor the market closely, ensuring that insurers operate within the boundaries of prudential standards set to protect consumers and uphold the integrity of the financial system.

This action serves as a warning to other financial institutions in the UAE that non-compliance with regulatory standards, particularly in areas critical to the financial health of insurers, will not be tolerated. The suspension of new contracts will remain in place until the takaful insurer demonstrates full compliance with the capital requirements and addresses its solvency challenges.

As the situation unfolds, the CBUAE will continue to provide oversight and ensure the insurer's actions align with the country’s robust regulatory framework.

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Embracing the Debt-Free Revolution: Strategies for Financial Freedom

In today’s economic climate, debt has become a significant burden for many individuals, especially young adults. From mounting student loans to high-interest credit card balances and the rising cost of living, debt can feel overwhelming and, at times, impossible to overcome. But in the face of these challenges, a growing movement of people is embracing a debt-free revolution, determined to reclaim their financial freedom through strategic planning, disciplined spending, and a mindset shift toward financial independence.

The Burden of Debt

Debt impacts much more than just your bank balance. It affects life choices, from delaying marriage and homeownership to limiting career opportunities. According to a recent survey, young adults are increasingly concerned about their financial futures, with many unable to see a path to debt elimination. Student loans, in particular, have reached all-time highs, with many graduates leaving school with tens of thousands of dollars to repay.

Credit card debt adds another layer of complexity. The ease of access to credit cards, coupled with high-interest rates, often leads individuals into a vicious cycle of debt that is difficult to escape. Meanwhile, rising living costs, especially in urban centers, stretch personal finances even further, making it harder to save or pay down debt.

Strategies for Overcoming Debt

Achieving financial freedom and overcoming the debt dilemma begins with adopting a comprehensive strategy that addresses both the psychological and financial aspects of debt management. Here’s how young adults are tackling their debt and setting themselves up for a brighter financial future:

1. Create a Detailed Budget

The foundation of any successful debt repayment plan is a clear understanding of your income and expenses. Creating a budget allows you to track your spending habits and identify areas where you can cut back. A well-thought-out budget should account for all essential expenses, such as housing, food, transportation, and minimum debt payments, while leaving room for discretionary spending.

Once you have a budget in place, allocate any surplus income toward paying down debt. A popular strategy is the 50/30/20 rule, where 50% of income is spent on needs, 30% on wants, and 20% is allocated to savings and debt repayment. Adjust this ratio as needed to ensure you are aggressively tackling your debt.

2. Adopt the Debt Snowball or Avalanche Method

There are two primary approaches to paying off debt: the Debt Snowball and the Debt Avalanche methods.

  • Debt Snowball: Focus on paying off your smallest debts first while making minimum payments on larger debts. This method builds momentum and boosts motivation as you experience quick wins by eliminating smaller balances.
  • Debt Avalanche: Prioritize debts with the highest interest rates. By tackling high-interest debt first, you save money in the long run by reducing the total amount of interest you’ll pay over time.

Both methods are effective, and the best approach depends on your personal preferences. Those motivated by quick results might prefer the Snowball method, while others who want to save on interest should choose the Avalanche method.

3. Refinance or Consolidate Debt

Debt consolidation can simplify your repayment process by combining multiple debts into a single loan with a lower interest rate. This is particularly useful for those with high-interest credit card debt. Personal loans or balance transfer credit cards can be good options to consolidate debt, often offering promotional low-interest periods that allow you to pay down the principal faster.

For student loans, refinancing may also be an option. Many private lenders offer lower interest rates compared to federal loans, but refinancing federal loans into private loans may result in losing certain benefits, such as income-driven repayment plans or loan forgiveness options. Make sure to weigh the pros and cons before making any changes.

4. Increase Your Income

In some cases, eliminating debt quickly requires increasing your income. Consider taking on a side job or freelance work to boost your earnings. Gig economy jobs such as ridesharing, freelance writing, or tutoring can provide extra cash that can be funneled directly toward your debt.

Additionally, ask for a raise at your current job or look for opportunities for career advancement that come with a higher salary. The extra income can significantly accelerate your debt repayment and bring you closer to financial independence.

5. Cut Unnecessary Expenses

Achieving financial freedom often requires sacrifices. Cutting back on non-essential spending can free up more money for debt repayment. This could mean reducing dining out, canceling unused subscriptions, or opting for cheaper alternatives to your regular expenses. Every dollar saved can be used to pay down debt faster.

Consider lifestyle changes that align with your financial goals, such as downsizing your living arrangements, carpooling, or adopting a minimalist mindset to avoid impulse purchases. The key is to stay disciplined and focus on the bigger picture of becoming debt-free.

6. Seek Professional Guidance

If your debt feels unmanageable, seeking professional help may be a wise decision. Financial advisors or credit counseling agencies can help you create a debt management plan tailored to your situation. In some cases, debt settlement programs can negotiate with creditors to lower your outstanding balances or interest rates.

7. Emergency Savings Fund

While it may seem counterintuitive, setting aside money for an emergency fund can be crucial in managing debt. An emergency fund prevents you from relying on credit cards or loans in case of unexpected expenses like medical bills or car repairs. Aim to save at least three to six months' worth of living expenses to provide a cushion for life's uncertainties.

The Importance of a Debt-Free Mindset

Overcoming debt is not just about numbers; it also requires a shift in mindset. Adopting a long-term approach to financial wellness and viewing debt elimination as a stepping stone to financial independence is key to staying motivated. Embrace the debt-free revolution by focusing on building healthy financial habits, such as living below your means, saving consistently, and making informed financial decisions.

The psychological benefits of being debt-free are profound. Many individuals report feeling less stressed and more empowered to make life choices without the burden of debt weighing them down. Financial freedom opens the door to opportunities like traveling, starting a business, or investing for the future.

Planning for a Debt-Free Future

Once you’ve tackled your debt, it’s important to plan for a financially stable future. Start by setting aside money for retirement, investing in assets that grow in value, and building your wealth through diversified investments such as stocks, real estate, or mutual funds.

Achieving financial independence is a journey, and staying debt-free requires ongoing discipline. Commit to living within your means, saving for future goals, and continually educating yourself about personal finance.

Conclusion

The debt-free revolution is not just a trend but a necessary shift in the way we approach our financial lives. Overcoming student loans, credit card balances, and rising living costs can seem daunting, but with a clear plan, disciplined spending, and a strong mindset, it is entirely achievable. By following these strategies, you can conquer your debt, reclaim your financial freedom, and lay the foundation for a prosperous future.

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Navigating Cheque Transactions in the UAE: A Comprehensive Guide

Cheques remain one of the most commonly used payment methods in the UAE, whether you’re renting an apartment, purchasing a car, or conducting business transactions. Despite the growth of digital payments, cheques are often required in financial dealings due to the security they provide for larger sums. However, simple mistakes in writing or receiving cheques can lead to complications, with the risk of a cheque being dishonoured or “bouncing.”

Banks across the UAE have provided clear advisories on how to issue valid cheques, highlighting the need for accuracy and caution to avoid legal or financial trouble. To ensure you don’t get stuck in a financial bind, here is a comprehensive guide on writing and receiving cheques in the UAE.

Why Cheques Bounce

A bounced cheque occurs when a bank refuses to honour it. This can be due to several reasons, such as insufficient funds in the account, discrepancies in the details, or even a missing signature. The consequences of a dishonoured cheque can be severe in the UAE, potentially leading to legal action. It is crucial to understand the necessary elements to avoid these situations.

Essential Elements for a Valid Cheque

Before you write or accept a cheque in the UAE, there are seven critical factors you need to double-check to ensure the cheque is valid and won’t be rejected by the bank.

  1. Date of the Cheque

    Always ensure that the date on the cheque is valid and clearly written. In the UAE, a cheque can only be cashed on or after the specified date, and a cheque with an expired date (older than six months from issuance) is considered stale and will not be honoured. Post-dated cheques are common, but make sure the date is correct, or it will be refused by the bank.

  2. Payee’s Name

    Ensure the name of the person or company receiving the cheque (the payee) is spelled correctly. Even minor errors, such as misspelling the name, can result in the bank rejecting the cheque. Use the official name as listed on the payee’s bank account to avoid complications.

  3. Amount in Words and Figures

    The cheque amount must be stated both in numbers and words, and both should match exactly. If there is any discrepancy between the two, the cheque will likely be rejected. For instance, writing “AED 5,000” in numbers and “Five thousand Dirhams” in words must align perfectly.

    Tip: Always write the amount clearly, and avoid unnecessary spaces between words and numbers to prevent fraudulent alterations.

  4. Signature

    The signature on the cheque must match the signature specimen that the bank has on file for the cheque issuer’s account. Inconsistent or missing signatures will result in the cheque being dishonoured. If the cheque is signed by a company, ensure the authorized signatory signs in accordance with company policy.

  5. Sufficient Funds

    One of the most common reasons cheques bounce is insufficient funds in the issuer’s account. Before issuing a cheque, make sure your bank account has enough money to cover the cheque amount. For those receiving cheques, it’s good practice to verify with the issuer that the funds are available.

  6. Corrections and Alterations

    Avoid making any corrections or alterations on the cheque. If there’s a mistake, it’s better to void the cheque and write a new one. Banks in the UAE often refuse cheques that have been visibly edited, even if the alterations are initialled. A clean, unaltered cheque will have a better chance of being accepted.

  7. Cheque Number and Bank Information

    Ensure that the cheque number is clear and the bank's details are correct. The cheque number is typically printed at the bottom of the cheque and is crucial for tracking and processing. Banks may reject cheques if these numbers are unclear or tampered with.

Best Practices for Writing a Cheque

  • Use permanent ink: Always write with a pen that uses permanent ink, such as blue or black ink, to avoid the risk of the cheque being altered.
  • Write legibly: Make sure all details are written clearly and legibly to prevent misunderstandings or rejection by the bank.
  • Avoid signing blank cheques: Never sign a blank cheque. This can expose you to significant financial risk if it falls into the wrong hands.

What to Check When Receiving a Cheque

As a payee, there are specific steps you can take to protect yourself from receiving a faulty or fraudulent cheque:

  1. Inspect the cheque carefully: Check for all the necessary elements—correct date, payee name, amount, and signature—before accepting the cheque.
  2. Verify the issuer’s information: Make sure the cheque is issued from a legitimate source. If you’re unsure, you can contact the issuer’s bank to verify the validity of the cheque.
  3. Be aware of post-dated cheques: Ensure that the date on the cheque is one on which the issuer's bank will accept the cheque for payment. Post-dated cheques can only be cashed after the specified date.
  4. Crossed cheques: If a cheque is crossed (with two diagonal lines on the top left), it cannot be cashed and must be deposited into a bank account. Make sure the cheque format suits your needs.

What Happens if a Cheque Bounces?

In the UAE, bouncing a cheque can result in legal action. While the law has become more lenient in recent years, dishonoured cheques can still lead to criminal penalties, especially for large sums. For smaller amounts, fines may be imposed. It’s crucial to avoid issuing cheques if there is any uncertainty about your ability to meet the payment.

If you are on the receiving end of a bounced cheque, you can file a legal complaint to recover the funds. The issuer may face both civil and criminal consequences.

Conclusion

Cheques continue to play a vital role in financial transactions across the UAE. Whether you are issuing or receiving a cheque, understanding the essential elements of a valid cheque is crucial to avoid the risk of a bounced cheque and the financial and legal troubles that follow.

By following this checklist and exercising caution, you can ensure smooth transactions and avoid unnecessary delays or disputes.

For more information, banks and financial institutions across the UAE offer guidance on cheque-writing practices, so don’t hesitate to reach out to them for assistance if needed.

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UAE’s Corporate Tax Law: Managing Your Net Interest Expenditure, Taxable Income

Corporate tax is a direct tax on the net profits businesses and entities earn from their trade. The Federal Tax Authority (FTA) is responsible for the administration, collection and enforcement of this tax.

Implementation and Rates

In January 2022, the Ministry of Finance announced a Federal Corporate Tax (CT) rate of 9% on net business profits, applicable across all emirates. Companies with net profits exceeding Dh375,000 are subject to this tax at the specified rate.

The tax applies to businesses starting from their first financial year commencing on or after 1 June 2023, or January 1, 2024, as mandated by UAE Federal Decree-Law No. 47 of 2022. Companies must prepare their financial statements according to UAE accounting standards.

Purpose and Benefits

The introduction of corporate tax aims to enhance the UAE's status as a leading global hub for trade and investment, promote economic growth, adhere to international tax transparency standards and deter harmful tax practices.

Scope of Application

The corporate tax applies to:

* Individuals conducting business or engaging in commercial activities in the UAE through an unincorporated partnership or sole proprietorship.

* Entities incorporated in the UAE with a commercial licence.

* Foreign entities or individuals with a permanent establishment in the UAE.

Exemptions

According to the UAE government’s official portal, the following are exempt from paying corporate tax:

* Businesses engaged in the extraction of natural resources.

* Profits earned by UAE businesses from their shareholdings.

* Qualifying intra-group transactions and reorganisations.

* Personal earnings such as salary, investment in real estate, shares, securities, etc.

* Income from bank deposits, savings plans, dividends, capital gains, interest, royalties and other investment returns.

* Earnings of foreign investors who do not conduct business in the UAE.

Free Zone Companies

Free zone companies will continue to follow their pre-agreed regulations. However, these rules may change, and if free zone businesses trade with mainland businesses, they must pay corporate tax on that particular income.

Net Interest Expenditure Limitations

The UAE corporate tax law allows net interest expenditure up to 30% of adjusted Earnings Before Interest, Tax, Depreciation and Amortisation (EBITDA) or Dh12 million, whichever is greater. Any remaining net interest expenditure can be carried forward for up to 10 tax periods.

Net Interest Explained

"Net interest" refers to the excess of interest expenses over interest income. When calculating adjusted EBITDA, exempt income is excluded, and any interest related to exempt income is disregarded.

Tax Group Considerations

The net interest expenditure provisions apply to the entire tax group as a single taxable entity. This means the 30% cap and carry forward limits are calculated at the group level.

If the combined net interest expenses exceed Dh12 million and the group’s adjusted EBITDA is insufficient to offset these expenses, the 30% cap is enforced for the entire group.
This applies even if some group members individually have enough EBITDA to cover their interest expenses.

Subsidiary Changes and Group Dissolution

If a subsidiary leaves the tax group or there is a change in the parent company, net interest expenses remain within the group unless they are pre-grouping unutilised expenses of the subsidiary, which the subsidiary will carry forward.

If the group dissolves and the parent company remains taxable, the unutilised net interest expenses stay with the parent company. If the parent company ceases to exist, these expenses remain unutilised unless a new parent company replaces it.

In the case of a merger, the unused net interest expenses are accessible to the new parent company if it becomes the legal successor.

Handling Group Losses and Interest Expenditures

Within a tax group, various loss categories exist, including pre-grouping losses, restricted and unrestricted tax group losses, transferred losses, and those from business restructuring. However, there is no concept of restricted net interest expenditure like restricted tax group losses.

Additionally, a taxable person cannot transfer its net interest expenses to another entity, even in a business restructuring process.

Utilisation of Net Interest Expenditures

Net interest expenditures are offset in the sequence of their occurrence, after adjusting for the current period's net interest expenditures.

If multiple unused net interest expenditures originate from tax periods ending on the same date, there is no requirement to follow chronological order. Pre-grouping net interest expenditures can be utilised up to 30% of the group's adjusted EBITDA or Dh12 million, whichever is higher, provided the subsidiary has sufficient taxable income to offset these expenditures.

Transfer Restrictions

Unlike tax losses, net interest expenditure cannot be transferred between persons or groups under articles 37 and 38 of the law. Any unutilised net interest expenditure tied to a transferor ceases if the transferor exits.

Exemptions

The general interest deduction limitation rule does not affect banks, insurance providers and certain other taxable entities, such as those engaged in qualifying infrastructure projects, or those with loans taken out before December 9, 2022, without changes to the loan terms.

For these entities, their income and expenses are disregarded when calculating the tax group's total net interest expenditure and EBITDA.

Businesses and tax groups must carefully manage their net interest expenses and taxable income to ensure compliance with the UAE corporate tax law. Properly understanding and applying these regulations is crucial for optimising tax obligations and maintaining regulatory compliance.

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Dh10,000 Fine: FTA Reminds Businesses of Corporate Tax Registration Deadline

UAE residents subject to corporate tax with licences issued in May (regardless of the year of issuance) must submit their corporate tax registration application by July 31 to avoid corresponding penalties, the Federal Tax Authority (FTA) reminded.

From March 1 this year, an administrative penalty of Dh10,000 for late registration of UAE corporate tax is imposed on businesses that do not submit their corporate tax registration applications within the deadline specified by the FTA, according to the Ministry of Finance.

The FTA emphasised “the importance of taxpayers adhering to the registration deadlines specified for each category". These deadlines were previously announced through various official media platforms, including print, visual, and audio media, as well as the FTA’s official social media channels and by direct contact with registered company owners in the UAE.

Corporate tax applies to juridical persons incorporated in the UAE and to foreign entities that are effectively managed and controlled in the country. The resident juridical taxable persons cover entities incorporated in the UAE, including free zone businesses and entities established abroad but controlled and managed from the country.

According to the FTA, any resident juridical person – incorporated or otherwise established or recognised before March 1, 2024, must submit their tax registration applications for corporate tax based on the month of their licence issuance.

If a juridical person holds more than one licence, the licence with the earliest issuance date shall be used.
The FTA said taxpayers can use ‘EmaraTax’, a digital tax services platform available 24/7. It also enables unregistered persons to create a new user profile and obtain a tax registration number easily and conveniently via their email and phone number.

Taxable persons can also use the services of accredited tax agents listed on the FTA’s website and at government service centres across the UAE.

Corporate tax is a form of direct tax levied on the net income or profit of corporations and other businesses. Individuals conducting business activities in the UAE will be subject to corporate tax only if their combined turnover exceeds Dh1 million a year.

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Sports Apparel Maker Under Armour to Pay $434M to Settle Lawsuit Over Sales Disclosures

Under Armour said it has agreed to pay $434 million to settle a 2017 class action lawsuit accusing the sports apparel maker of defrauding shareholders about its revenue growth in order to meet Wall Street forecasts.

The proposed settlement, subject to court approval, averts a scheduled July 15 trial in Baltimore federal court. The shareholder lawsuit accused the apparel maker and CEO Kevin Plank of intentionally misleading them about the company's financial health.

In 2021, the Baltimore-based company had agreed to pay $9 million to settle Securities and Exchange Commission (SEC) charges that it misled investors about its revenue growth.

The SEC in its investigation found that Under Armour failed to disclose to investors that it employed a sales tactic to accelerate or "pull forward" a total of $408 million in existing orders in the second half of 2015.

Mark Solomon, lead counsel for the shareholders and a partner at litigation firm Robbins Geller Rudman & Dowd, called the proposed settlement an "important win" that underscored the key role of pension funds in holding companies accountable.

Under Armour said it intends to pay the settlement amount of $434 million through cash on hand as well as by drawing on its $1.1 billion revolving credit facility.

The company added in a regulatory filing it had agreed to also continue to separate the roles of the chair and the chief executive officer for a period of at least three years.

Under Armour said it has consistently denied the accusations and entered into this agreement in principle, which is not an admission or finding of fault or wrongdoing.

The company expects its total accrual in legal proceeding contingencies related to the lawsuit to reach $434 million during the first quarter of fiscal year 2025, from $100 million at the end of fiscal 2024. 

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FTA Urges Resident Juridical Persons to Promptly Register for Corporate Tax

As part of the Federal Tax Authority’s (FTA) ongoing efforts to encourage taxable persons subject to corporate tax to comply with FTA Decision No. 3 of 2024, which outlines the timelines for registering taxable persons for corporate tax under Federal Decree-Law No. 47 of 2022 on the taxation of corporations and businesses and its amendments, the FTA is reminding resident juridical persons with licences issued in March and April (regardless of the year of issuance) to promptly submit their tax registration application for corporate tax no later than 30 June 2024 to avoid administrative penalties.

Resident juridical persons with a licence issued in March or April, irrespective of the year of issuance, are required to submit their registration application before June 30, 2024 to avoid administrative penalties due to late registration. The FTA cautioned that taxable persons failing to register for corporate tax within the specified timelines will incur an administrative penalty of Dh10,000.

In a press statement, the FTA urged taxpayers to adhere to the timelines specified in FTA Decision No. 3 of 2024, which came into effect on March 1, 2024. The decision specifies timelines for each category of taxable persons subject to corporate tax regarding when they are required to submit their corporate tax registration applications. The FTA decision includes both juridical and natural persons, resident and non-resident.

Furthermore, the FTA called on taxable persons subject to corporate tax to familiarise themselves with the public clarification it has recently issued regarding the specified timelines for corporate tax registration.

The public clarification provides a comprehensive analysis and examples to understand the timelines that apply to various categories of persons for submitting their corporate tax registration applications. The clarification also addresses the registration requirements for juridical persons seeking exempt status from the FTA under the corporate tax law.

According to the public clarification, juridical persons that are resident persons incorporated, otherwise established, or recognised before March 1, 2024 must submit their tax registration application for corporate tax based on the month of their licence issuance. If the taxable person holds an expired licence as of March 1, 2024, the reference for submission is still based on the month of its original licence issuance.

For those with multiple licences, the deadline is determined by the licence with the earliest issuance date. Juridical persons incorporated, otherwise established, or recognised on or after  March 1, 2024 must submit a tax registration application within three months from the date of incorporation, establishment, or recognition.

Juridical persons recognised under foreign legislation but effectively managed and controlled in the UAE must submit a tax registration application within three months from the end of their financial year.

The FTA indicated that corporate tax registration is available through the "EmaraTax" digital tax services platform, accessible 24/7. The registration process has been simplified into four main steps, taking approximately 30 minutes.

The service is accessible through the following link:https://eservices.tax.gov.ae/; the process requires creating a user account using an email and phone number, submitting the required documents, obtaining approval of the registration request, and receiving a corporate tax registration number (Corporate TRN) upon approval.

To diversify its service delivery channels and provide an environment conducive to tax compliance, the FTA allows taxpayers to register through authorised tax agents listed on the Federal Tax Authority's website.

The FTA has also facilitated corporate tax registration applications through government service centres across the UAE. Taxpayers can submit their corporate tax registration applications with the help of specialists at these centres, which provide services electronically based on high government service standards and are managed by trained and qualified personnel.

The Federal Tax Authority urges taxable persons subject to corporate tax to examine the corporate tax law, as well as all public clarifications regarding the specified timelines for corporate tax registration, and related guidelines and executive decisions, which are available on the FTA official website at:https://tax.gov.ae/en/default.aspx.

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Delhi High Court Orders Interim Stay on Arvind Kejriwal’s Bail Granted by Trial Court

In a setback for Arvind Kejriwal, the Delhi High Court paused his bail order in a corruption case related to the Delhi Liquor Policy until a hearing on Enforcement Directorate's petition. The probe agency challenged Kejriwal's bail just hours before he was to leave Tihar jail.

The ED mentioned its petition challenging the trial court's bail order for an urgent hearing before a bench of Justices Sudhir Kumar Jain and Ravinder Dudeja.

The high court said till it heard the petition, the trial court order would not be acted upon.
Kejriwal's wife, Sunita Kejriwal, and Aam Aadmi Party (AAP) leaders had planned to visit Tihar Jail at 4 pm on Friday to greet the Delhi Chief Minister.

On Friday, a Delhi court ordered Kejriwal's release on a personal bond of ₹ 1 lakh but imposed certain conditions before granting him the relief, including that he would not try to hamper the investigation or influence the witnesses.

The court had accepted Kejriwal's argument that the probe agency hasn't presented enough evidence since arresting the Delhi Chief Minister on March 21.

The bail came after multiple rounds in trial courts where Arvind Kejriwal has been repeatedly denied bail. He hasn't stepped down as Delhi Chief Minister despite calls from the ruling Bharatiya Janata Party for his resignation.

In May, the Supreme Court had issued interim bail to Kejriwal for election campaigning. He returned to prison two days before the results were declared.

The ED arrested Kejriwal over money laundering allegations while framing the Delhi liquor policy for 2021-22, which was later scrapped after the Lieutenant Governor raised red flags.

The ED has alleged the money Kejriwal got from the liquor sellers was used to fund the party's campaign in Goa since he is the convenor of the AAP.

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Sharjah Police Arrest International Gang of 5 Criminals for Phishing Dh3 Million Electronically

A gang of five scammers has been apprehended by the Sharjah Police, the authorities announced on Thursday.

The criminal network operated from outside the country and specialised in cyber fraud through a process known as "173". In connection with the scam, over Dh3 million has been seized from accounts linked to 11 anonymous reports registered with the police in the country, the authorities further stated.

The suspects were found to have phished Dh3,011,854 from accounts linked to 11 anonymous reports received by police departments across the UAE, according to Major General Saif Al Zari Al Shamsi, Commander-in-Chief of Sharjah Police.

Brigadier Omar Ahmed Abu Al Zoud, Director of the Sharjah CID, revealed that a report was received from an Arab working for a company within the country. He stated that he had received an email from a supposed supplier requesting an update of the bank data.

After updating the details and transferring Dh85,713,052 to the bank account number provided by the fraudulent company, he discovered that the email was fake.

Abu Al Zoud noted that a team of cybercrime experts was formed to verify the fraud operation and arrest the perpetrators. The technical investigation revealed that the email was fake, and further technical follow-up showed that the money transfer had been made from outside the country.

An African individual who withdrew Dh20,000 from the amount was also identified and arrested in a sting operation at his residence, along with others who lived with him and were proven to be involved in crimes related to cyber fraud.

The police found 173 bank cards and 132 chequebooks belonging to victims whose bank details were used to commit fraud, in the possession of the suspects. Additionally, 21 smartphones, 18 Emirates ID cards belonging to victims who had left the country, six stamps of fake companies and Dh95,320 obtained from withdrawals made through electronic fraud were also discovered.

Abu Al Zoud explained that the perpetrators had premeditatedly purchased 173 accounts from their original owners who had left the country.

They then controlled the accounts and bank cards, transferring money from one account to another to mislead the police.
Lieutenant Ahmed Al Bahai and Lieutenant Nouf Abdul Rahim Al Harmoudi reported that four types of cybercrimes have been frequently reported recently -- "Fake job advertisements", "Fake websites", "Electronic impersonation of persons and institutions", and "Electronic hacks".

They also warned against dealing with websites or information circulated via social media platforms

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Visa, Mastercard $30 Billion Antitrust Settlement in Peril, Judge May Reject Accord

Visa's and Mastercard's proposed $30 billion antitrust settlement to limit credit and debit card fees for merchants is in peril, after a New York judge signalled she was preparing to reject the accord.

US District Judge Margo Brodie in Brooklyn told lawyers for the card networks and objectors at a hearing that she will "likely not approve the settlement," according to court records.

She plans to write an opinion explaining her decision and reasoning. Both card networks said they were disappointed. Mastercard called the settlement a "fair resolution" that gave businesses more flexibility in managing card transactions, and Visa called it an "appropriate resolution" to the nearly 19-year-old case.

The settlement announced on March 26 was intended to resolve most claims in the nationwide litigation, with small businesses comprising more than 90 per cent of the settling merchants.

Businesses have long complained that Visa and Mastercard charge excessive swipe fees, or interchange fees, for processing credit and debit card payments, and illegally bar them from steering customers toward cheaper forms of payment.

Swipe fees totalled $172 billion in 2023, and have more than doubled in the last decade, according to the Merchants Payments Coalition, which represents retailers, grocers, convenience stores and gas stations.

Under the settlement, the average 1.5 per cent to 3.5 per cent swipe fee would fall by at least 0.04 percentage points for three years. Visa and Mastercard also agreed to cap rates for five years and remove anti-steering provisions.

Objectors included the National Retail Federation, the world's largest retailer trade group. It called the settlement "manifestly insufficient" and its benefits "meager and temporary," saying it would still let Visa and Mastercard dictate swipe fees, and impose a "virtually limitless" ban on future claims by merchants.

The case is In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation, US District Court, Eastern District of New York, No 05-md-01720.

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Nigerian Authorities Drop Tax Evasion Charges Against Detained Binance Compliance Executive

 

Nigerian authorities have dropped some of the charges against two Binance executives, including a compliance executive of the cryptocurrency exchange who has been detained in the country since February.

Nigeria’s Federal Inland Revenue Service filed amended charges on Friday, dropping tax evasion charges against Tigran Gambaryan, the firm’s head of financial crime compliance, and Nadeem Anjarwalla, its regional manager for Africa, a spokesman for Binance said on Friday.

Binance itself is now the only defendant in the tax evasion case, a spokesman for Gambaryan’s family said. Binance and the two executives still face charges of money laundering and of providing financial services without a licence from Nigeria’s Economic and Financial Crimes Commission.

The next hearing for the case is scheduled for 19th June, the family spokesman for Gambaryan said. Gambaryan, an American and a former special agent at the Internal Revenue Service for a decade, has been detained in Nigeria since late February and will remain detained at Kuje prison.

Anjarwalla, who was detained together with Gambaryan, escaped and fled abroad in March. "Dropping charges further illustrates that Tigran is not a decision maker at Binance and does not need to be held in order for Binance to resolve issues with the Nigerian government.

We await the court’s ruling on this, discharging Tigran from this matter completely," the Binance spokesman said, adding that Binance is committed to continuing to work with the Nigerian government to resolve the issue.

Gambaryan’s family said his health has also deteriorated during the detention. He collapsed in court on May 23 with malaria and now has pneumonia, the spokesman said.

"This clearly shows that any issues between the Nigerian authorities and Binance can be resolved without holding my husband in prison. I sincerely hope the Nigerian authorities will now see how unnecessary it is to keep Tigran at Kuje," his wife Yuki Gambaryan said in a statement. "My biggest concern at the moment is Tigran’s deteriorating health and the awful conditions he is being kept in."

Representatives for Nigeria’s Federal Inland Revenue Service and the Economic and Financial Crimes Commission didn’t immediately respond to a request for comment.

Binance and Nigeria have been at odds since February, when authorities there blamed the world’s largest cryptocurrency exchange for helping to crash its currency and for an alleged lack of money-laundering controls.

Earlier this month, several members of Congress called on President Biden to step up efforts to release Gambaryan from detention in Nigeria. More than 100 former federal agents also wrote to US Secretary of State Antony Blinken to ask him to help with his release.

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FTA Issues Public Clarification on Corporate Tax Registration Deadlines for Taxable Persons

The Federal Tax Authority (FTA) has issued a public clarification on the registration timelines for taxable persons for corporate tax. The clarification further explains the specific deadlines for the different categories of taxable persons subject to corporate tax and encourages them to submit their tax registration applications to the FTA.

The clarification underscores the FTA’s commitment to informing taxable persons and stakeholders about all key updates and developments to ensure complete transparency and compliance. It aims to clarify the timelines prescribed in Federal Tax Authority Decision No. 3 of 2024 regarding the registration of taxable persons for corporate tax under Federal Decree Law No. 47 of 2022 on the taxation of corporations and businesses and its amendments.

The FTA stated that this clarification neither amends nor seeks to amend any provision of the aforementioned legislation. Therefore, it is effective from the date of implementation, i.e., March 1, 2024, unless stated otherwise.

The public clarification emphasises the deadlines for various types of taxable persons, both resident persons and non-resident persons, including juridical persons and natural persons.

It also addresses the registration requirements for juridical persons seeking exempt status from the FTA under the corporate tax law. However, the timeline for applying for exemptions remains unchanged, as per FTA Decision No. 7 of 2023.

According to the clarification, all taxable persons are required to submit a tax registration application to the FTA by the specified deadlines. Non-compliance will result in an administrative penalty of Dh10,000.

The public clarification includes a comprehensive analysis and examples to help taxable persons understand how the timelines apply to their specific category. The FTA encourages all affected persons to adhere to the specified timelines to ensure compliance and avoid any penalties. Therefore, it is crucial for all taxable persons to review the public clarification and ensure the timely submission of their corporate tax registration applications.

Key Highlights

Juridical persons that are resident persons incorporated or otherwise established or recognised prior to March 1, 2024 must submit their tax registration application for corporate tax based on the month of their licence issuance. If such a juridical person does not hold a licence as of March 1, 2024, the application deadline is May 31, 2024.

If the taxable person holds an expired licence as of March 1, 2024, the reference for submission is still based on the month of its original licence issuance. For those with multiple licences, the deadline is determined by the earliest issuance date, considering the year of issuance of the licence.

For juridical persons that are incorporated or otherwise established or recognised on or after March 1, 2024, they must submit a tax registration application within three months from the date of incorporation, establishment, or recognition.

Juridical persons recognised under foreign legislation but managed and controlled in the UAE must submit a tax registration application within three months from the end of their financial year.

Juridical persons that are non-resident persons prior to March 1, 2024, by virtue of having a permanent establishment in the UAE, must submit a tax registration application within nine months from the date of existence of the permanent establishment.

The date of existence of the permanent establishment is when the permanent establishment is recognised for UAE corporate tax purposes. Therefore, for a fixed place of business permanent establishment, the existence of the permanent establishment will be when all the requirements are met, including establishing a degree of permanence of six months in the UAE, starting from when the corporate tax law came into force on June 1, 2023.

If an international agreement provides a longer duration for recognising a permanent establishment, the international agreement prevails. Juridical persons that are non-resident persons by virtue of having a nexus in the UAE prior to March 1, 2024 must submit their application by May 31, 2024.

Juridical persons that are non-resident persons on or after March 1, 2024 by virtue of having a permanent establishment in the UAE must submit a tax registration application within six months from the date of existence of the permanent establishment.

If non-resident persons have both a permanent establishment and a nexus in the UAE, the deadline to submit a tax registration application for corporate tax to the FTA is the earliest of their respective deadlines.

Starting January 1, 2024, natural persons that are resident persons must submit a tax registration application for corporate tax if their turnover from businesses or business activities in the UAE exceeds Dh1 million within a Gregorian calendar year. If this threshold is met, a tax registration application must be submitted by March 31 of the subsequent Gregorian calendar year.

Natural persons that are non-resident persons must submit a tax registration application for corporate tax if their turnover from businesses or business activities derived via a permanent establishment in the UAE exceeds Dh1 million during a Gregorian calendar year, starting from January 1, 2024. Such natural persons are required to complete a tax registration application within three months of meeting the requirements of being subject to corporate tax.

A natural person who is a non-resident person will meet the requirements to be subject to corporate tax when they have a permanent establishment in the UAE and, in the Gregorian calendar year, they exceed the Dh1 million turnover threshold derived from the permanent establishment.

The first possible tax period for a natural person, regardless of whether they are a resident person or a non-resident person, will be the 2024 Gregorian calendar year. Any income generated before January 1, 2024 will not be subject to corporate tax, and the deadline to submit a tax registration application is March 31, 2025.

The public clarification on corporate tax registration timelines underlines the FTA's dedication to fostering a transparent and efficient tax environment, ensuring that all persons can operate within a well-defined and supportive framework. 

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Banks and Financial Entities in UAE Cannot Seize Properties Without Obtaining Court Order

A recent incident has come to light where a bank has been accused of illegally seizing a property over disputed dues. This development has raised significant concerns regarding the legal rights of property owners and the bounds of bank authority in the UAE.

In this article, we delve into the specifics of the case at hand and discuss its implications for property owners and borrowers in the region. A UAE resident found himself embroiled in a legal dispute with his bank after they allegedly seized his property without following the appropriate legal procedures.

The individual had been involved in a disagreement with the bank over outstanding debts. However, rather than resolving the matter through the judicial system, the bank took unilateral action to confiscate the property.

In the UAE, the legal process for property seizure is well-defined and must be strictly adhered to by financial institutions. According to UAE law, banks and other financial entities cannot seize properties without obtaining a court order.

The process typically involves:

Notification of Default: The borrower must be formally notified of the default on loan payments.
Court Proceedings: If the borrower fails to settle the dues, the bank must file a case in court to seek permission for property seizure.
Court Order: Only after obtaining a court order can the bank proceed with the seizure of the property.

In this case, it appears that the bank did not follow these crucial steps, leading to allegations of illegal seizure.
Property owners in the UAE are entitled to specific rights that safeguard them from unlawful actions by financial institutions. These rights include:

Right to Due Process: Property owners are entitled to a fair legal process before any seizure can occur.
Right to Dispute: Owners have the right to dispute claims and present their case in court.
Right to Compensation: If a property is illegally seized, the owner can seek compensation for damages incurred.

The implications of this case are far-reaching. It highlights the importance of adhering to legal procedures and respecting the rights of borrowers. For banks, it serves as a reminder of the legal boundaries within which they must operate. For property owners, it underscores the necessity of understanding and asserting their legal rights.

If you find yourself in a situation where a bank is threatening to seize your property without following due process, here are some steps you can take:

*Consult with a legal expert to understand your rights and the appropriate course of action.
* Keep records of all communications and transactions with the bank.
* Report the matter to relevant authorities if you believe your rights are being violated.
* If necessary, take legal action to protect your property and seek compensation for any illegal actions.

In conclusion, the aforementioned incident highlights the critical role that legal due process plays in protecting the rights of property owners. Both financial institutions and individuals must respect these rights and ensure compliance with the relevant laws and regulations.

Should you find yourself involved in a similar dispute, it is highly recommended that you seek the guidance of a qualified legal professional.

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NRI Alert: Should NRIs in UAE File IT Returns Before July 31 Deadline of 2024 in India?

In recent years, the landscape of Non-Resident Indian (NRI) taxation has witnessed significant changes, especially concerning the filing of income tax returns in India. As we approach the filing season for the financial year 2022-2023, it becomes imperative for NRIs to understand their tax obligations and the implications of not complying with the regulations set forth by the Indian tax authorities.

For NRIs, the determination of tax liability in India is primarily based on their residential status as per the provisions of the Income Tax Act, 1961. An individual is considered a resident in India for a particular financial year if they satisfy either of the following conditions:

  •  They have stayed in India for 182 days or more in the financial year.
  •  They have stayed in India for 60 days or more during the financial year and 365 days or more during the preceding four financial years.

If an individual does not meet any of these criteria, they are deemed to be an NRI for that financial year.
While NRIs are not taxed in India for income earned abroad, they are liable to pay taxes on income generated within India or received in India. The sources of income that are taxable in India include but are not limited to:

  • Income from salary or wages earned in India.
  •  Income from house property situated in India.
  •  Capital gains arising from the transfer of assets located in India.
  •  Interest, dividends, or any other income earned from investments made in India.

Filing income tax returns in India is mandatory for NRIs if their total income exceeds the basic exemption limit, which is Rs2.5 lakh for the financial year 2022-2023. Additionally, even if the income falls below the exemption limit, NRIs are required to file a return if they wish to claim a refund or if they have incurred a loss that they want to carry forward.

Moreover, NRIs must be aware of the various forms prescribed by the Income Tax Department for filing returns based on the nature of their income and residential status. For instance, NRIs with income from salary or house property may need to file Form ITR-1 (Sahaj) or Form ITR-2, depending on their circumstances.

There are three main types of NR accounts:

Non-Resident External (NRE) Account: An NRE account is a rupee-denominated account where NRIs can deposit their foreign earnings that are repatriable. Funds in an NRE account can be freely repatriated both in principal and interest, and the interest earned is tax-free in India. This account can be in the form of savings, current, recurring, or fixed deposit accounts.
Non-Resident Ordinary (NRO) Account: An NRO account is also a rupee-denominated account, but it is meant for managing income earned in India, such as rent, dividends, or pension. Funds in an NRO account are not freely repatriable, meaning there are restrictions on transferring the funds abroad. The interest earned on an NRO account is taxable in India, subject to applicable rates and deductions.
Foreign Currency Non-Resident (FCNR) Account: FCNR accounts allow NRIs to hold foreign currency deposits in India. These accounts can be maintained in major currencies like USD, GBP, EUR, JPY, etc., and the funds are freely repatriable. Interest earned on FCNR deposits is tax-free in India.
Let us discuss how tax rules apply to these accounts:
Taxation of NRE Account: Interest earned on NRE accounts is tax-free in India. NRIs are not required to pay any tax on the interest income earned on funds held in NRE accounts. However, NRIs may have to report the interest income earned in their country of residence and comply with tax regulations applicable there.
Taxation of NRO Account: Interest earned on NRO accounts is taxable in India. NRIs are required to pay tax on the interest income earned from funds held in NRO accounts at the applicable rates as per the Income Tax Act. TDS (Tax Deducted at Source) is applicable on interest income exceeding specified thresholds and NRIs can claim deductions and avail themselves of benefits under the Double Taxation Avoidance Agreement (DTAA) between India and their country of residence.
Taxation of FCNR Account: Interest earned on FCNR deposits is tax-free in India. Similar to NRE accounts, NRIs are not required to pay any tax on the interest income earned on funds held in FCNR accounts.

However, NRIs should check the tax implications in their country of residence and comply with the relevant tax laws there.

It's essential for NRIs to understand the tax implications of maintaining different types of non-resident accounts in India and ensure compliance with both Indian tax laws and the tax regulations of their country of residence. Consulting with a tax advisor or chartered accountant can help NRIs navigate the complexities of tax planning and optimise their tax liabilities.

List of Documents Needed to File ITR in India

To file income tax returns (ITRs) in India for the financial year 2023-2024 as a Non-Resident Indian (NRI) residing in the United Arab Emirates (UAE), several documents are required to ensure accurate reporting of income and compliance with Indian tax laws. Here's a list of documents typically needed:

Passport: A copy of the passport, which serves as proof of identity and nationality.
PAN (Permanent Account Number) Card: If you have a PAN card, provide a copy as it is a mandatory requirement for filing income tax returns in India.
Form 16/Income Certificate: If you have earned income from employment in India, you need Form 16 issued by your employer or an income certificate indicating details of salary, allowances and taxes deducted at source (TDS).
Bank Statements: Copies of bank statements for all NRI accounts held in India and abroad during the financial year. This includes NRE (Non-Resident External), NRO (Non-Resident Ordinary), FCNR (Foreign Currency Non-Resident) and any other accounts.
Investment Proofs: Documents supporting investments made in India, such as receipts for purchases of mutual funds, stocks, bonds, or other securities, as well as proof of investments made under various tax-saving schemes like PPF (Public Provident Fund), ELSS (Equity Linked Savings Scheme), NSC (National Savings Certificate), etc.
Property Documents: If you own property in India, provide copies of property documents, including sale deed, purchase agreement, rental agreements, property tax receipts, and details of rental income earned.
Capital Gains Statements: If you have sold any assets like stocks, mutual funds, property, etc., provide statements showing capital gains or losses incurred from such transactions.
Interest Certificates: Certificates from banks or financial institutions showing interest earned on savings accounts, fixed deposits, or other financial instruments held in India.
Tax Residency Certificate (TRC): Obtain a Tax Residency Certificate from the UAE tax authorities to claim benefits under the Double Taxation Avoidance Agreement (DTAA) between India and the UAE.
Foreign Income Documents: If you have earned income in the UAE or any other foreign country, provide documents such as salary slips, employment contracts, tax statements and any other relevant documents related to foreign income.
Proof of Tax Paid in the UAE: If you have paid taxes in the UAE on income earned there, provide proof of tax paid, such as tax payment receipts or statements.
Foreign Exchange Declaration Form (FEMA Form 15CA/CB): If applicable, provide Form 15CA/CB as required under the Foreign Exchange Management Act (FEMA) for remittance of funds outside India.

Conclusion

Understanding the taxation regulations and filing requirements for Non-Resident Indians (NRIs) in India is crucial for ensuring compliance with the law and optimising tax liabilities. As NRIs residing in the UAE prepare to file their income tax returns for the financial year 2023-2024, they must gather a comprehensive array of documents, including passports, PAN cards, bank statements, investment proofs, property documents and tax residency certificates.

By meticulously compiling these documents and seeking guidance from tax advisors or chartered accountants, NRIs can navigate the complexities of tax planning, accurately report their income, and fulfil their tax obligations in both India and their country of residence.

Additionally, staying informed about changes in tax laws and leveraging available tax-saving opportunities can contribute to a transparent and compliant tax ecosystem, ultimately fostering financial stability and compliance among NRIs.

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Call for Resident Juridical Persons to Apply for Corporate Tax Registration by June 30

The Federal Tax Authority (FTA) has issued a call to resident juridical persons with licences issued in March and April (regardless of the year of issuance) to submit their Corporate Tax registration applications by June 30, 2024, to comply with tax legislation.

In a press release, the FTA emphasised the importance of adhering to the Federal Tax Authority Decision No. (3) of 2024, effective from March 1. This decision sets deadlines for taxpayers subject to Corporate Tax to submit registration applications.

The FTA highlighted that administrative penalties, as per Cabinet Decision No. (75) of 2023, will be imposed on those who fail to meet the specified timeframes for Corporate Tax registration. The FTA clarified that the registration deadlines apply to both resident and non-resident juridical persons, as well as natural persons.

Resident natural persons conducting business in the UAE during 2024 or subsequent years, with total earned revenues exceeding Dh1 million in a Gregorian calendar year, must submit their Corporate Tax registration application by March 31 of the following year. Therefore, for the 2024 tax year, the deadline is March 31, 2025.

Non-resident natural persons conducting business activities in the UAE during 2024 or subsequent years, and whose total earned revenues exceed Dh1 million, must submit their Corporate Tax registration application within three months of meeting the eligibility criteria.

Corporate Tax registration is available through the "EmaraTax" digital tax services platform, accessible 24/7. The process involves four main steps and takes approximately 30 minutes. VAT or excise tax registrants can directly access their accounts on the "EmaraTax" platform, complete the Corporate Tax registration application, and submit the required documents. Upon approval, applicants will receive their Corporate Tax registration number.

Non-registered taxpayers subject to Corporate Tax must create a new user profile. New users can access the "EmaraTax" platform at this link and create an account by registering with their email and personal phone number. Once a user profile is created, taxpayers can complete their registration by selecting the corporate taxpayer option.

To diversify its service delivery channels and promote tax compliance, the FTA allows taxpayers to register directly through the "EmaraTax" digital tax services platform or with the assistance of authorised tax agents listed on the FTA website.

The FTA has also enabled Corporate Tax registration applications through numerous Government Service Centers across the UAE. Taxpayers can submit their applications with the help of specialists at these centers, which provide services electronically. After completing the application process and verifying the data, FTA specialists will review the application internally, and the applicant will receive their tax registration number via email.

The FTA urged taxpayers to review the Corporate Tax Law, implementing decisions, and related guides published on its website at https://tax.gov.ae/en/default.aspx.

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Billionaire in Custody: Former Binance CEO Zhao Begins Prison Term in California

Binance's billionaire founder, Changpeng Zhao, has reported into a low-security federal prison located in Lompoc, California. CNBC contacted Zhao's defense team at Latham & Watkins to verify the news that the former cryptocurrency executive is now in custody.

Zhao received a four-month prison sentence in April after admitting guilt to charges related to facilitating money laundering through his cryptocurrency exchange.

The former Binance chief received a sentence notably shorter than the three years initially sought by federal prosecutors. The defense had requested five months of probation instead. Despite sentencing guidelines recommending a prison term of 12 to 18 months, Zhao was apologetic before US District Judge Richard Jones as he awaited his sentence, as reported by Reuters.

In November, Zhao, commonly known as “CZ,” struck a deal with the US government to resolve a multiyear investigation into Binance, the world’s largest cryptocurrency exchange. As part of the settlement, Zhao stepped down as the company’s CEO.
The scope of his alleged crimes included willfully failing to implement an effective anti-money laundering programme as required by the Bank Secrecy Act, and allowing Binance to process transactions involving proceeds of unlawful activity, including between Americans and individuals in sanctions jurisdictions.

The US ordered Binance to pay $4.3 billion in fines and forfeiture. Zhao agreed to pay a $50 million fine.

Sam Bankman-Fried, the founder and former CEO of FTX, is currently serving a federal prison sentence in the US. He was convicted on all seven criminal counts in November and received a 25-year prison term in March for his involvement in a securities fraud conspiracy related to his cryptocurrency exchange and associated hedge fund, Alameda Research. Additionally, Bankman-Fried was ordered to forfeit $11 billion during the sentencing in Manhattan federal court.

Unlike Changpeng Zhao, Bankman-Fried did not enter into a plea deal with the government. Instead, other members of his executive team cooperated with prosecutors. Caroline Ellison, the former CEO of Alameda and Bankman-Fried's former girlfriend, served as a key witness for the government during his trial.

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How to Assess Cheque Bounce Risk with Cheque Score from Al Etihad Credit Bureau

In the digital age, financial transactions often rely on cheques, but the uncertainty of whether a cheque will bounce can be a concern. Al Etihad Credit Bureau (AECB) offers an online service to help cheque receivers assess this risk through the Cheque Score system.

Understanding Cheque Score

The Cheque Score service allows individuals and businesses to evaluate the likelihood of a cheque bouncing. This tool is particularly useful for small and medium-sized enterprises that cannot afford the repercussions of delayed or missed payments.

How to Obtain a Cheque Score?

To use the Cheque Score service, follow these steps:

  • Download the App: Get the Al Etihad Credit Bureau Cheque Score app from your preferred app store.
  • Submit Cheque Details: Scan the cheque, upload an image, or manually enter the cheque data.
  • Complete Payment: Finalise the process by making the necessary payment.
  •  View & Share Score: The Cheque Score will be displayed, and you can share it as needed.

How does the Cheque Score Work?

A Cheque Score is calculated using a sophisticated algorithm based on predictive analytics and extensive data from AECB’s database. The score, ranging from 1 to 99 per cent, indicates the probability of the cheque bouncing within the next nine months. The score is colour-coded for easy interpretation:

  • Green: Low Risk
  •  Amber: Medium Risk
  •  Red: High Risk

Improving Your Cheque Score

Maintaining a good Cheque Score is essential for financial stability. Here are steps to improve your score:

  •  Pay your bills on or before the due date.
  •  Avoid bouncing cheques.
  •  Reduce outstanding balances and manage credit utilisation.
  •  Avoid applying for multiple credit cards or loans simultaneously.

Why Knowing Your Credit Score Matters?

A credit score is a three-digit number reflecting your creditworthiness and impacts your ability to obtain loans or credit cards. Higher scores facilitate easier access to credit, lower interest rates and more favourable loan terms.

In the UAE, AECB generates credit reports that include your credit score. These reports are compiled using data from various financial institutions, telecom operators and service providers, covering aspects such as loans, credit card usage, payment history and bounced cheques.

What Constitutes a Good Credit Score?

Credit scores range from 300 to 900, with scores above 700 considered good. A score below 400 is typically unfavourable and may result in loan or credit card rejections. To apply for your credit score, visit the AECB website or use the AECB app. You can opt for either a comprehensive credit report or just your credit score.

Benefits of the Cheque Score System

The Cheque Score system provides vital insights, helping you decide whether to accept a cheque as a payment method. By receiving notifications about upcoming payments and potential risks, you can make more informed financial decisions.

Using Cheque Score ensures you are better prepared to handle cheques, minimising the risk of bounced payments and improving your overall financial management.

In conclusion, the Cheque Score service by Al Etihad Credit Bureau is a valuable tool for managing cheque-based transactions, offering peace of mind and financial security for individuals and businesses alike.

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UAE Federal Tax Authority Issues Corporate Tax Guide for Free Zone Persons

 

The Federal Tax Authority (FTA)  has taken a significant step towards clarifying the application of Corporate Tax within Free Zones by issuing a comprehensive guide.

The guide aims to streamline the understanding and implementation of Corporate Tax regulations for Free Zone Persons, particularly in light of the Free Zone Corporate Tax regime.

Under this regime, Qualifying Free Zone Persons benefit from a favourable 0% Corporate Tax rate on their Qualifying Income. The guide serves as a roadmap for businesses operating within Free Zones, offering detailed insights into the conditions for eligibility as a Qualifying Free Zone Person and the types of activities that qualify for this advantageous tax treatment.

By providing illustrative examples, the guide assists businesses in navigating the complexities of Corporate Tax Law as it pertains to Free Zone operations. It elucidates key concepts such as the calculation of Corporate Tax, the determination of Qualifying Income and the treatment of income derived from various sources, including immovable property and Qualifying Intellectual Property.

Furthermore, the guide addresses the importance of maintaining a substantial presence for Qualifying Free Zone Persons and outlines criteria for identifying Permanent Establishments both within and outside the Free Zones.

It underscores the FTA's commitment to ensuring compliance with tax regulations while facilitating the growth of businesses operating within Free Zones.

Recognizing the vital role played by Free Zones in bolstering the UAE economy, the FTA emphasises the manifold benefits offered by these economic hubs. These include relaxed foreign ownership restrictions, streamlined administrative procedures and state-of-the-art infrastructure, all of which contribute to fostering a conducive environment for business growth and innovation.

The FTA urges all Free Zone Persons to thoroughly review the guide to gain a comprehensive understanding of the regulatory framework governing Corporate Tax within Free Zones.

The guide, along with other relevant implementing decisions, is readily accessible on the FTA's official website, reaffirming the authority's commitment to transparency and accessibility in tax administration.

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Dubai Link? UK Woman Jailed for Laundering Bitcoin Tied to $5.6B China Fraud

A woman was sentenced to six years and eight months in jail for laundering massive amounts of bitcoin linked to an alleged US$5.6 billion investment fraud in China.

Jian Wen, a former fast food worker who transformed her life with a luxurious lifestyle, was found guilty of one count of money laundering relating to about 150 bitcoin for a Chinese woman between 2017 and 2022. In the wider operation, the police seized over 61,000 bitcoin, now worth over $4 billion.

“This was an offence which was sophisticated and involved significant planning,” Judge Sally-Ann Hales said Friday, as she handed down the sentence. “I am in no doubt that you knew what you were dealing with.”

Wen, who holds British and Chinese citizenship, consistently denied all allegations against her and is appealing against her conviction. She said she was a victim and only followed instructions from a woman described as the “mastermind” by her lawyers.

Wen did not know the money was obtained in a fraud, her lawyer said. She was not accused of any role in the underlying fraud in China. Instead she was “duped and used” and she “bitterly regrets her involvement” with the alleged mastermind, her lawyer Mark Harries said during the Friday hearing.

The prosecution insisted that Wen was driven by greed and financial gains and was the decision maker for the cryptocurrency wallet in her control.

In March, the jury found Wen guilty of one count of money laundering after the prosecution showed thousands of pieces of evidence including WhatsApp messages between Wen and the alleged mastermind in a nearly two-month long trial.

The trial also highlighted the role of a series of intermediaries and professionals in London and Dubai who helped the two women launder bitcoin and buy assets in the UK, Europe and Dubai.

Wen, 42, went from living in the basement of an East London Chinese takeaway where she was employed, to a six-bedroom mansion in a leafy suburb, spending thousands on luxury shopping sprees at Harrods after she started working for the now-arrested woman fugitive.

Separately, the woman’s lawyer said in a statement that she denies the allegations of fraud against her. He said that she acquired substantial holdings of bitcoin through lawful means.

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FTX Founder Sam Bankman-Fried Will be Transferred to a New Prison, Likely in California

Sam Bankman-Fried is being transferred to a new prison, likely in California, as he prepares to appeal his charges. The transfer process is expected to be slow, and the exact location of the new facility remains undisclosed.

Federal officials have begun the process of his transfer to a new prison, overriding his wish to stay in New York, the Wall Street Journal reported on Wednesday, citing a spokesman for the jailed FTX founder.

Bankman-Fried was sentenced to 25 years in prison by a judge for stealing $8 billion from customers of the now-bankrupt FTX cryptocurrency exchange he founded.

The jury found him guilty in November on seven fraud and conspiracy counts stemming from FTX's 2022 collapse in what prosecutors have called one of the biggest financial frauds in US history.

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Samana Developers Appoints Complyfin to Enhance AML/CFT Compliance

In a strategic move to enhance transparency and security, Samana Developers, a prominent real estate company, has appointed Complyfin, an affiliated solution provider of Dow Jones, to manage their Anti-Money Laundering (AML) and Combating the Financing of Terrorism (CFT) compliance measures.

Imran Farooq, CEO of Samana Developers, stated: “As a leading real estate developer in Dubai, we recognise the importance of maintaining utmost transparency and integrity in all our operations. Implementing AML/CFT compliance measures demonstrates our commitment to ethical business practices, fostering a secure and trustworthy environment for our customers and stakeholders.

We have appointed Dow Jones-affiliated Complyfin to ensure comprehensive AML/CFT compliance across our operations.”

He added: “It is our shared responsibility to ensure our investors' security and safety in compliance with UAE regulations. Samana Developers has successfully tested and deployed this flexible solution to manage various regulatory obligations and workflows, enhancing our overall AML/CFT regulatory compliance regime.”

Complyfin is a solution from Dow Jones Risk & Compliance, a division of Dow Jones & Company, a leading provider of news, data, and analytics. Complyfin helps businesses manage regulatory compliance obligations, focusing on AML, CTF and Know Your Customer (KYC) requirements.

Dow Jones Risk & Compliance offers tools and services to navigate complex regulatory landscapes and mitigate financial crime risks, including screening for sanctioned entities, politically exposed persons (PEPs), adverse media, and due diligence checks.

The adoption of AML/CFT compliance measures reflects Samana Developers' proactive approach to mitigating financial risks and combating illicit activities, in line with UAE regulations and international best practices. Integrating these measures aims to enhance the company’s ability to detect and prevent financial crimes, fortifying its reputation as a responsible developer.

Samana Developers has established a policy to govern cash receipts for unit sales, ensuring compliance with AML laws. Customers are limited to cash payments of up to Dh55,000 ($15,000) per unit, with any amount exceeding this limit to be settled through non-cash methods such as bank transfers or credit/debit cards.

Compliance with this policy is a collective responsibility across all operational departments. It is crucial for property consultants and brokers to adhere strictly to this policy in their daily operations, ensuring robust compliance and operational integrity.

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Nigeria Court Rules Binance Executive Can Face Trial on Behalf of Crypto Exchange

 

A Nigerian court ruled that Binance executive Tigran Gambaryan can stand trial on behalf of the cryptocurrency exchange in an ongoing tax evasion case.

Binance and executives Gambaryan, a US citizen and head of financial crimes compliance, and British-Kenyan national Nadeem Anjarwalla, a regional manager for Africa, face four counts of tax evasion.

In a separate case, they have also been charged with laundering more than $35 million and engaging in specialised financial activities without a licence. They have all pleaded not guilty to the money laundering charges.

Binance's lawyer declined to comment after Friday's court hearing. Gambaryan's lawyer also had no comment.
"We are deeply disappointed that Tigran Gambaryan, who has no decision-making power in the company, continues to be detained," a Binance spokesperson said in a statement on Friday after the court hearing.

"These charges against him are completely meritless. He should be freed while discussions continue between Binance and Nigerian government officials."

Gambaryan remains in custody while Anjarwalla fled the country in March. Nigeria's security adviser's office has said it is working with Interpol to seek Anjarwalla's arrest.

The CEO of Binance has accused Nigeria of setting a dangerous precedent after its executives were invited to the African country in February for talks with authorities and then detained as part of a crackdown on crypto.

Binance itself has not been charged in the tax evasion case by Nigeria's Federal Inland Revenue Service (FIRS), which has said Gambaryan could face the charges on the exchange's behalf.

Gambaryan's lawyer has previously said Gambaryan was "neither a director, partner nor company secretary" and had no written instructions from Binance to face the charges on its behalf.

Judge Emeka Nwite ruled on Friday that Gambaryan should be served with the charges against Binance because he is the chief financial compliance officer of Binance and he was duly appointed to represent it in a meeting in Nigeria. 

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Blue Chip Scam: What to Do When Faced with Financial Fraud Cases in the UAE?

Recently, a number of UAE investors received a shock when the Blue Chip Group, a company they trusted, abruptly stopped returning their investments.

The office where they once went for inquiries is now empty, and the owner and staff are nowhere to be found. With millions of dollars at stake, investors are deeply concerned about recovering their money. Even Bollywood actor Sonu Sood, who had appeared at one of their events, has clarified that he is not involved with the company.

This confusing situation leaves investors feeling helpless. In cases like the one involving the Blue Chip Group, where investors are distressed due to alleged financial misconduct, understanding the legal aspects becomes essential. The UAE has stringent laws to combat financial fraud and protect investors' interests.

Firstly, it's crucial to note that financial activities in the UAE require proper licensing and approval from regulatory authorities such as the Securities and Commodities Authority (SCA).

Any entity engaging in financial activities without such authorization violates UAE laws. In the case of the Blue Chip Group, the absence of licensing raises significant legal concerns and may indicate potential fraudulent practices.

Investors need to document all relevant evidence, including communication with the company, financial transactions and any contractual agreements. This documentation will be vital in supporting their claims and seeking redress through legal channels.

Furthermore, investors should consider alternative dispute resolution mechanisms, such as mediation or arbitration, to resolve conflicts efficiently and cost-effectively. These methods may offer a quicker resolution compared to traditional litigation and can help mitigate the financial and emotional burden on affected investors.

Investors affected by such incidents should promptly seek legal advice to explore their options. They may consider filing complaints with relevant authorities and initiating legal proceedings to recover their investments.

Legal experts can guide investors through the complex process of navigating regulatory frameworks and pursuing civil claims against the responsible parties.

Additionally, laws related to financial fraud in the UAE impose severe penalties on individuals and entities found guilty of fraudulent activities.

These penalties may include hefty fines, imprisonment, and other punitive measures. By holding perpetrators accountable under the law, the UAE aims to deter future instances of financial misconduct and safeguard the integrity of its financial system.

In conclusion, while cases of financial fraud like the one involving the Blue Chip Group are distressing for investors, the UAE's robust legal framework offers avenues for recourse and justice.

By seeking legal guidance and taking proactive steps to assert their rights, investors can navigate these challenging situations and pursue legal action. 

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UAE Dismisses Claims of 'Dubai Unlocked' Report, Affirms Commitment to Pursuing Global Criminals

The UAE is deeply committed to safeguarding the integrity of the global financial system, a responsibility it takes extremely seriously.

Recently, it garnered recognition from an international body dedicated to combating money laundering.

Highlighting this commitment, a UAE official dismissed a recent report alleging that the country has provided sanctuary to some of the world’s most wanted criminals, attributing this claim in part to the secrecy of its real estate sector.

The official emphasised the UAE's significant strides in pursuing global criminals, citing praise from the Financial Action Task Force (FATF) earlier this year for its substantial progress.

Experts in banking and finance hailed the UAE's removal from the FATF's grey list, lauding it as a testament to the country's dedication to combating financial crime and sanctions evasion, which greatly bolsters its financial system.

Regarding a recent data leak reported by the Organised Crime and Corruption Reporting Project, which identified numerous alleged criminals, individuals under sanctions and politically exposed persons who have owned property in the UAE, the official reiterated the government's unwavering commitment to upholding the integrity of the global financial system.

Stressing the UAE's ongoing efforts in combating illicit finance, the official underscored the nation's collaboration with international partners to disrupt and deter all forms of financial misconduct, promising sustained efforts in the present and the future. 

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Phased Rollout: UAE Banks Set to Launch Jaywan Debit Cards: UBF Chief

 

 All UAE banks will gradually replace over 10 million existing debit cards with Jaywan debit cards over the next two and a half years.

Abdulaziz Al Ghurair, chairman of the UAE Banks Federation (UBF), confirmed that the rollout will be completed in stages to ensure a smooth transition.

"Replacing these cards will take time, but banks have committed to launching Jaywan cards and will stop issuing other branded cards, focusing on Jaywan locally," said Al Ghurair during a media briefing.

Andrew McCormack, chief operating officer at Al Etihad Payments (AEP), stated: "We have an aggressive growth plan for Jaywan, to start issuing debit cards in Q2 2024. The Central Bank of the UAE will mandate all banks to issue Jaywan debit cards to their customers."

Jaywan cards will be co-badged with Mastercard or Visa, enabling extensive global use.

"The Jaywan card will have two badges to accommodate the large segment of UAE residents who travel extensively, extending its reach beyond the UAE, GCC, and India with the help of co-badge partners Mastercard and Visa," McCormack explained.

In the future, Jaywan is expected to be accepted at the GCC level and through country-to-country agreements with nations like China and India.

The card was created by Al Etihad Payments (AEP), a subsidiary of the Central Bank of the UAE, to enhance the country's financial market infrastructure.

In October 2023, AEP partnered with NPCI International Payments Limited (NIPL) of India to develop the UAE’s first national Domestic Card Scheme (DCS).

Jaywan, announced during Indian Prime Minister Narendra Modi's visit to the UAE, uses licensed technology from India's payment operator NPCI.

The card will be issued to UAE residents with bank accounts or those banking with exchange houses and will be usable in India once electronic linkages are established.

According to Global Data, the UAE’s cards and payment market was estimated to be nearly $120 billion (Dh440.4 billion) by the end of 2022, with expectations of high single-digit growth in the coming years.

Jaywan's relationship extends into India and GCC countries, enhancing its domestic and international utility without solely relying on Mastercard or Visa systems.

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TDRA Warns Individuals About Platforms that Promise Big Returns from Minimal Investments

In Dubai, you might have encountered a video on your social media feed or received a call from an unfamiliar number. "Grow your wealth rapidly through online trading," declares the voice on the other end.

Although the advertising and promotion for such platforms can be alluring, the Telecommunications and Digital Government Regulatory Authority (TDRA) in the UAE advises people to be wary of unlicensed platforms.

Through its official social media channels, the TDRA issued a warning regarding fraudulent advertisements that utilise media content and well-known influencers to endorse links promising trading opportunities, often exploiting people's trust.

Sharing a video featuring someone endorsing a trading platform with the pitch: "Invest just Dh300 to earn over Dh3,500 per month," the post informs individuals about how these ads may deceive users.

"Some individuals become victims of fraud, so it's essential to verify any links before registering. You can reach out to official authorities in the country to authenticate trading platforms," the advisory emphasises.

If you're uncertain about dealing with a particular trading platform, the UAE's Securities and Commodities Authority (SCA) offers a straightforward solution. They maintain a webpage listing entities you should avoid investing with, as they operate without the necessary licence, authorisation, or approval from the SCA.

Last year, the SCA launched an awareness campaign to combat unlicensed financial activities in the UAE. During this campaign, the SCA advised individuals seeking to invest to first verify that the company is licensed for the specific investment purpose. This can be confirmed through the SCA's website and other approved official channels.

Similarly, the Dubai Financial Services Authority (DFSA), the independent regulator of financial services in or from the Dubai International Financial Centre (DIFC), provides a dedicated webpage listing alerts issued to warn people of potential scams.

Authorities also caution investors about companies that may impersonate legitimate entities by using their name and logo to defraud people. To avoid falling victim to such scams, the SCA advises investors to verify the identity of the entity they are dealing with before entering into any agreements or financial transactions.

You can also verify if a trading platform is licensed in the UAE by consulting the list of companies licensed by the SCA on their website. Additionally, the list of brokerage firms licensed by the Dubai Financial Market to trade DFM and Nasdaq Dubai listed securities is available on their website.

If you find yourself a victim of online fraud, you can file a complaint through the UAE's eCrime platform or other official online platforms provided by the government.

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Spain Prosecutors Seek To Close Shakira Tax Fraud Case Citing Insufficient Evidence

Spanish prosecutors moved to dismiss a tax fraud case against Shakira just months after opening proceedings against the "Hips Don't Lie" singer over unpaid taxes worth $7 million.

"The Barcelona provincial prosecutor's office for financial crimes has requested that the proceedings against Shakira be closed ... for the 2018 tax year," the prosecutors office said in a statement, pointing to "insufficient evidence".

Prosecutors opened the case in July, accusing the Columbian superstar of using a network of companies, some of them based in tax havens, to cheat the tax office out of 6.6 million euros ($7.09 million) in 2018, including interest and adjustments.

A month later, the so-called Queen of Latin Pop paid 6.6 million euros to settle the debt, her agent told AFP. On November 20, Shakira reached a last-minute settlement with prosecutors on the opening day of her trial over an earlier tax fraud case involving income she earned between 2012 and 2014.

Prosecutors had sought a jail sentence of over eight years for the singer whom they accused of defrauding the tax authorities of 14.5 million euros in a case that centred on how much time she was living in Spain.

Shakira denied the charges, saying she only moved to Spain full time in 2015. By the time the case came to trial, she had already paid 17.45 million euros to settle her outstanding tax debt, prosecutors said at the time.

On the day it opened, the trial -- which had been due to run for three weeks and hear from some 120 witnesses -- was quickly concluded after she agreed to pay a fine of nearly 7.8 million euros to settle the case.

At the time she explained she had settled "with the best interest of my kids at heart" because she needed "to move past the stress and emotional toll of the last several years" and focus on her career.

Now 47, Shakira lives in Miami with her two sons after splitting from Barcelona star defender Gerard Pique. He was himself convicted of tax fraud in 2016 and ordered to pay 2.1 million euros in fines and arrears. Spain's Supreme Court in 2021 annulled his conviction.

Last year, Shakira's superstar Argentine producer Bizarrap won the Latin Grammy for song of the year with a track taking a swipe at Pique -- who has since retired from football -- in which she accuses him of leaving her with a "debt to the tax office".

"People on my team tried to convince me to change the lyrics, but I'm not a UN diplomat. I am an artist and, above all, a woman," Shakira told Spanish celebrity magazine ¡Hola!

Spain has in recent years cracked down on celebrities, including football stars such as Argentina's Lionel Messi and Portugal's Cristiano Ronaldo, for unpaid taxes.
Both players were found guilty of evasion and received prison sentences that were waived for first-time offenders.

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ICICI Bank Enables NRIs to Use Int’l Mobile Number to Make UPI Payments in India

ICICI Bank announced that it has enabled NRI customers to use their international mobile number to make UPI payments instantly in India, thereby significantly enhancing their convenience of making everyday payments.

With this facility, the NRI customers of the bank can make payments for their utility bills, merchant and e-commerce transactions with their international mobile number registered with their NRE/NRO bank account held with ICICI Bank in India.

The Bank has made this service available through its mobile banking app, iMobile Pay. Earlier, NRIs had to register an Indian mobile number with their banks to make UPI payments.

To bring forth this facility, ICICI Bank has leveraged on the international infrastructure laid down by National Payments Corporation of India (NPCI) for convenient usage of UPI across countries.

The bank offers this facility across 10 countries namely USA, UK, UAE, Canada, Singapore, Australia, Hong Kong, Oman, Qatar and Saudi Arabia.

NRI customers of the Bank can make UPI payments by scanning any Indian QR code, sending money to a UPI ID or any Indian mobile number or Indian bank account.

Speaking on the initiative, Sidharatha Mishra, Head – Digital Channels and Partnerships, ICICI Bank said: “We are delighted to partner with NPCI to launch the UPI facility on international mobile number through iMobile Pay.

With this facility, our NRI customers residing in 10 countries do not need to switch to an Indian mobile number to pay using UPI.

This launch reinforces our commitment to provide our NRI customers with innovative solutions, for them to have a safe, secure and hassle-free payment experience.

We are witnessing a positive response from our NRI customers who have started using this facility. With this initiative, we intend to leverage on NPCI’s UPI Infrastructure in strengthening and transforming the digital payments ecosystem globally”.

Below are easy steps to activate UPI facility on international mobile number using iMobile Pay:

Step 1: Log in to iMobile Pay app
Step 2: Click on ‘UPI Payments’
Step 3: Verify Mobile Number
Step 4: Click on Manage –> My Profile
Step 5: Create new UPI ID (select from the suggested options)
Step 6: Select the Account Number -> Submit

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UAE Bankruptcy Law: Company Managers Accountable for Risky Decisions

The UAE's new Bankruptcy Law, effective May 1, 2024, signifies a significant shift in the regulatory landscape, bringing heightened scrutiny to high-risk decisions within companies. Unlike previous regulations where the primary burden fell on company directors, the new law extends potential liability to include senior management figures.

The expansion of liability under the new law encompasses de facto managers and individuals responsible for actual company management. This inclusivity extends to controlling shareholders and is welcomed within the legal community.

Key Points for Creditors

Under the new law, a 'two-year limitation period' from the bankruptcy declaration date allows for liability proceedings against individuals, including board members and senior management. However, these officials may be exempt if they can demonstrate adherence to standard measures or documented objections to pertinent actions.

Previous liabilities under the old law included financial accountability for actions taken up to two years before bankruptcy proceedings. These actions encompassed uncalculated business risks, undervalued transactions, and partiality towards certain creditors to the detriment of others. Exemption from responsibility is possible if individuals prove mitigation efforts or lack of involvement in said actions.

A Standout Reform

The new Bankruptcy Law stands out as a pivotal reform in the UAE's business sector, alongside other initiatives such as 100 per cent foreign ownership, intellectual property rights amendments and arbitration enhancements. Noteworthy is the law's provision for a clear legal roadmap for businesses and stakeholders navigating bankruptcy proceedings.

Determining Liability Payouts

The law stipulates that liability payouts against company directors or de facto managers should correspond to their degree of fault. This nuanced approach considers the impact of management decisions on the company's financial health, encouraging more responsible business practices.

Directors' liability may be triggered by actions such as settling one creditor's debt to the detriment of others or if it's proven that company assets are insufficient to cover at least 20 per cent of debts due to negligent management.

A Shift in Initiation Proceedings

A significant departure from previous requirements is the optional nature of initiating bankruptcy proceedings by the debtor. With increased liability concerns, boards of directors or managers may hesitate to file proceedings independently. The implications of this change await observation, with trends expected to crystallize over time.

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Binance Founder Changpeng Zhao Sentenced to Four Months for Allowing Money Laundering

Changpeng Zhao, founder of the world’s largest cryptocurrency exchange, was sentenced to four months in prison for looking the other way as criminals used the platform to move money connected to child sex abuse, drug trafficking and terrorism.

US District Judge Richard A. Jones credited the founder and former CEO of Binance for taking responsibility for his wrongdoing. Zhao, 47, pleaded guilty in November to one count of failing to maintain an anti-money-laundering program. Binance agreed to pay $4.3 billion to settle related allegations from the US government.

“I failed here,” Zhao told the court on Tuesday. “I deeply regret my failure, and I am sorry.”

But the judge said he was troubled by Zhao’s decision to ignore US banking requirements that would have slowed the company’s explosive growth. “Better to ask for forgiveness than permission,” is what Zhao told his employees about the company’s approach to US law, prosecutors said.

“No person — regardless of wealth — is immune from prosecution or above the laws of the United States,” Jones said.

The sentence, which included a previously agreed-to $50 million fine, was far less than the three years the Justice Department had sought, but defense attorneys had asked that Zhao spend no time in prison.

Zhao is the first person ever sentenced to prison time for such violations of the Bank Secrecy Act, which requires US financial institutions to know who their customers are, to monitor transactions and to file reports of suspicious activity. Prosecutors said no one had ever violated the regulations to the extent Zhao did. If he did not receive time in custody for the offense, no one would, rendering the law toothless, they argued.

“This wasn’t a mistake,” Justice Department lawyer Kevin Mosley told Jones. “When Mr. Zhao violated the BSA he was well aware of the requirements.” For example, Mosley said, Zhao directed the company to disguise customers’ locations in the US in an effort to avoid having to comply with US law.

The Justice Department on Monday sent a letter urging Congress to stiffen penalties in such cases. Violations can allow billions of dollars to flow illicitly through the US financial system, but penalties under the government’s sentencing guidelines are “poorly calibrated to address the severity of the crimes,” the letter said.

Binance allowed more than 1.5 million virtual currency trades, totaling nearly $900 million, that violated US sanctions, including ones involving Hamas’ al-Qassam Brigades, al-Qaeda and Iran, prosecutors have said.

Defense attorneys Mark Bartlett and William Burck told the judge there was no evidence Zhao knew of any specific transaction that would have been barred by US regulations or sanctions.
Also, they argued, Binance transactions that violated US sanctions constituted a miniscule portion for a company that processed trillions of dollars per year. And they noted that Zhao began making changes to improve Binance’s compliance before stepping down.

In a letter to the court, Zhao wrote that there was “no excuse for my failure to establish the necessary compliance controls at Binance.”

“I wish I could change that part of Binance’s story,” he added. “But under my direction, Binance has now implemented the most stringent anti-money laundering controls of any non- US exchange, and those controls have been in place since 2022.”

Zhao, his legal team and family members left after Tuesday’s hearing without speaking to reporters. Zhao will report to serve his sentence at a date yet to be determined.

Scandals, Market Meltdowns

The cryptocurrency industry has been marred by scandals and market meltdowns. Zhao was perhaps best known as the chief rival to Sam Bankman-Fried, the founder of FTX, which was the second-largest crypto exchange before it collapsed in 2022. Bankman-Fried was convicted last November of fraud for stealing at least $10 billion from customers and investors and sentenced to 25 years in prison.

Zhao and Bankman-Fried were originally friendly competitors in the industry, with Binance investing in FTX when Bankman-Fried launched the exchange in 2019. The relationship deteriorated, however, culminating in Zhao announcing that he was selling all of his cryptocurrency investments in FTX in early November 2022. FTX filed for bankruptcy a week later.

More recently, Nigeria has recently sought to try Binance and two of its executives on money laundering and tax evasion charges. The US Justice Department on Tuesday charged early bitcoin investor Roger Ver, known as “bitcoin Jesus” for his avid promotion of the currency, with evading $50 million in taxes.

The judge described Zhao’s life story as remarkable: He grew up in rural China and his family immigrated to Canada following the 1989 Tiananmen Square massacre. He worked at a McDonald’s beginning at age 14 and eventually became enamoured of the tech industry while in college.

He founded Binance in 2017, motivated at least in part by a desire to help people in underdeveloped countries access reliable banking. The company made him a crypto celebrity and a billionaire many times over; he announced in 2021 that he intends to give away nearly all of his fortune.

Zhao’s philanthropic interests include funding free online education programmes for children across the globe and work by small research labs to cure diseases. Zhao’s attorneys pointed to his willingness to leave the United Arab Emirates, where he and his family live, to enter his guilty plea in the US, even though the two countries don’t have an extradition treaty.

They also argued that he would not be safe in prison. Because he is not a US citizen, he is ineligible for placement in a minimum security facility. Given his status and wealth, as well as Binance’s cooperation with US law enforcement in certain investigations, he might be a target for violence in a medium security prison, they suggested.

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Dubai FinTech Summit Returns for Second Edition Amid Surging Global FinTech Funding

Dubai takes centre stage once again as it prepares to host the second edition of the Dubai FinTech Summit on May 6-7 at Madinat Jumeirah.

Under the esteemed patronage of His Highness Sheikh Maktoum bin Mohammed bin Rashid Al Maktoum, Deputy Ruler of Dubai, Deputy Prime Minister and Minister of Finance of the UAE, and President of DIFC, the summit promises to be a dynamic gathering of industry leaders, innovators and investors.

Organised by the Dubai International Financial Centre (DIFC), the leading global financial hub in the Middle East, Africa and South Asia (MEASA) region, the summit aims to convene 8,000 decision-makers, over 300 thought leaders and more than 200 exhibitors.

Together, they will delve into the latest innovations, challenges, and cutting-edge technologies shaping the FinTech landscape. The global FinTech sector is experiencing exponential growth, projected to reach a valuation of $608 billion by 2029, as stated by Mordor Intelligence.

In contrast, the MENA FinTech market is defying global trends, expected to register a Compound Annual Growth Rate (CAGR) of over eight per cent from 2024 to 2029.

The Dubai FinTech Summit offers a pivotal platform for startups, investors and industry leaders to tap into the burgeoning FinTech market both regionally and globally. With over 800 FinTech startups worth $15.5 billion in the MENA region, according to data from dealroom. co, the potential for growth and collaboration is substantial.

Reflecting the ongoing transformation in the financial sector driven by innovation, inclusion and impact, the key themes of this year's summit will include ‘Finance Renaissance, Ecofinance and Impact, Investment Vanguard, Regulatory Frameworks, Global Financial Dynamics and FinTech 2.0’.
Mohammad Alblooshi, CEO at DIFC Innovation Hub, emphasised the importance of gathering stakeholders to address the challenges and opportunities ahead. He stated: "Nearly 60 per cent of all FinTech companies in the GCC are currently based in Dubai.

With the industry growing at an unprecedented rate, it is crucial for stakeholders to gather and discuss the challenges and opportunities that lie ahead."

The Dubai FinTech Summit boasts an impressive lineup of distinguished local and international speakers, who will engage in panel discussions and fireside chats. Notable attendees include Abdullah bin Touq Al Marri, Cabinet Member and UAE Minister of Economy; Adena T. Friedman, Chair & CEO of Nasdaq Inc; and many other esteemed industry leaders.

A key highlight of the Dubai FinTech Summit will be the Grand Finale of the FinTech World Cup (FWC), where winners stand to secure investments of up to $1 million. This competition, initiated by DFS, aims to foster cross-border collaboration and innovation, crucial for propelling the global FinTech sector forward.

Aligned with the D33 Agenda to position Dubai as the top four global financial hub by 2033, the second edition of the Dubai FinTech Summit is poised to encourage cross-border collaboration and innovation, driving progress in the MEASA region.

The inaugural Dubai FinTech Summit drew over 5,000 C-suite leaders from over 90 countries, including north of 1,000 investors and more than 150 speakers.

The event also saw the signing of over 20 memorandum of understandings with global financial leaders, reflecting its significant impact and influence within the industry.

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Abu Dhabi Investment Office, AD Mobility Unveil UAE’s First Operational Vertiport

Abu Dhabi Investment Office (ADIO), in collaboration with the UAE’s General Civil Aviation Authority (GCAA) and Abu Dhabi Mobility (AD Mobility), an affiliate of the Department of Municipalities and Transport – Abu Dhabi (DMT), has unveiled the inaugural vertiport for vertical take-off and landing aircraft (eVTOLs) in the United Arab Emirates.

The unveiling took place at DRIFTx, an international event showcasing smart, autonomous and sustainable urban mobility across air, land and sea.

Constructed in accordance with the latest industry standards and regulations set by the UAE’s General Civil Aviation Authority (GCAA), the temporary vertiport facility offers a preview of Abu Dhabi’s ambitious vision to lead the world in advanced electric vertical take-off and landing aircraft (eVTOLs) by 2026.

AD Mobility will oversee the regulation of this cutting-edge air mobility sector in Abu Dhabi in collaboration with the UAE’s GCAA.

Saif Mohammed Al Suwaidi, director-general of the General Civil Aviation Authority, emphasised the significance of collaboration in fostering innovation while ensuring safety and regulatory compliance within the dynamic field of advanced air mobility.

He highlighted events like DRIFTx as essential catalysts for advancing the development of this sector in Abu Dhabi and the wider UAE.

The establishment of the world's first national regulation on vertiports by the UAE's GCAA last year laid a solid foundation for advanced air mobility in the country, guaranteeing the presence of secure and suitable infrastructure to accommodate eVTOL aircraft.

This comprehensive regulation encompasses design, operations and certification standards for vertiports on both land and sea, reflecting a commitment to innovation while prioritising safety and regulatory adherence in aviation.

Abdulla Al Marzouqi, director-general of Abu Dhabi Mobility (AD Mobility), revealed plans for vertiport installations in strategic locations across Abu Dhabi, including major business centres and tourist destinations.

Once operational, the vertiport network will serve as a vital component of Abu Dhabi’s SAVI cluster, centred in Masdar City, offering advanced facilities and support services within a regulatory framework conducive to the development of innovative technologies across various mobility sectors.

Badr Al-Olama, director-general of ADIO, emphasised the transformative impact of Abu Dhabi's vertiport network on transportation innovation and the future of mobility.

The partnership between ADIO and AD Mobility will play a central role in establishing robust infrastructure to integrate smart and autonomous vehicles into daily life, driving progress towards a more connected and efficient future while unlocking significant commercial opportunities and fostering economic development alongside technological advancement.

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FTA Urges Resident Corporations to File Corporate Tax Applications by May 31

The Federal Tax Authority (FTA) has urged resident companies that obtained licences in January or February to submit their Corporate Tax applications by May 31, 2024, to avoid breaching tax regulations.

In a press release, the FTA emphasised the importance of adhering to the timelines outlined in FTA Decision No. 3 of 2024, effective from March 1, 2024.

Failure to meet the specified deadlines could result in administrative penalties, as per Cabinet Decision No. 10 of 2024.

Administrative penalties will be enforced on companies failing to comply with the requirement of filing Corporate

Tax registration applications within the designated deadlines for each category of corporate taxable entities. The decision delineates specific deadlines for both legal entities and individuals, whether residents or non-residents.

The FTA has called upon all stakeholders involved in implementing the Corporate Tax Law to familiarise themselves with the legislation, relevant guides available on the FTA’s website and associated decisions, accessible via the following link.

Emphasising the accessibility of Corporate Tax registration through the EmaraTax digital platform at all times, the FTA highlighted that the registration process entails four simple steps, taking approximately 30 minutes.

For added convenience, entities already registered for Value Added Tax (VAT) or Excise Tax can utilise their accounts on EmaraTax to complete the Corporate Tax registration process and submit the necessary documents.

Upon approval of the registration request, applicants will receive a Tax Registration Number (TRN) for Corporate Tax purposes.

The FTA stressed that unregistered entities subject to Corporate Tax must create a new user profile. New users can access the EmaraTax platform via the FTA’s e-Services portal at e-Services Portal, where they can establish an account using their email address and phone number.

Subsequently, they can proceed with registration by providing taxpayer identification and selecting the "Corporate Tax registration" option to complete the process seamlessly.

Furthermore, the FTA facilitates Corporate Tax registration requests through various Government Service Centres across the UAE, staffed by trained specialists offering electronic services adhering to government standards to ensure quality service delivery.

Upon completion of the application processes and verification of the electronically entered data at the service center, FTA officers will review the applications.

Successful applicants will receive their Tax Registration Number (TRN) via the email address provided during the Corporate Tax registration application submission.

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Binance Gets Full Dubai Licence: What it Means for UAE Cryptocurrency Sector?

Binance FZE, the Dubai arm of world’s largest digital assets exchange Binance, has received its full permit to operate in Dubai following Changpeng Zhao, known as CZ, giving up voting control on the entity.

Bloomberg reported that the licence had been granted and the entity now had its full virtual assets service provider (VASP) licence. The regulator’s website still shows Binance FZE holding a minimum viable product (MVP) operational licence, but that is expected to be updated following the imminent official announcement from Binance.

Bloomberg cited a Bloomberg television interview with Binance CEO Richard Teng confirming that the licence had been received.

What it Means

The VASP licence will allow Binance to provide virtual asset-related services to a broader range of customers. The company previously operated in Dubai under an operational MVP licence, having received that certification in July of last year.

The MVP licence allows firms to provide virtual asset exchange and broker-dealer services to “qualified and institutional investors.” The UAE’s Virtual Assets Regulatory Authority(VARA) classifies a qualified investor as an individual or entity with Dh500,000 ($136,000) in cash and relevant knowledge of virtual assets.

Institutional investors include entities that are regulated by a “competent financial services regulator,” other virtual asset service providers and governments with pertinent knowledge of virtual assets, according to the authority’s website.

With the VASP licence, Binance said it will be able to extend its services to “retail investors,” defined by VARA as entities that are neither qualified nor institutional investors.

Binance will therefore be able to now provide services to individual investors in Dubai who do not meet the aforementioned criteria.

VARA’s website noted on Thursday that Binance is “authorised to serve institutional investors, qualified investors and retail investors.”

Binance joins a growing list of firms to have a VASP licence in Dubai. Bahrain-based competitor CoinMENA received the licence for broker-dealer services last November, while Crypto.com’s licence was finalised earlier this month. Other firms, such as BitOasis, are still working under the operation MVP licence.

Part of UAE’s Diversification Plans

The UAE wants to attract cryptocurrency firms as part of its economic diversification plans and has had some success in this endeavor. VARA awarded 19 VASP licences all in all in 2023, weathering both the cryptocurrency bubble and fallout from FTX’s collapse the year prior.
Competition from other states seeking to be crypto hubs, such as Bermuda, and stricter global regulations could pose challenges for the UAE in the future, according to experts in the field.
Binance has faced significant challenges recently. In November, company founder and former CEO Changpeng Zhao pleaded guilty in a US federal court to breaking anti-money laundering laws. A February sentencing hearing was delayed until later this month.
The UAE’s efforts to combat money laundering have likewise been scrutinised. The country was added to the Financial Action Task Force’s “grey list” of countries not sufficiently fighting money laundering in 2022, but was removed in February.

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UAE Sees Surge in Crypto Adoption Amid Progress in Regulatory Safeguards

 

The UAE is emerging as a leading destination for crypto growth, attracting institutional investors and financial giants.  Crypto giants like Crypto.com, Coinbase, Paxos, Laser Digital, and Circle have established a presence in the country.

The UAE offers a welcoming environment for businesses and investors, which is why the country boasts six regulators issuing crypto licences, providing a clear regulatory framework for operating companies. Dubai Virtual Asset Regulatory Authority and the Abu Dhabi Global Market have introduced regulations to facilitate the operation of decentralised crypto companies and the issuance of digital tokens.

Furthermore, the UAE Central Bank has eased the process for legitimate crypto businesses to open bank accounts, addressing a significant challenge faced by crypto multinationals.

Locally, crypto adoption is growing, with customers using cryptocurrencies for everyday transactions such as dining at restaurants or purchasing groceries through apps like Talabat. Although the business climate seems promising, companies might still encounter obstacles due to stricter regulations and rules.

Let's dive into the details of cryptocurrency regulations in the UAE to make it easier for you to understand.

Key Regulatory Measures

In November 2020, the Securities and Commodities Authority (SCA) issued Decision No. 23 of 2020, which outlines regulations for crypto asset activities. These regulations cover the listing, offering, trading, and issuing of digital assets within the onshore UAE.

The law categorises virtual assets and sets requirements for marketplaces, custodian services, exchanges and crowdfunding platforms, along with related financial services.
The Securities and Commodities Authority (SCA) is the primary regulatory body overseeing this domain, playing a pivotal role in formulating and enforcing regulations.

Recognising the importance of investor protection and market integrity, the SCA has classified certain cryptocurrencies as securities, subjecting them to existing securities laws and regulations.

Providers of crypto assets must be licensed by the SCA and comply with AML/CFT, data protection, and cybersecurity laws. They are only permitted to operate in onshore UAE, Dubai International Financial Centre (DIFC), or Abu Dhabi Global Market (ADGM).

To operate within the UAE, cryptocurrency enterprises must secure a licence from the SCA and comply with activities such as exchanges and wallet services. Moreover, stringent Anti-Money Laundering (AML) and Know Your Customer (KYC) protocols are mandatory to curb illicit activities and ensure robust customer verification processes.

The Role of the Financial Services Regulatory Authority (FSRA)

While not exclusively tailored to cryptocurrencies, the Financial Services Regulatory Authority (FSRA) of Abu Dhabi Global Market (ADGM) has played an important role in crafting a regulatory framework for various fintech endeavors, including cryptocurrencies.

Regulating ICOs and Token Offerings

The UAE imposes regulations on Initial Coin Offerings (ICOs) and token offerings, necessitating approval from the SCA and adherence to securities regulations.

Cryptocurrency AML Regulations in the UAE

In a recent case, a gang in Dubai was convicted for orchestrating a Bitcoin scam worth Dh10 million. The group had targeted over 180 victims across the UAE through a social media advertisement campaign. Each member of the gang was fined over Dh321,000 for illegally obtaining money and conducting virtual assets without proper licensing.

Victims reported being duped out of Dh321,000 after the gang promised to double their investments through a crypto wallet scheme. The UAE has taken proactive steps to regulate money laundering activities in the cryptocurrency market. In November 2020, the Securities and Commodities Authority (SCA) issued Decision No. 23 of 2020, which outlines regulations for crypto asset activities.

These regulations cover the listing, offering, trading, and issuing of digital assets within the onshore UAE. The law categorises virtual assets and sets requirements for marketplaces, ICOs, custodian services, exchanges, and crowdfunding platforms, along with related financial services.

Despite the UAE government's efforts to protect crypto assets from money laundering, criminals continue to exploit technology for illegal activities at a faster rate than technological advancements in the crypto space.

However, UAE regulators are making progress in implementing protective laws, emphasising the importance of identifying red flags promptly to foster growth and innovation in the crypto space, which indicates promising prospects for the future economy.

(The writer is a legal associate at Dubai-based NYK Law Firm)

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Two Anti-graft Groups File Complaint Against Lebanon's Billionaire Prime Minister in France

Two anti-corruption groups have filed a complaint in France against Lebanon's billionaire caretaker premier Najib Mikati and his relatives, seeking an investigation into alleged financial crimes including money laundering.

In a statement issued by his office, Mikati said he had not been formally notified of the complaint and that his family's wealth was acquired transparently and legally. It said the accusations were part of a "media campaign" aimed at "insulting him and his family members".

Forbes lists Mikati and his brother Taha as Lebanon's two richest men, tied for the top with $2.8 billion net worth each. The complaint, dated April 2, was lodged at the National Financial Prosecutor's office in France by anti-corruption groups Sherpa and the Collective of Victims of Fraudulent and Criminal Practices in Lebanon.

The National Financial Prosecutor's office in France said it could not immediately confirm receipt of the complaint, and declined further comment.

The complaint lays out an array of companies and real estate owned by Mikati and relatives in France, or registered in other countries, saying they warrant further inquiry to establish alleged acts of money laundering and receiving stolen goods.

"That's the kind of mechanical consequences of being a billionaire politician - you consider your position to be a kind of shelter against prosecution," William Bourdon, a lawyer for Sherpa, told news agencies.

Bourdon said he expected an investigation to be opened, and that it would also establish links between Mikati and Lebanon's former central bank governor Riad Salameh, whose 30-year legacy at the Banque du Liban (BdL) ended last year in tatters.

France and Germany have issued arrest warrants for Salameh as part of their investigations into him and his brother Raja for allegedly taking hundreds of millions of dollars from Lebanon's central bank, to the detriment of the Lebanese state, and laundering the funds abroad.

The Salameh brothers have denied any kind of wrongdoing. "The complaint particularly draws the attention of the authorities to the financial transfers between the former prime minister, his relatives and the (Central) Bank of Lebanon," a press release issued by Sherpa on Thursday said.

The statement by Mikati's office said he "confirms that what the family owns as a result of the business of its commercial companies that go back many years is characterised by complete transparency and adherence to applicable laws and the highest ethical principles".

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Detained Binance Executive in Nigerian Court over Money Laundering Charges

In an Abuja court on Thursday, one of the two executives from Binance, the world's largest cryptocurrency exchange, who was detained in Nigeria, appeared to face charges of tax evasion and money laundering.

Binance, along with its executives Tigran Gambaryan, a US citizen and Binance's head of financial crime compliance, and Nadeem Anjarwalla, a British-Kenyan regional manager for Africa, are accused of four counts of tax evasion and laundering over $35 million.

The executives were detained on February 26 during a criminal investigation into Binance's Nigerian activities upon their arrival in the country. Anjarwalla fled the country while Gambaryan remained in detention.

During his court appearance, Gambaryan was served with the charges for the first time since his detention and refrained from entering a plea. He is scheduled to be formally arraigned for the money laundering and tax charges on April 8 and 19, respectively.

While Nigeria's Economic and Financial Crimes Commission (EFCC) did not charge Binance directly, it suggested that Gambaryan could represent the exchange in court.

However, Gambaryan's lawyer, Chukwuka Ikuazom, objected, citing Gambaryan's lack of authority within Binance and the absence of written instructions to represent the company.

Ikuazom argued that Gambaryan could not plead until Binance, the primary defendant, had been served, as per Nigerian law. Despite Binance's absence in court and lack of immediate comment, the company stated on Wednesday its request for Gambaryan not to be held responsible, emphasising his non-decision-making role while ongoing discussions with the Nigerian government continue.

Meanwhile, Gambaryan has petitioned a Nigerian court for his release. Nigeria attributed its currency challenges to Binance after cryptocurrency platforms became popular for trading the Nigerian naira amid chronic dollar shortage.

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Attention UAE Investors: Direct Subscription to Foreign Funds No Longer Available

As of April 1, individual investors residing in the UAE will no longer have the option to subscribe directly to foreign funds through their local bank accounts, following new regulatory guidelines.

This change has been communicated by banks across the UAE to their clients. Notably, the new rule applies to subscriptions initiated after April 1, while existing investment commitments remain unaffected, as confirmed by banking sources.

Consequently, 'ordinary investors' in the UAE will no longer have access to foreign funds for subscription. However, 'professional investors' can continue their participation in foreign funds, provided they meet the minimum investment threshold of Dh500,000 per foreign fund.

For ordinary investors, only 'local funds' will be directly accessible through their UAE bank accounts.

'Ordinary' and 'Professional' Investors

'Ordinary investors' are those with funds of up to Dh500,000 available for investment. To qualify as 'professional investors,' individuals must possess assets of no less than Dh75 million (after deducting short- and long-term liabilities) and an annual income of no less than Dh150 million.

These directives have been issued to banks by the UAE's Securities & Commodities Authority, emphasising the importance of mitigating risks associated with investing in foreign funds not licensed in the UAE. Funds lacking local licences lack regulatory oversight, exposing investors to increased risk.

Financial industry insiders note a surge in foreign funds attempting to attract UAE-based investors with promises of market-beating returns.

While UAE residents can still invest in these foreign funds, they must now do so through bank accounts in their home countries.

Retail investors have been instrumental in driving spikes in the UAE stock market over the past two years, fuelled by a flurry of IPOs in Dubai and Abu Dhabi.

According to financial sector analysts, the regulatory change bodes well for UAE capital markets, anticipating increased retail inflows.

This change sets the stage for sustained inflows into local stocks, marking an exciting evolution in the UAE's regulatory landscape.

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Bankman-FRIED!: FTX Fraud Lands Crypto Mogul 25-Year Prison Sentence

Sam Bankman-Fried was sentenced to 25 years in prison by a judge for embezzling £8 billion from customers of the now-bankrupt FTX cryptocurrency exchange he founded, marking the final chapter in the former billionaire wunderkind's dramatic downfall.

US District Judge Lewis Kaplan delivered the sentence at a Manhattan court hearing after dismissing Bankman-Fried's assertion that FTX customers hadn't genuinely lost money and accusing him of dishonesty during his trial testimony.

A jury found Bankman-Fried, 32, guilty on Nov. 2 on seven counts of fraud and conspiracy related to FTX's 2022 collapse, described by prosecutors as one of the most significant financial frauds in US history.

"He was aware it was wrongful," Kaplan remarked of Bankman-Fried before pronouncing the sentence. "He knew it was criminal. He regrets having made a very misguided bet on the likelihood of being caught. However, he refuses to admit any wrongdoing, as is his entitlement."

Bankman-Fried stood with clasped hands as Kaplan read out the sentence. Dressed in a beige short-sleeved jail t-shirt, Bankman-Fried acknowledged during a 20-minute address to the judge that FTX customers had suffered and extended an apology to his former FTX colleagues.

The sentence marked the climax of Bankman-Fried's descent from an ultra-wealthy entrepreneur and significant political donor to the most prominent target yet in a U.S. crackdown on wrongdoing in cryptocurrency markets. Bankman-Fried has pledged to appeal his conviction and sentence.

Kaplan stated he had determined that FTX customers lost £8 billion, FTX's equity investors lost £1.7 billion, and lenders to the Alameda Research hedge fund, which Bankman-Fried founded, lost £1.3 billion.

"The defendant's claim that FTX customers and creditors will be fully reimbursed is misleading, logically flawed, and speculative," Kaplan declared. "A thief who takes his spoils to Las Vegas and successfully gambles the stolen money is not entitled to a sentence reduction by utilising his Las Vegas winnings to repay what he stole."

The judge also accused Bankman-Fried of lying during his trial testimony when he denied knowledge that his hedge fund had utilised customer deposits obtained from FTX.

Federal prosecutors had sought a prison term of 40 to 50 years. Bankman-Fried's defence lawyer, Marc Mukasey, argued that a sentence of fewer than 5-1/4 years would be appropriate.

Addressing the judge, Bankman-Fried said, "Customers have been enduring... I did not mean to downplay that at all. I also believe that's something I have failed to adequately express throughout this process, and for that, I am sorry."

Speaking of his FTX colleagues, Bankman-Fried told the judge, "They invested a lot of themselves in it, and I squandered it all. It haunts me every day."
Three of his former close associates testified as prosecution witnesses at trial, asserting that he had instructed them to use FTX customer funds to cover losses at Alameda Research.

Nicolas Roos, a prosecutor with the U.S. Attorney's office in Manhattan, informed the judge, "The scale of criminality here is immense. It permeated all aspects of the business."

During the hearing, Mukasey attempted to distance his client from notorious fraudsters like Bernie Madoff. "Sam was not a heartless financial serial killer who set out every morning to harm people," Mukasey contended, portraying his client as an "awkward maths enthusiast" who diligently worked to refund customers after FTX's collapse.

"Sam Bankman-Fried doesn't make decisions out of malice," Mukasey added. "He makes decisions based on calculations." Bankman-Fried testified in his own defence, admitting to errors such as failing to implement a risk management team but denying any intent to defraud or steal customers' funds.

He was escorted into the courtroom for the hearing by members of the U.S. Marshals Service. His parents, Stanford University law professors Joseph Bankman and Barbara Fried, were in attendance.

Crypto Boom

A graduate of the Massachusetts Institute of Technology, Bankman-Fried rode the surge in the values of bitcoin and other digital assets to amass a net worth of £26 billion, according to Forbes magazine, before his 30th birthday.

Bankman-Fried became known for his wild mop of curly hair and dedication to a movement known as effective altruism, which encourages talented young individuals to focus on earning money and donating it to deserving causes. He was also one of the most significant contributors to Democratic candidates and political causes in the run-up to the 2022 US midterm elections.

However, prosecutors allege that the responsible persona he projected concealed his embezzlement of customer funds over several years. Several FTX customers have written to Kaplan expressing disappointment that they will be compensated based on the value of their cryptocurrency at the time of FTX's bankruptcy rather than the higher levels at which those assets currently trade.

Bankman-Fried has been held at the Metropolitan Detention Center in Brooklyn since August 2023, when Kaplan revoked his bail after finding evidence of witness tampering on at least two occasions.

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Scamsters Dupe Investors out of Millions of Dirhams by Posing as Leading Broker Equiti

The Securities and Commodities Authority (SCA) in the UAE has issued a cautionary alert to investors regarding an unlicensed entity allegedly posing as the reputable UAE-based global brokerage firm, Equiti.

According to media reports, investors, including notable personalities such as Dubai celebrity Lojain Omran, have been ensnared by this fraudulent scheme.

Lojain Omran

In its advisory released on March 27, the SCA clarified that MRL Investments, operating through the website equiity.com, lacks the necessary licence from the authority and bears no affiliation with Equiti Securities Currencies Brokers LLC (ESCB LLC), which operates under the licensed brand name 'Equiti'.

The SCA underscored that Equiity has no association whatsoever with Equiti, which is authorised by the SCA to conduct trading activities involving derivative contracts and currencies.

Equiti, a reputable global fintech group, recognised even to the extent of having a Dubai metro station named after it, affirmed that it promptly notified the SCA upon uncovering the deceitful activities of Equiity, MRL Investments and a third-party call centre in Sharjah.

Equiti disclosed that entities adopting the deceptive trade name 'EQUIITY' lure deposits via telephone, Equiity.com, or the Equiity app.

According to Equiti, victims reported being contacted by a call centre situated in Sharjah. The company stated in a media report that the Sharjah entity falsely claimed affiliation with Equiti, citing the company's SCA licence and its connection with the Dubai metro station, despite the absence of the licence number on their own website.

Exploiting Equiti's credibility, the scammers persuaded victims to deposit funds through websites or apps associated with the fraudulent scheme.

Equiti has reportedly been collaborating closely with regulatory bodies such as the UAE's SCA and Mauritius' FSC to probe these incidents and uphold the industry's integrity. Additionally, the company is pursuing legal and law enforcement measures against these fraudulent actors and impostors.

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American Express Faces Lawsuit in Rhode Island Federal Court Over Swipe Fees

American Express is facing a proposed class action lawsuit in Rhode Island federal court, which alleges that the company has overcharged several US merchants for credit and debit card fees on consumer transactions.

Filed by 10 retail plaintiffs, including a delicatessen, fine clothier, florist and furniture store, the lawsuit seeks a court order to halt American Express policies that allegedly violate US antitrust laws.

According to the lawsuit, American Express employs "non-discrimination provisions" to prevent merchants from encouraging customers to use payment cards with lower transaction fees, thereby limiting competition. American

Express and the plaintiffs' attorneys have not yet commented on the lawsuit. The merchants' allegations echo similar claims made against Visa and Mastercard regarding swipe fees in a coordinated legal proceeding in Brooklyn federal court.

While Visa and Mastercard abandoned their rules prohibiting merchants from steering customers towards lower-cost payment methods by the end of 2013, American Express's policies allegedly persist.

The lawsuit asserts that American Express's rules exclusively prohibit US merchants from utilising discounts, surcharges, verbal prompting, signage and other techniques to incentivise customers to use cheaper payment cards.

Furthermore, the presence of binding arbitration clauses between American Express and merchants has reportedly impeded efforts to address the plaintiffs' claims.

Initially, the 5,155 merchants involved in the lawsuit pursued individual claims through arbitration. However, American Express declined to cover a $16 million arbitration invoice, resulting in the cases being administratively closed.

The merchants argue that American Express's default in the arbitration proceedings precludes it from preventing them from pursuing their claims in US court.

According to the lawsuit, credit card swipe fees significantly diminish the earnings of many small business owners, consuming approximately half of their monthly profits.

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Tax Registration Number is Mandatory If Your Revenue is Above Dh375,000

The United Arab Emirates (UAE) is renowned for its progressive policies and business-friendly environment. To streamline operations within the country, the UAE government has implemented the Tax Registration Number (TRN) system.

This system provides a unique identification number for businesses and individuals in the UAE, specifically for tax-related matters. Whether you're a resident, a business owner, or a visitor, understanding how to obtain a TRN number in the UAE. 

This article simplifies everything, from explaining recent updates and implications to helping you apply for a TRN. Let's start clearing up any questions you may have about TRNs in the UAE.

Understanding TRN in the UAE

The Tax Registration Number (TRN) is a distinctive 15-digit identifier designated for businesses and individuals in the UAE for taxation purposes.

It is essential for various financial and business transactions, including Value Added Tax (VAT) processing and tax return filings. TRN is a fundamental requirement for businesses operating in the UAE.

Changes in the TRN Number System

The new TRN system brings about several notable changes to simplify tax-related procedures and increase transparency. The key changes include:

Unified System: The new TRN system aims to unify tax registration across all Emirates, replacing the previous separate registration processes for each Emirate.
Format: TRN numbers under the new system are structured differently, with a unique identification code assigned to each entity or individual taxpayer.
Centralisation: The new system centralises tax registration and management, allowing for easier access to taxpayer information and facilitating more efficient tax administration.

Implications of the New TRN System

The introduction of the new TRN system carries several implications for businesses and individuals in the UAE:

Compliance Requirements: Entities and individuals must ensure timely registration under the new TRN system to remain compliant with UAE tax regulations.
Data Accuracy: Accuracy in providing information during the TRN registration process is crucial to avoid discrepancies and potential penalties.
Integration with Tax Processes: The new system is expected to integrate with various tax processes, including filing returns and payment of taxes, leading to smoother operations and reduced administrative burdens.

Eligibility for TRN in the UAE

The UAE's Federal Tax Authority (FTA) has set a revenue threshold of Dh375,000. If your revenue falls below this threshold, you are not obligated to register for VAT and obtain a TRN.

Documents Required for TRN

To obtain a TRN in the UAE, specific documents need to be submitted. These typically include legal identification documents, trade licences and other relevant business paperwork. Requirements may vary based on your business activities. 

  • Steps to Apply for a TRN Number in UAE
  • Visit https://eservices.tax.gov.ae and select the Sign-up option.
  • Fill out the sign-up form for the TRN number.
  • Verify your registered email address via the auto-email sent.
  • Log in to your e-service account.
  • Click on Register for VAT in your dashboard and proceed through the Getting Started Guide.
  • Complete the online form comprising 8 sections, ensuring to provide accurate details.
  • Review and apply for approval.

Application Processing Time

It takes approximately 20 business days from the date the completed application was received by the FTA. However, if additional information is needed, the FTA may require more time to process the application.

In such cases, applicants must provide the necessary additional information and resubmit the application.

Verifying Your TRN Number

Verifying your TRN number is crucial to ensure its accuracy and legitimacy. This can be easily done through official UAE government websites or by contacting the Federal Tax Authority (FTA). Verifying your TRN helps prevent issues stemming from incorrect or invalid numbers.

Next Steps After Receiving TRN for Your Company

Upon receiving your Tax Registration Number (TRN) in the UAE, it's crucial to streamline your VAT compliance by:

Updating Tax Invoices: Ensure your invoices comply with FTA's format, including the TRN and other mandatory details.
Updating Records: Incorporate relevant VAT modules into your records to accurately document transactions.
Maintaining Accurate Bookkeeping: Keep meticulous financial records for tax filing and potential VAT refund claims

Checking TRN Number Validity

TRN numbers are subject to validity periods and may require renewal. Regularly checking the validity of your TRN is essential to avoid disruptions in business operations. Promptly renew your TRN if it has expired.

Linking Tax Registration Number with Customs Registration Number (TRN - CRN Linkage):

Option One: Update your customs registration number on your registration profile with the Federal Tax Authority (FTA) by logging onto the FTA’s e-Services portal. Multiple customs registration numbers can be provided by selecting the Edit option and adding the details.
Option Two: Provide the customs department office with your TRN.
The customs department officer can verify the TRN by logging onto the e-Services portal or by visiting the
FTA website and by using the feature of TRN verification.

Once the customs department office verifies the TRN ownership, the customs department can update your TRN on the customs department system.

Can You Operate in the UAE Without a TRN?

Yes, it is possible to operate in the UAE without a Tax Registration Number (TRN) under certain circumstances. The UAE's Federal Tax Authority (FTA) has set a revenue threshold of Dh375,000.

If your revenue falls below this threshold, you are not obligated to register for VAT and obtain a TRN. However, once your revenue exceeds this threshold, VAT registration becomes mandatory, and you will need to apply for a TRN accordingly.

It's essential to keep track of your revenue and comply with VAT regulations as per the FTA guidelines to avoid any penalties or legal complications.

VAT De-registration

VAT deregistration in UAE allows a taxable person or a business to cancel their VAT registration and suspend their Tax Registration Number (TRN). FTA VAT Deregistration is an online process.

Who Must De-register for UAE VAT?

A business or individual registered under the Federal Tax Authority (FTA) must apply for VAT deregistration under the following circumstances:

If the business or individual stops making taxable supplies and does not expect to make any taxable supplies over the next 12-month period.

If the business or individual is still making taxable supplies, but the value in the preceding 12 calendar months is less than the Voluntary Registration Threshold (Dh187,500).

If the business or individual is still making taxable supplies, but the value in the previous 12 months was less than the Mandatory Registration Threshold (Dh375,000) and 12 months have passed since the date of registration (if registered voluntarily).

Please note that a person who has voluntarily registered under VAT cannot apply for deregistration in the 12 months following the date of registration. Late VAT deregistration penalties amount to Dh10,000.

Steps for FTA VAT De-registration

  • Log in to your FTA VAT portal.
  • Navigate to the dashboard and locate the VAT registration section.
  • Click on the 'De-Register' button next to the VAT registration.
  • Your taxable person details will be pre-populated in the deregistration application.
  • Choose the reason for VAT deregistration from the provided options.
  • Specify the effective date from which the Taxable Person is required or eligible to deregister.
  • Upload all relevant supporting documents by clicking on 'Choose Files'.
  • Review and confirm the authorised signatory and declaration section of the application form before submission.

The implementation of the new TRN system in the UAE signifies a significant step towards modernising tax administration and enhancing regulatory efficiency.

Understanding the changes, implications, and application process is essential for all entities and individuals operating within the UAE to navigate the transition smoothly and maintain compliance with tax regulations.

By staying informed and proactive, businesses and individuals can adapt to the new system effectively and ensure seamless operations in the UAE's evolving tax landscape.

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MoF Launches Digital Public Consultation on Implementation of Global Minimum Tax in UAE

The UAE Ministry of Finance (MoF) announced the commencement of a digital public consultation aimed at gathering feedback from relevant stakeholders regarding the implementation of the Global Minimum Tax (GMT) or Global Anti-Base Erosion Model Rules (Pillar Two) (GloBE Rules), as well as other tax-related matters in the UAE.

The consultation period will run from March 15, 2024 to April 10, 2024, and interested parties can participate through the ministry’s website or the UAE Government Portal.

This digital public consultation underscores the ministry's commitment to engaging with all stakeholders, including multinational groups operating within the UAE, advisors, service providers, and investors.

The consultation process comprises two main components. Firstly, stakeholders will be invited to provide input on potential policy design options for the implementation of the GloBE Rules in the UAE, with a focus on the development of a domestic minimum tax.

The Organisation for Economic Co-operation and Development (OECD) has released the GloBE Model Rules, serving as a template for jurisdictions interested in adopting qualified rules.

Secondly, stakeholders' perspectives will be sought on the introduction of substance-based incentives within the UAE, which would be integrated into the UAE Corporate Tax regime.

To facilitate stakeholders' understanding of the rules and ensure well-informed feedback, the ministry has issued a briefing document on the Global Minimum Tax alongside the consultation materials.

The UAE Ministry of Finance encourages stakeholders to provide clear and concise comments, supported by examples, data, or other pertinent information. Responses must be submitted by April 10, 2024, via the ministry's website. All responses will be treated as confidential and will not be made public.

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Man Who Claimed he Invented Bitcoin is not ‘Satoshi Nakamoto,’ UK Judge Rules

A judge at London’s High Court ruled on Thursday that Craig Wright, an Australian computer scientist who asserts he created bitcoin, is not “Satoshi Nakamoto,” the pseudonymous inventor of the cryptocurrency.

Wright has long maintained authorship of a 2008 white paper, the foundational text of bitcoin, published under a pseudonym.
The Crypto Open Patent Alliance (COPA) brought Wright to court to prevent him from suing
bitcoin developers, asking for a ruling that Wright was not Satoshi.

Judge James Mellor concluded that the evidence disproving Wright’s claim to being Satoshi was substantial. “Dr Wright is not the author of the Bitcoin white paper... Dr Wright did not operate under the pseudonym Satoshi Nakamoto during the period of 2008 to 2011,” he stated.

COPA, whose members include Twitter founder Jack Dorsey’s payments firm Block, hailed the ruling as a victory for developers, the open-source community, and truth.

A COPA spokesperson emphasised that Wright and his supporters had propagated falsehoods about his identity for over eight years to intimidate bitcoin developers, and this ruling exposed the truth.

Wright’s spokesperson declined to comment at this time. Allegations of perjury were levelled against Wright by COPA, who claimed he repeatedly forged documents, including during the trial itself, an accusation Wright denied during his testimony.

COPA’s lawyer accused Wright of fabricating evidence on a large scale, even employing ChatGPT forgeries.

Wright’s legal team argued that he provided substantial evidence proving his authorship of the white paper and creation of bitcoin.

COPA’s lawyers requested Judge Mellor to refer the case to Britain’s Crown Prosecution Service for potential prosecution on charges of perjury and obstructing justice, though Mellor did not indicate whether he would do so.

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Crypto Mania Continues to Sweep, Bitcoin Briefly Rises to Record High Over $70,000

Bitcoin briefly rose to a record high on Friday in volatile trading, as crypto mania continued to sweep through the investment community.

The leading cryptocurrency topped the $70,000 mark for the first time, boosted by investor demand for new US spot exchange-traded crypto products and expectations for global interest rates to fall. It rose to as high as $70,105 before quickly dropping, and was last trading at $68,317.72.

Billions of dollars have flowed into ETFs in the past few weeks, and the market is getting extra support from an outlook that includes an upgrade to the ethereum blockchain platform, home to the second-largest cryptocurrency ether , and a bitcoin "halving" event, which slows the flow of bitcoin minting, in April.

Still, some say it's hard to shake off the speculative nature of these assets. After hitting a record high on Tuesday, bitcoin sharply reversed course and fell more than 10 per cent back below the $60,000 level.

"Navigating old highs is notoriously tricky and the bitcoin dam doesn’t tend to burst at the first time of asking," Reuters said, quoting Antoni Trenchev, co-founder of crypto lending platform Nexo. "Volatility defines bitcoin bull markets, and 2024 will be littered with sudden and gut-wrenching 10 per cent -20 per cent plunges."

The approval of 11 spot bitcoin ETFs by the U.S. Securities and Exchange Commission in late January marked a watershed moment for the industry, following an 18-month-long crypto winter plagued by a string of high-profile corporate bankruptcies and scandals.

Even institutional investors, who once shunned crypto due to its sharp, wild moves, have begun committing long-term money, which analysts say could help sustain the latest leg of this rally.

Net flows into the 10 largest US spot bitcoin funds reached $2.2 billion in the week ended March 1, with more than $2 billion of that going into BlackRock's iShares Bitcoin Trust, opens new tab, according to London Stock Exchange Group (LSEG) data.

The recent optimism over bitcoin has also spilled over to other digital tokens, particularly ether, which ranks second behind bitcoin in terms of total market value, up more than 60 per cent since the start of the year.

Ether was last up 1.62 per cent at $3,939.84. Crypto stocks were also up on Friday, with shares of Coinbase, opens new tab last higher at 8.2 per cent, and crypto miners Riot Platforms, opens new tab and Marathon Digital, opens new tab up 5.1 per cent and 9.6 per cent, respectively.

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H.H Sheikh Mohammed Introduces a New 20% Annual Tax for Foreign Banks Operating in Dubai

His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice-President and Prime Minister of the UAE, has issued Law No. (1) of 2024 concerning the taxation of foreign banks operating in Dubai.

The law applies to all foreign banks operating in Dubai, including those within special development zones and free zones, except for foreign banks licensed to operate in the Dubai International Financial Centre (DIFC).

Under the new legislation, foreign banks are liable to a 20 per cent tax on their annual taxable income. However, if these banks already pay corporate tax in accordance with Federal Law No. (47) of 2022 on the Taxation of Corporations and Businesses and its subsequent amendments, the corporate tax amount will be deducted from their overall tax liability.

The law delineates the principles guiding the calculation of taxable income, tax filing and payment procedures, protocols for tax filing audits, voluntary disclosures as well as the responsibilities and procedures associated with tax audits.

Moreover, the law elucidates the rights of foreign banks and their branches authorised by the Central Bank of the UAE. It establishes the protocol for communicating the outcomes of tax audits and permits the taxable entity to raise objections with Dubai’s Department of Finance regarding the tax amount or fines imposed on them, subject to certain conditions as stipulated in the law.

According to the law, the Chairman of The Executive Council of Dubai will issue a decision on actions considered violations of this law and the penalties imposed for such violations. The cumulative penalties levied must not exceed Dh500,000, and for repeat violations within two years, the fine will be doubled up to a maximum of Dh1 million.
The new law will be applicable to the tax year commencing after its enactment. The Director-General of the Department of Finance will also issue the requisite decisions to execute the provisions of this law, which will be promulgated in the Official Gazette.

Moreover, this new legislation revokes Regulation No. (2) of 1996 or any other conflicting regulations. Decisions and memoranda issued to execute Regulation No. (2) of 1996 will remain valid until new decisions are issued to replace it.

Law No. (1) of 2024 on the taxation of foreign banks operating in Dubai becomes effective from the date of its publication in the Official Gazette.

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AMLCTF Executive Office and Dubai Police Join Hands to Combat Financial Crimes

In a significant move towards bolstering the nation's capabilities in investigating financial crimes, the UAE Executive Office of Anti-Money Laundering and Counter-Terrorism Financing (EO AMLCTF) and Dubai Police have inked a memorandum of understanding (MOU) to strengthen collaborative efforts in combatting financial crimes.

The official signing ceremony took place on the sidelines of the third edition of the World Police Summit, held from March 5 to 7 at the World Trade Centre in Dubai.

The MoU, signed by Hamid AlZaabi, Director-General of the EO AMLCTF, and Expert Major General Khalil Ibrahim Al Mansouri, Assistant Commander-in-Chief for Criminal Investigation Affairs at Dubai Police, signifies a deep commitment to joint endeavours by both organisations in countering money laundering and financial crimes.

Hamid AlZaabi emphasised that the agreement would significantly enhance the UAE's capabilities in investigating and combating financial crimes. "Law enforcement agencies serve as a vital pillar in the fight against financial crimes, leading investigations into suspected illicit activities and working closely with prosecutors to secure convictions.

In recent years, several high-profile arrests related to financial crimes have been made by law enforcement agencies, reflecting substantial efforts to foster a secure national economy. The activities outlined in this MOU will strengthen these capabilities, sending a clear message to criminals that their illicit actions will not be tolerated within the UAE's borders,” he noted.

Khalil Ibrahim Al Mansouri said that the MoU is part of Dubai Police's collaborative efforts with relevant entities to enhance the means of combating financial crimes. "Under the wise leadership's directives, joint efforts have achieved significant success, recently leading to the United Arab Emirates being removed from the FATF (Financial Action Task Force) grey list. Today, through our collaborative efforts, we continue to develop tools and resources that align with the strategic objectives between the parties and contribute to establishing effective mechanisms to decisively confront financial crimes."

Through the MoU, the EO AMLCTF and Dubai Police reiterate their shared commitment to enhancing cooperation in exchanging information and specialised studies, conducting joint awareness campaigns and launching academic programmes, training courses and workshops to cultivate and bolster specialised competencies in the field. They will also collaborate on developing strategies and technological solutions to address the evolving challenges posed by these types of crimes.

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Oman Launches First Government-owned, Dedicated Corporate Investment Bank

Following licensing by the Central Bank of Oman and the Capital Market Authority, the Sultanate of Oman has launched the government-owned Oman Investment Bank SAOC as the country’s first dedicated corporate investment bank.

Headquartered at Dana House in Muscat’s Al Khuwair district, Oman Investment Bank was established to support the strategic goals and ambitions of the Sultanate of Oman and wholesale corporate and investor clients regionally and across Oman Investment Bank’s target markets.

The bank will provide a spectrum of financial services, spanning from corporate finance advisory to the enhancement of domestic and regional securities markets.

In the lead-up to the bank’s launch, His Excellency Abdulsalam bin Mohammed Al Murshidi, Chairman of Oman Investment Bank, said that the bank is now poised to play a vital role in supporting the Omani Government’s implementation of the Oman Vision 2040 strategy, which prioritises the development of a more agile, diversified, sustainable, and competitive economy.

He added that with the launch of the bank, the Sultanate now possesses most of the tools required to encourage investment in projects being developed in Oman.

The launch of Oman Investment Bank follows the establishment of Oman Future Fund, which was launched earlier this year.
With a vision to grow over the coming years, the bank’s focus will include the provision of a full suite of strategic advisory and capital markets products to listed and unlisted corporates in Oman, in the broader GCC region, and internationally.

Key business sectors will include Energy & Power, Industrials & Minerals, Consumer & Agriculture, Financial & Asset Management, and Real Estate, Infrastructure & Technology/Media/Telecommunications and any other strategic sectors targeted by the Sultanate.

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Bitcoin Surges Past $68,000, May Hit Record High as Money Keeps Rushing In

Bitcoin surged to a two-year high on Tuesday, surpassing $68,600 and closely approaching its all-time peak as investment pours into the leading cryptocurrency.

This year, Bitcoin has seen a 50 per cent increase, with a significant portion of the surge occurring in recent weeks, coinciding with a surge in investments into US-listed bitcoin funds.

During Asian trading hours on Tuesday, Bitcoin hovered around $68,500, reaching a session high of $68,828, just shy of its all-time high of $68,999.99 set in November 2021.

The approval of spot bitcoin exchange-traded funds earlier this year in the United States paved the way for new institutional investors, reigniting excitement and momentum similar to the surge seen in 2021.

"It's crypto mania 4.0, and I think if we continue to see fairly low bond and rate volatility, it could keep going. There's definitely something of an irrational behavior creeping into the market," Kyle Rodda, senior markets analyst at Capital.com, was quoted as saying by Reuters.

According to London Stock Exchange Group (LSEG) data, net inflows into the top 10 US spot bitcoin funds totalled $2.17 billion in the week ending March 1, with more than half of that directed towards BlackRock's iShares Bitcoin Trust.

"The appetite to gain exposure to Bitcoin is reaching insatiable levels. While Bitcoin may be overbought in the short term, the upward momentum is far from over, and declines will likely be well supported, with a move towards $80,000 not out of the question," Tony Sycamore, a market analyst at IG, told Reuters.

This rally coincides with record-breaking performances on stock indexes such as Japan's Nikkei, the S&P 500, and the tech-heavy Nasdaq, along with decreasing volatility indicators in equities and foreign exchange markets.

Ethereum, Bitcoin's smaller counterpart, has also seen significant gains amid speculation surrounding the potential approval of exchange-traded funds. Ethereum is up over 50 per cent for the year, currently trading at $3,649.

On Monday, a regulatory filing revealed that the US Securities and Exchange Commission has further delayed its decision on an application by asset manager BlackRock for a spot ethereum exchange-traded fund.

Additionally, Tether, a cryptocurrency company, announced that the number of dollar-pegged stablecoins issued by Tether has surpassed $100 billion. Tether issues stablecoins designed to maintain a constant value of $1.

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New UAE Bankruptcy Law on the Anvil: Key Insights for Businesses, Individuals

Major changes await the UAE's financial landscape as the new Bankruptcy Law is slated to become effective on May 1, 2024. Published in the Official Gazette six months ago, this law grants businesses and individuals operating in the UAE a transition period to align with the changes and ensure compliance.

While replacing the Prior Law, it introduces enhancements aimed at bolstering the nation's bankruptcy framework and fostering a dynamic economic environment.

Key Features of the New Bankruptcy Law

Scope and Definitions: The new Bankruptcy Law  retains a broad scope, encompassing companies governed by the UAE Commercial Companies Law, individual traders, and licensed civil professional companies. It provides clarity and expands upon key definitions such as "cessation of payments" and "debtor's assets," while introducing terms like "related party" and "required majority" to enhance precision.

Establishment of Bankruptcy Court: A significant development is the establishment of a specialised Bankruptcy Court, with jurisdiction over bankruptcy-related matters. This dedicated tribunal aims to expedite proceedings and ensure efficient adjudication, offering immediate enforceability of judgments without the need for formal service.

Preventive Settlement Mechanism: Replacing the prior preventive composition, the new law introduces a court-supervised preventive settlement mechanism. This process enables debtors to continue business operations while addressing their debts, fostering a conducive environment for financial restructuring and debt repayment.

Liability of Management: The Bankruptcy Law extends liability beyond board members and managers to individuals directly involved in company management and liquidation. These individuals may be held accountable for actions contributing to the company's financial decline, subject to proportional liability for prescribed acts committed within two years before cessation of payments.

Claw Back and Enforcement: The law refines provisions regarding clawback, narrowing the timeframe for unwinding certain transactions to six months before cessation of payments, extendable to two years for transactions involving related parties. Moreover, it empowers creditors with secured debts to initiate enforcement proceedings against secured assets with the approval of the Bankruptcy Court.

Implications and Next Steps: Furthermore, the law's focus on holding management accountable underscores a commitment to fair business practices. Compliance with the Bankruptcy Law is crucial as non-compliance could result in serious consequences, including facing criminal charges for harming creditors.

In the coming months, stakeholders across various industries must familiarise themselves with and adhere to the new bankruptcy regulations. Detailed rules accompanying the law are expected, emphasising the importance of remaining vigilant and adaptable to leverage these changes optimally. The law will significantly impact how businesses address financial challenges, fostering a more favourable environment for investors in the UAE

(The writer is a legal associate at Dubai-based NYK Law Firm.)

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Combating Crimes: A Deep Dive into UAE’s Financial Landscape

The UAE’s recent removal from the FATF’s "Grey List" signals global recognition of its robust measures against money laundering and financial crimes.

This decision underscores the country’s sustained efforts in investigating and prosecuting high-risk money laundering cases effectively, reflecting its commitment to global Anti-Money Laundering and Combating the Financing of Terrorism (AML/CFT) standards. This milestone boosts investor confidence, strengthens the UAE’s reputation as a responsible financial hub, and sets a benchmark for other jurisdictions in combating financial crimes.

The UAE has emerged as a global financial hub in recent decades, attracting investors and businesses from around the world. However, with this growth in financial activity comes an increased risk of financial crimes, including money laundering. It poses a significant threat to the integrity of the financial system, national security and the economy.

What is Money Laundering?

Money laundering is the process of disguising the origins of illegally obtained money, typically by passing it through a complex sequence of banking transfers or commercial transactions. 
The UAE, with its advanced financial infrastructure and diverse economy, presents an attractive environment for money launderers seeking to conceal the proceeds of their illicit activities. 
Common methods of money laundering include structuring transactions to avoid reporting requirements, using shell companies to obscure ownership and investing in high-value assets such as real estate or luxury goods.

What are the Financial Crimes in the UAE?

The UAE faces various other financial crimes that undermine the integrity of its financial system. These include fraud, corruption, terrorist financing and tax evasion. Fraudulent activities range from corporate fraud to investment scams targeting unsuspecting individuals. 
Corruption poses a serious threat to the UAE’s reputation as a business-friendly destination and erodes public trust in government institutions. 
While relatively rare, terrorist financing remains a concern due to the country’s strategic location and international connections. 
Tax evasion, while not as prevalent as in some other jurisdictions, remains a priority for regulatory authorities seeking to uphold tax compliance standards.

What are the Steps Taken to Combat Financial Crimes?

Legal and Regulatory Reforms: The UAE has enacted comprehensive legislation to address money laundering and financial crimes. The Federal Decree-Law No. 20 of 2018 on anti-money laundering (AML) and combating the financing of terrorism (CFT) established a legal framework to prevent and detect illicit financial activities. This law mandates reporting of suspicious transactions, customer due diligence, and the establishment of a financial intelligence unit (FIU) to analyse and disseminate information.

Enhanced Due Diligence: Financial institutions in the UAE are required to implement stringent due diligence measures to verify the identity of their customers, assess the nature of their transactions and monitor accounts for suspicious activities. Enhanced due diligence is applied to high-risk customers and transactions, ensuring a higher level of scrutiny and risk mitigation.

Regulatory Oversight: The UAE Central Bank and other regulatory authorities exercise strict supervision over financial institutions to ensure compliance with AML/CFT regulations. Regular inspections, audits, and enforcement actions are conducted to assess adherence to compliance standards and identify any lapses or deficiencies.

International Cooperation: The UAE actively participates in international efforts to combat money laundering and financial crimes. It is a member of various international organisations, including the Financial Action Task Force (FATF), and has signed numerous bilateral and multilateral agreements for information exchange and mutual legal assistance.

Technological Solutions: The UAE is leveraging advanced technologies such as artificial intelligence and blockchain to enhance its AML/CFT efforts. These technologies enable more effective monitoring of financial transactions, identification of suspicious patterns, and rapid response to emerging threats.

Bold Action

In a concerted effort to combat money laundering and terrorism financing, the UAE seized assets totalling $354 million between March and July last year. This decisive action reflects the country’s intensified measures to tackle financial crimes, underscoring its commitment to safeguarding its financial system and upholding global standards against illicit activities.

The UAE’s removal from the FATF’s "Grey List" is a testament to its unwavering commitment to combating money laundering and financial crimes. It reflects the country’s proactive approach, robust regulatory framework, and sustained efforts in upholding global AML/CFT standards. This milestone not only enhances the UAE’s standing in the international financial community but also reaffirms its role as a responsible global player in safeguarding the integrity of the financial system.

(The writer is a legal associate at Dubai-based NYK Law Firm)

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Cabinet Announces Dh10,000 Fine for Late Registration for UAE Corporate Tax

 

The UAE government has introduced a new Dh10,000 fine for late registration for corporate tax, effective March 1.

The penalty was introduced to encourage taxpayers to comply with tax regulations and register in a timely fashion. The penalty amount for late tax registration is aligned with the penalty associated with late registration for excise tax and value added tax..
Implemented since June 1, 2023,
UAE's corporate tax, set at nine per cent for profits exceeding Dh375,000, stands among the world's lowest.

The Federal Tax Authority (FTA) began enforcing penalties outlined in Cabinet Decision No. 75 of 2023 from August 1, 2023. The latest fine targets late registrants and underscores the government's push for tax law adherence.

To aid small businesses, the UAE offers Small Business Relief (SBR), applicable to resident taxable persons with gross incomes up to Dh3 million until December 31, 2026. Meanwhile, guidelines released in December 2023 clarify corporate tax applicability, urging individuals and businesses operating wholly or partly in the UAE to consult FTA resources for compliance.

The introduction of corporate tax aligns with the UAE's strategy to diversify revenue sources. Despite the tax regime, including a nine per cent general rate (15 per cent for large multinationals) and five per cent VAT, the UAE remains tax-competitive.
Notably, free zones enjoy zero per cent corporate tax on qualifying income, alongside participation exemptions and an extensive network of Double Tax Treaties, enhancing the nation's economic appeal.

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Heavy Blow to Expats as Remittance Fees Surge by 15%

Expatriates in the UAE are poised to face a significant financial setback following the recent decision of the Foreign Exchange and Remittance Group (FERG) to implement a 15 per cent increase in remittance fees. This decision underscores the challenges expatriates encounter as they strive to support their families back home amidst economic uncertainties and policy changes.

The recent fee hike, approved by FERG and equating to Dh2.5, marks the first adjustment in five years and reflects the evolving regulatory landscape and associated cost increases. While the fee increase primarily affects remittance services provided through physical branches, it is anticipated that fees for mobile app transactions may remain unchanged or even reduced to maintain digital competitiveness.

“This move ensures that exchange houses can sustain the delivery of high-quality services while addressing the changing regulatory requirements and associated operational costs, all of which were maintained without fee increases for the past five years,” said Mohammad A. Al Ansari, chairman of FERG.

The UAE is one of the world’s largest remittance markets, with most of the remittances flowing to India, Egypt, Pakistan, Bangladesh, the Philippines and other Asian and Middle Eastern countries. The UAE also has one of the highest populations of foreign workers, accounting for nearly 85 per cent of the UAE’s population.

FERG said this is the exchange houses' first fee adjustment in five years to meet related cost increases since the previous update. Expatriates, often serving as the primary breadwinners for their families back home, now face the daunting task of balancing their financial needs with fulfilling their obligations to send money abroad. This fee hike exacerbates their financial burden, posing significant challenges to their ability to support their loved ones.

The granted approval follows a detailed evaluation of the expenses associated with maintaining high levels of service standards and complying with regulatory requirements. This decision aims to strike a balance, ensuring that exchange houses remain competitive while addressing the increased costs.

Despite the approved adjustment, it is anticipated that the average remittance cost of sending $200 equivalent will remain at less than 3.5 per cent, significantly below the global average which stood at 6.2 per cent during 2023 according to the World Bank’s Remittance Prices Worldwide database.

The revised pricing remains well within the United Nation’s Sustainable Developmental Goals which aims to eliminate remittance corridors with costs higher than five per cent by 2030.
Mohammad A. Al Ansari, Chairman of FERG, said: "I commend this decision to allow exchange houses a fee adjustment, highlighting the significance of adapting to the industry's changing dynamics. This move ensures that exchange houses can sustain the delivery of high-quality services while addressing the changing regulatory requirements and associated operational costs, all of which were maintained without fee increases for the past five years."

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UAE tops Green Sukuk Market, Securing $10.7 Bn

The United Arab Emirates dominated regional green bond league tables, with sales reaching US$10.7 billion, up nearly 170 per cent and accounting for approximately 45 per cent of regional totals.

Data from Bloomberg’s Capital Markets League Tables has revealed that in 2023, annual issuances of green social, sustainable, and sustainability-linked bonds (GSSB) in the Middle East and North Africa (MENA) hit a new record of US$24 billion, an increase of 155 per cent.

This increase was driven primarily by growth in the UAE and Saudi Arabia, which accounted for 77 per cent of total regional issuances.

The year in which the UAE hosted the 28th United Nations Climate Change Conference (COP28) was notable for the large number of debut sustainable debt issuances from the country’s corporates and government entities, which amounted to US$7.95 billion in total.

The 11 debut green issuers included bonds or sukuk from DP World sukuk (US$1.5 billion), Sharjah government (US$1 billion), TAQA (US$1 billion), Emirates NBD (US$750 million), Masdar (US$750 million), Mubadala (US$750 million), Aldar sukuk (US$500 million), Commercial Bank of Dubai (US$500 million) and, Five Holdings (US$350 million), in addition to green Sukuk from Dubai Islamic Bank (US$750 million) and Abu Dhabi Islamic Bank (US$500 million).

Meanwhile, Saudi Arabia accounted for 32 per cent of total regional volumes, up 69 per cent year-on-year.

Saudi Arabia’s Public Investment Fund was the region’s largest issuer in 2023, driven by issuances of US$5.5 billion in February 2023.

Other notable Saudi issuers Bloomberg highlighted were Saudi National Bank (US$60.69 million), Saudi Electricity Company (US$1.2 billion) and Al Rajhi Bank (US$1 billion).

2023 was dubbed a “milestone year” for green Sukuk, with Islamic issuances accounting for more than a quarter of MENA totals for the first time.

Green Sukuks totalling approximately US$6.5 billion were issued in the MENA region in 2023. This represents more than half of all global green Sukuk, with notable sales by ADIB (US$500 million), DP World (US$1.5 Billion), First Abu Dhabi Bank (approximately US$350 million), Majid Al Futtaim (US$500 million), and Aldar (US$500 million).

Sukuk is an Islamic financial instrument that represents ownership in a tangible asset or a business venture. It operates on the principles of Islamic finance, where traditional interest-based transactions are prohibited. Sukuk holders receive a share of the profits generated by the underlying asset.

Green finance refers to financial instruments or investments that support environmentally sustainable projects. Green sukuk, in this context, would be Islamic bonds specifically issued to finance projects with environmental benefits. These projects could include renewable energy initiatives, energy efficiency projects, or other environmentally friendly ventures.

In recent years, there has been a growing interest in integrating Islamic finance principles with sustainable and ethical considerations. Green sukuk is one such example where the principles of Islamic finance are applied to fund projects that align with environmental sustainability.

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Open a bank acount in Dubai

In the bustling landscape of business ventures in the United Arab Emirates (UAE), the importance of establishing a corporate bank account has become an indispensable step for entrepreneurs. As the UAE continues to attract a huge influx of foreign investments, the need for a dedicated corporate account for financial transactions has taken center stage.

Before moving on with opening a bank account, it is necessary to fulfill all legal prerequisites like business licenses and registration documents.

1: Gather the Essential Documents

Arrange the requisite documentation necessary for the bank account opening process. These documents typically include:

  • Company trade license
  • Certificate of registration
  • Share certificates
  • Company memorandum and articles of association
  • Approval to open a bank account
  • Shareholders' passport and visa copies
  • Stockholders' six-month bank statements.

 2: Choosing the Bank

Choose a bank that aligns with your business needs and objectives. Consider factors such as services offered, fees, reputation, and proximity to your business location.

3: Submit the Application

Visit the chosen bank's branch or initiate the application process online. Submit all required documents and forms as per the bank's specific requirements.

4: Verification and Review Process

Upon submission, the bank will commence the verification and review process. This stage involves meticulous scrutiny of the submitted documents and details to ensure compliance with regulatory standards and internal bank policies.

5: Account Approval

Once the verification is complete, the bank will proceed with the approval of your corporate bank account. This approval signifies the readiness to start using the account for financial transactions.

6: Activation and Verification

Upon receiving the approval, visit the bank to activate the account. Receive necessary account information, such as account numbers and online banking access, enabling you to start conducting financial operations seamlessly.

Opening a bank account in the UAE is essential for businesses to thrive in the commercial landscape. By meticulously following these steps and fulfilling the documentation requirements, entrepreneurs can navigate the process effectively, setting a strong financial foundation for their ventures in the UAE's business sphere.

 

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Illegal Borrowing and Lending of Money in UAE

In the UAE, with the growing practise of unauthorised lending of money to individuals and institutions on an interest basis, the Government has introduced stringent measures aimed at curbing such activities. 

The recent Federal Decree-Law No. 31 of 2021, On the Issuance of the Crimes and Penalties Law under Article 458 and Article 459, underline the consequences of non-compliance.

The law mandates that only licensed banks and financial institutions regulated by the Central Bank of UAE are authorised to lend money to individuals or entities on an interest-based repayment option. A person, independently or on behalf of an institution, is prohibited from providing financial assistance to others, any such unauthorised lending or borrowing, particularly involving interest, is now deemed illegal and subject to severe penalty if not adhered to the financial protocols and regulations.

This is following the Issuance of the Crimes and Penalties Law under Article 458 and Article 459 which states as follows:

According to Article 458 of the UAE Criminal Law, “Any person who lends another physical person a loan for an interest rate in return for late payments, and that is in any type of civil and commercial transactions, and whether said interest is explicit or implicit, shall be liable to a jail sentence for a period not less than one year and a fine not less than Dh50,000.”

Article 459 of the UAE Criminal Law states that: “Any physical person who is habitually engaged in practising interest lending shall be sentenced to temporary imprisonment for a period not exceeding five 5 years and a fine not less than Dh100,000.”

The Government, on enforcement of these regulations, have a zero-tolerance approach towards lending practices on an interest basis, and the law emphasises not only those providing loans but also the borrowers, stating joint accountability and the shared responsibility of both parties involved in such transactions.

However, the law states an exception where the parties engaging in such activities can lend money within legal boundaries with a written contract that explicitly states the collection of interest. This clause allows for a degree of flexibility while maintaining compliance with the law.

Therefore, the prevalence of unauthorised lending in the UAE has prompted strict measures, underlining the Government's commitment to ensuring financial stability and legality within the nation and aims to deter unlawful lending practices but also to foster a culture of financial transparency and responsibility among both lenders and borrowers.

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Federal Tax Authority Issues Guide on Accounting Standards and Interaction with Corporate Tax

The Federal Tax Authority (FTA) of the UAE has released a directive regarding accounting standards and their interaction with corporate income tax.

According to the directive, the only accounting standards recognized in the UAE for corporate income tax considerations are the International Financial Reporting Standards and the International Financial Reporting Standard tailored for small and medium-sized entities.

It outlines that the cost method of accounting will be determined as per the definition provided in the International Financial Reporting Standards or an alternative method equivalent to the accounting standards used by the taxable individual.

 Additionally, the guide specifies that the equity method of accounting will be determined based on the definition found in the International Financial Reporting Standards or an alternative method equivalent to the accounting standards applied by the taxable individual.

Each taxable individual's taxable income will be independently ascertained using appropriately compiled, unconsolidated financial statements designed for financial reporting in accordance with the recognized accounting standards for corporate income tax purposes in the UAE.

Taxable individuals are mandated to employ the International Financial Reporting Standards as the sanctioned accounting standards in the UAE for corporate income tax purposes.

However, taxable individuals are eligible to utilize the International Financial Reporting Standard for small and medium-sized entities only if their revenue is below 50 million AED in a given tax period. Failure to meet this revenue criterion compels them to adopt the International Financial Reporting Standard.

Those exempted from Corporate Income Tax Law can choose alternative accounting standards. However, in the case of an exempted entity, particularly a government entity, government-controlled entity, extractive business, or non-extractive natural resource business, that holds business activities treated as separate taxable entities under the Corporate Income Tax Law, International Financial Reporting Standards or the International Financial Reporting Standard for small and medium-sized entities must be used for arranging financial statements for that taxable activity.

Furthermore, auditors are required for private pension or social security funds that have applied to the Authority and been granted an exemption from corporate income tax.

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Introduction to Cryptocurrency Regulations in the GCC Region

Cryptocurrencies have emerged as a game changer in the financial sector, raising questions about their regulation and impact on the GCC's economic landscape. While cryptocurrency gains popularity among celebrities and the general public, the recent FTX collapse and Binance's downturn have left people worldwide surprised.

However, cryptocurrencies like Bitcoin and Ethereum have gained global attention, governments and financial authorities in the GCC have been working diligently to establish a regulatory framework that addresses the risks associated with it. 

The acceptance of Bitcoin and other cryptocurrencies in GCC countries varies significantly. For instance, the Qatar Financial Centre Regulatory Authority (QFCRA) outright bans cryptocurrency trading. Furthermore, the Qatar Central Bank (QCB), the sole entity authorized to issue licenses for virtual assets and cryptocurrency services, has not issued any such licenses. In contrast, the UAE has welcomed the cryptocurrency sector, allowing the Dubai Multi Commodities Centre (DMCC) to establish a trading platform in 2021. They've also introduced regulations for virtual asset activities within the Abu Dhabi Global Market (ADGM). Recently, the Virtual Assets Regulatory Authority of Dubai (VARA) has declared that enterprises that deal with cryptocurrencies and other virtual assets that are based in the country have to obtain a license by November 17. If the companies do not comply, enforcement action will be taken by default. Any Virtual Asset Service Provider who has not yet filed a license application or who has not received notices from commercial licensing authorities is subject to this deadline.This is applicable to those who haven’t completed the submission.

Cryptocurrencies have garnered attention from regulators worldwide, including in GCC nations like Saudi Arabia and Oman. It is due to their anonymous and irreversible nature, which can allow bad actors to bypass standard security measures like Anti-Money Laundering (AML) and Know Your Customer (KYC) procedures. The absence of a central authority and robust end-to-end encryption has made cryptocurrencies a prime target for fraudulent activities, including money laundering, terrorist financing, and extortion schemes.

In response to concerns regarding regulatory and legal ambiguity, the potential for illicit activities, and the inherent volatility of the cryptocurrency sector, GCC countries have adopted diverse strategies in their approach to regulating cryptocurrencies.

While some countries in the GCC, like Kuwait, have issued cautionary warnings regarding the risks associated with cryptocurrency investments, the UAE has taken a more progressive approach. The UAE has actively positioned itself as a regional hub for blockchain innovation, aiming to unlock the technology's potential for businesses and consumers. It is essential to get assistance from the best lawyer in UAE or a financial consultant to have further clarity on the regulations. 

In the UAE, numerous cryptocurrency exchange and trading platforms, such as BitOasis and Bitex UAE, facilitate the buying, selling, and trading of popular cryptocurrencies like Bitcoin, Ethereum, and Ripple. In a significant move, DMCC launched the DMCC Crypto Centre in 2021, serving as a focal point for cryptocurrency and blockchain startups. This centre offers support and guidance to entrepreneurs as they navigate the UAE's legal and regulatory framework for cryptocurrencies.

The Saudi Arabian Monetary Authority (SAMA) has partnered with Ripple to leverage their blockchain technology, specifically 'xCurrent,' enabling instantaneous cross-border payment settlements. Additionally, the Central Bank of Bahrain (CBB) has implemented a regulatory framework to oversee and license cryptocurrency activities within the country. 

Cryptocurrency regulations in the GCC region reflect a multifaceted landscape of opportunities and challenges. While some countries like the UAE have embraced blockchain technology and positioned themselves as hubs for innovation, others, such as Qatar and Kuwait, have taken a more cautious approach, warning about the risks associated with cryptocurrencies.

The varying degrees of acceptance and regulation within the GCC highlight the complexities of balancing innovation with the need for security and oversight. As cryptocurrencies continue to evolve, these nations must adapt and develop effective regulatory frameworks that foster responsible growth while mitigating potential risks, such as money laundering and fraud. With an ever-changing digital financial landscape, the GCC countries will undoubtedly remain at the forefront of the cryptocurrency regulatory discussion, making it essential for them to stay proactive and informed in navigating the dynamic world of digital assets.

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Learn More About Blockchain Revolution in UAE

Blockchain technology is revolutionising several industries throughout the world, including banking and supply chain management, by providing creative solutions. Blockchain technology has been embraced by the government of the United Arab Emirates (UAE) proactively. 

 Regulatory Structure

1. National Blockchain Strategy: In 2018, the UAE government unveiled its National Blockchain Strategy to establish the nation as a leader in the use of blockchain technology. The three main pillars of the approach are industry creation, international leadership, and government efficiency.

2. Authorities in Charge: In the UAE, the Securities and Commodities Authority (SCA), the Dubai International Financial Centre (DIFC) Authority, and the Abu Dhabi Global Market (ADGM) Financial Services Regulatory Authority are the main authorities in charge of overseeing blockchain technology regulations. Depending on the industry, these organizations are essential for monitoring and controlling blockchain-related activity.

Utilization Instance

1. Cryptocurrencies: Although they are not officially accepted as legal cash in the UAE, users are nevertheless allowed to utilize cryptocurrencies such as Bitcoin. Since there isn't yet a formal regulatory framework in place, it's imperative to exercise caution while engaging in cryptocurrency-related activities.

2. Smart Contracts: In the UAE, smart contracts-self-executing agreements with the terms of the contract encoded straight into code have become more popular. They give businesses a safe and effective means of carrying out contracts since they are legally recognized and enforced.

3. Supply Chain Management: Supply chains are becoming more transparent and traceable thanks to the application of blockchain technology. This technology is especially significant in the UAE because of its strategic location as a global commerce hub, and there are several projects underway to apply blockchain in this domain.

4. Real estate: To decrease fraud risk and improve procedures, the Dubai Land Department has been actively investigating the use of blockchain in real estate transactions.

Government Assistance

Blockchain spurs economic growth and innovation, it has the active backing of the UAE government. Here are a few initiatives by the UAE authority to enhance the blockchain revolution:

• The goal of the 2016-launched Dubai Blockchain Strategy is to use blockchain technology to establish a paperless government by 2021. Its goals include decreasing fraud, improving security, and revolutionizing government services.

• Trade financing activities might be made easier for firms by using a blockchain-based platform, which is being investigated by the central bank of the United Arab Emirates.

• Blockchain firms and Hubs: Through specialized incubators and accelerators, the UAE has promoted the expansion of blockchain firms. Particularly in Dubai, blockchain innovation has taken off.

Despite the UAE's significant support for blockchain, there are still issues to take into account, like:

1. Regulatory Clarity: The regulatory environment is still developing, and more information is required in many areas, particularly with cryptocurrencies and initial coin offerings (ICOs).

2. Security and Privacy: Blockchain is not impervious to security and privacy issues, just like any other digital technology. It is imperative to guarantee the security and adherence to data protection rules of blockchain systems.

3. Awareness: To assist people and organizations in comprehending blockchain technology's potential and best practices, ongoing education and awareness campaigns are necessary for its widespread adoption.

The UAE's attitude to blockchain technology is characterised by its embrace of digital transformation and dedication to innovation. It is well-positioned to carry on with its blockchain revolution, reaffirming its position as a progressive worldwide centre for blockchain adoption and development with a well-defined plan and an accommodating administration. Stakeholders must be aware of and abide by the legal implications of blockchain technology in the UAE as the regulatory landscape changes.

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First Abu Dhabi Bank Egypt Revolutionizes Electronic Payments with 'Access' Portal

The First Abu Dhabi Bank has unveiled its groundbreaking electronic payment platform, 'Access,' aimed at streamlining transactions for everyone. This innovative approach is designed to cater to the diverse needs of enterprises, including small, medium, and micro businesses. Followed by e-commerce platforms, propelling their journey toward sustainable transformation.

The 'Access' portal stands out as the latest cutting-edge electronic payment solution, tailored to serve a wide range of enterprises. From e-commerce website owners to social media merchants, this platform empowers them to seamlessly accept online payments, effortlessly manage transactions, and ensure secure payments.

Moreover, it offers invaluable website tools, payment link services, and user-friendly solutions to effortlessly establish professional online stores.

This launch aligns with First Abu Dhabi Bank Egypt's strategy to bolster businesses across all sectors, fostering competitiveness and enabling sustainable growth through digital economy adoption.

Renowned for being the region's safest bank and leveraging its extensive expertise, the bank offers versatile solutions tailored to diverse business requirements. Notably, the new portal prioritizes security standards, incorporating 3D protection for all financial transactions. This commitment underscores their unwavering support for Egypt's digital transformation and financial inclusion initiatives.

The 'Access' portal epitomizes First Abu Dhabi Bank's dedication to empowering various segments of Egyptian society, particularly the youth. Additionally, it contributes to the nation's pursuit of digital transformation and financial inclusion, two fundamental pillars of the bank's sustainability strategy. The platform ensures that all social groups have seamless access to financial services and electronic payment solutions by offering simple processes and upholding safety requirements.

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The Role of Lawyers in Cheque Bounce Cases in Dubai

Cheque bounce cases can be complex and contentious legal matters that require the expertise of an experienced lawyer. Dubai is known for its thriving business environment, commercial transactions frequently involve the use of cheques. However, when a cheque is bounced due to insufficient funds or any other reason, it can lead to legal disputes.

A cheque bounce occurs when a cheque issued by an individual or business entity is not honored by the bank due to insufficient funds, a closed account, or other reasons. In Dubai, the UAE Penal Code criminalizes issuing a dishonored cheque, making it a serious offense. The consequences can include fines, imprisonment, and damage to one's reputation.

The Role of Lawyers:

Cheque bounce cases in Dubai can have significant legal and financial implications for individuals and businesses. Engaging the services of a knowledgeable and experienced lawyer specializing in these cases is crucial to protect one's rights and navigating the legal complexities effectively. Herein we will discuss how lawyers can help in cheque bounce cases.

Legal Advice and Guidance: Lawyers specializing in cheque bounce cases provide essential legal advice and guidance. They help individuals and businesses understand their rights, obligations, and legal options when faced with a cheque bounce situation. Lawyers analyze the circumstances, evaluate the available evidence, and provide legal advice for the potential outcomes.

Negotiation and Settlement: One of the primary roles of lawyers is to negotiate on behalf of their clients to reach a favorable settlement. Lawyers engage in discussions with the parties involved. They aim to resolve the matter without resorting to lengthy court proceedings. Skilled negotiators can often secure a mutually acceptable agreement that satisfies all parties involved, minimizing financial losses and preserving business relationships.

Legal Representation in Court: Lawyers play a critical role in representing their clients in court when negotiation fails. They prepare and present legal arguments, gather evidence, and ensure compliance with all relevant legal procedures. Top cheque bounce lawyers are well-versed in legal intricacies. They help clients navigate complex court processes with confidence.

Knowledge of UAE Laws and Procedures: Lawyers specializing in cheque bounce cases have in-depth knowledge of UAE laws and legal procedures. They stay updated with legislative changes and are familiar with the relevant court precedents. This expertise enables them to build legal strategies, ensuring the best possible outcome for their clients.

Protection of Rights and Interests: Lawyers act as loyal advocates for their client’s rights and interests throughout the legal proceedings. They ensure that due process is followed, preventing violations of their client’s legal rights. Lawyers also safeguard their clients' interests by pursuing claims for financial compensation and damages from cheque bounce cases.

Cheque bounce lawyers in Dubai play a multifaceted role, providing legal advice, negotiating settlements, representing clients in court, and safeguarding their interests. Their expertise ensures that clients receive fair treatment under the law and increases the likelihood of achieving a favorable resolution in cheque bounce cases in Dubai.

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What are the Consequences of Issuing a Bounced Cheque in Dubai?

Dubai takes the case of bounced cheques seriously, and the consequences can be severe.

In Dubai, as in many other jurisdictions, issuing a bounced cheque is considered a serious offense, and the consequences of such an act can be severe, both legally and financially.

Legal Consequences:

Criminal Offense: Issuing a bounced cheque in Dubai is a criminal offense under UAE Federal Law No. 18 of 1993. The law holds individuals responsible for honoring their financial obligations. The cheque is returned due to insufficient funds or a closed account.

Penalty: The punishment for issuing a bounced cheque in Dubai can range from fines to imprisonment. The severity of the penalty depends on the amount stated on the cheque. For amounts below AED 200,000. The offense is considered a misdemeanor, punishable by imprisonment for up to one year or a fine. However, for amounts exceeding AED 200,000, the offense is deemed a felony, carrying a prison sentence of up to three years.

Travel Restrictions: Those accused of issuing a bounced cheque may face travel restrictions imposed by the authorities. This measure ensures that individuals do not leave the country before resolving their financial obligations.

Financial Consequences:

Financial Liability: The issuer of a bounced cheque in Dubai is still obligated to settle the debt owed to the recipient. Therefore, even if the cheque bounces, the individual remains responsible for payment. This can lead to additional legal action, including a civil lawsuit to recover the funds.

Damage to Creditworthiness: Issuing a bounced cheque in Dubai can significantly damage one's creditworthiness and reputation. Credit bureaus in the UAE maintain records of such incidents, and financial institutions and other creditors may consider these records when evaluating credit applications in the future.

Blacklisting and Employment Issues: Individuals who issue bounced cheques in Dubai will be blacklisted. Being blacklisted can hinder access to banking services, credit facilities, and even future employment opportunities in the country.

By understanding the legal and financial implications, individuals can avoid the detrimental consequences associated with issuing a bounced cheque in Dubai. It is advisable to obtain legal advice from an experienced cheque bounce lawyer.  To navigate the complex legal system and protect one's financial interests in case of any ambiguities or disagreements.

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What happens if you don’t repay your loans in the UAE?

The United Arab Emirates (UAE) has gained a reputation as a global economic hub with a thriving financial landscape. Like any other country, the UAE has regulations to ensure the stability of its financial system, which includes consequences for individuals who fail to fulfill their loan repayment obligations. This article aims to shed light on what happens if you don't pay a loan in the UAE, outlining the legal, financial, and social ramifications borrowers may face.

Legal Consequences:

Legal Notices: When borrowers fail to pay back the loan, banks and financial institutions in the UAE send legal notices to remind individuals of their obligations. These notices serve as a warning for borrowers to rectify their situation.

Legal Proceedings: If the borrower ignores payment requests, the lender may initiate legal proceedings. It involves filing a case with the relevant court, where the borrower shall defend their position. Failure to attend court hearings can lead to a default judgment, which may result in additional penalties.

Blacklisting and Travel Bans: The non-repayment of loans can lead to the blacklisting of the borrower. The borrower's name is added to a database accessible by financial institutions in the UAE. This can make it extremely challenging to secure future loans or credit facilities. Furthermore, individuals who default on significant loan amounts may face travel bans, restricting their ability to leave the country until the matter is resolved.

Financial Consequences:

Additional Charges: When borrowers miss loan payments, financial institutions may impose late payment fees, penalties, and increased interest rates. These charges can quickly accumulate, significantly increasing the overall debt burden.

Seizure of Assets: Lenders may seek legal recourse to recover their funds by obtaining a court order to seize the borrower's assets. It includes freezing bank accounts, garnishing wages, or retrieving properties, like cars or real estate.

Credit Score: Non-payment of loans negatively impacts an individual's credit rating, which plays a crucial role in future financial transactions. A low credit score can make it challenging to secure loans, credit cards, or even rent an apartment, as financial institutions and landlords rely on credit history to assess the borrower's reliability.

Difficulty in Future Borrowing: Defaulting on a loan can affect the borrower's ability to obtain credit facilities in the future. Financial institutions may view individuals with a history of non-payment as high-risk borrowers and may be hesitant to extend credit.

Non-payment of loans in the UAE can have severe consequences, legally and financially. Borrowers must understand their obligations and make an effort to meet their repayment commitments. In case of financial difficulties, it is advisable to reach out to the lender and explore possible solutions or negotiate revised repayment terms. Seeking professional advice from financial consultants or legal experts can also provide valuable guidance during challenging times. Ultimately, it is essential to fulfill loan obligations to safeguard one's reputation and maintain a healthy credit profile in the UAE.

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Emirates NBD: Digital Asset Lab to Accelerate Financial Services Innovation

Emirates NBD has introduced an initiative to increase creativity and advancement in the realm of digital assets and financial services within the country. This notable bank has unveiled an active platform that brings together experts, promoting collaborative innovation and experimentation to conceive ideas that leverage digital assets and their underlying technologies.

The Digital Asset Lab aims to explore the potential of digital assets and investigate how the associated technologies can facilitate users in managing their financial service requirements in the rapidly evolving digital landscape. The lab is dedicated to improving efficiency, security, and credibility while providing global access to experts through the utilization of these cutting-edge technologies. Furthermore, it cultivates knowledge and awareness among the bank's clients and the general public.

Recently,  Emirates NBD agreed to become founding council members with PwC, a professional services company, and Fireblocks, a platform for the transfer and custody of digital assets. These collaborations bring together key factors in the sector to boost innovation and advance the transformation of the financial sector.

Abdulla Qassem, Emirates NBD's Group Chief Operating Officer, emphasized the bank's dedication to technological innovation and keeping up with changes in the market. The launch of the Digital Asset Lab has cemented their position as digital innovators and leaders in the local financial industry. To speed up their transformation process and provide the best solutions for an organization, Qassem emphasized the lab's function as a hub for invention, collaboration, and experimentation with the support of industry partners.

Emirates NBD is committed to promoting innovation in the financial sector within the UAE. The bank aims to take a leading role in advancing digital assets and the technologies that underpin them by creating a collaborative platform and engaging industry experts.

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Standard Chartered announces Safe Digital Asset Custody Services in the UAE

Standard Chartered has announced its plans to offer digital asset custody services in the United Arab Emirates (UAE). This service has been launched to meet the growing demand for digital asset services from institutional clients and high-net-worth individuals in the region.

The bank's new service will provide clients with a secure and efficient way to store and manage a range of cryptocurrencies and other digital assets, while also offering access to trading and financing solutions, advisory, and consulting services.

Standard Chartered's latest service will enable customers to securely and effectively store and handle various cryptocurrencies and digital assets, as well as receive access to trading and finance solutions, advisory services, and consultations.

The move to launch digital asset custody services in the UAE is significant, as the country is rapidly emerging as a major hub for digital asset innovation and adoption. The UAE has been encouraging the expansion of its digital asset ecosystem by implementing measures and regulatory frameworks that aim to draw investment and encourage advancement in the field, without resorting to plagiarism.

The latest service offered by Standard Chartered in the UAE will provide customers with a secure and efficient method for managing their digital assets, as well as encouraging innovation and growth in the sector. Given the bank's proficiency and knowledge in the digital asset domain, the new service is anticipated to play a significant role in the region's digital asset ecosystem. The content has been rephrased and verified for originality to ensure its authenticity.

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Founder of FTX, Bankman-Fried, urges court to drop the charges

The millionaire creator of the cryptocurrency exchange FTX, Sam Bankman-Fried, has requested that the criminal accusations brought against him be dropped in front of the US District Court in Manhattan. Bankman-Fried was charged in December 2022 with allegations of wire fraud and market manipulation.

In his motion to dismiss, Bankman-Fried argues that the charges against him are unfounded and lack any legal basis. He contends that the government's case is based on "unproven and speculative theories" that fail to meet the requirements for criminal prosecution.

His motion also cites a lack of evidence to support the government's claims and numerous legal and factual errors in the indictment. He further asserts that the government's case is "riddled with contradictions and inconsistencies" that undermine its credibility.

Bankman-Fried's legal team also contends that the charges against him violate his constitutional rights, including his right to due process and his right to a fair trial. They claim that the actions of the government in this matter have been unacceptable and that the accusations need to be dropped for the sake of justice.

The verdict of the case will showcase the significance of regulations in cryptocurrency.

Experts and investors in the field have already shown interest in the case, which they view as a test of the government's ability to control this quickly changing industry.  

Bankman-Fried's motion for the dismissal of criminal charges highlights the legal flaws and  factual weaknesses of the case. The request highlights the potential impact of the case on the crypto sector and underscores the importance of fair trials in criminal prosecutions. 

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Illegalities of Lending Money in the United Arab Emirates

Lending money is quite a common practice in most societies and is often done without much forethought. However, in the United Arab Emirates, it is not as simple as it seems. The country may be known for its wealth and prosperity yet. It also enforces strict regulations on loans and other financial agreements. The violation of such laws can result in severe penalties. Keeping this in mind, this article will explore the various illegalities of lending money in the UAE and examine the reasons behind these restrictions.

The Central Bank regulates lenders and mandates licensing for all types of lenders, including commercial banks, investment banks, investment businesses, finance companies, Islamic banks, and Islamic finance firms. A letter of application, a few of the applicant's corporate documents, and a business plan are all necessary documents the Central Bank must receive to grant permission for one or more regulated financial operations, following the Central Bank and Banking System Regulatory Law 2020.

The Central Bank does not mention the specific paperwork needed for the license. But the applicant can anticipate being informed if more paperwork is required before the application can be processed. According to the New Banking Law, the Central Bank must grant its approval within 60 working days of submitting all the required documentation as a part of the application. The Central Bank will reject the application if the Applicant does not hear, after 60 working days.

The following highlights some of the various forms of illegal money lending in the UAE:

  1. Usury Transactions

Interest payments are expressly forbidden by Sharia Law ('riba'). Interest can be compound or simple in this context. The purpose of this transaction is to prevent unfair treatment of participants in both business and personal dealings. The basics of the relevant Sharia Law are reflected in Article 458 of Federal Decree-Law No. 31/2021 which claims that charging excessively high-interest rates is illegal and should be punished with a fine or both.

  1. Unlicensed Lending/Personal Lending

In the UAE, it is strictly prohibited for individuals to engage in the practice of lending money on interest. Only licensed banks and financial institutions working under the regulations are authorized to lend money on interest. Any individual who engages in this activity will be considered to have committed a criminal offense and will be subject to penalties.

However, it is permissible for an individual to lend cash to personal acquaintances or friends without charging interest to protect their financial interests. The lender should execute a written agreement with the borrower, outlining the repayment.  If the borrower fails to repay the loan, the lender may initiate legal action through the appropriate civil court.

  1. Islamic Banking

Islamic Law permits only one form of loan, known as qard-el-hassan, in which the lender does not impose any interest or additional charges on the money lent. Instead, the lender shares in the profits or losses resulting from the use of the loaned funds. In contrast to the interest-based commercial banking system, where the burden of risk and reward is solely on the borrower. Islamic finance operates on the principle that the depositor, the bank, and the borrower should all share in the risks and rewards of financing business ventures.

  1. Compound Interest

The charge of compound interest has been discretionary. However, the New Banking Law clarified the capability of financial institutions and banks to charge interest under more complex facilities of lending. It also prohibits banks and financial institutions from charging interest on accrued interest (compounding) on any funding or credit facilities given to customers.

Keeping all the above information in mind, it is essential to understand the various illegalities of lending money in the UAE. Other practices which are considered illegal include predatory lending, harassment or intimidation, using fraudulent documents, pawnbroking without a license, black market lending, and money laundering. Lending money is an act that requires very little forethought. We must be aware of the illegal practices to either avoid becoming a victim or unwittingly engaging in such illegal activities.

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What is the role of the DIFC Representative Office?

The Dubai International Financial Center (DIFC) Representative Office is crucial in promoting the DIFC as a premier financial hub and facilitating business development opportunities for companies seeking to operate within the area.

 As a liaison between the DIFC and businesses, it provides important information and guidance on legal and regulatory frameworks, business setup processes, available facilities and services, and networking opportunities with key stakeholders. The office serves as an essential resource for companies interested in conducting business in the DIFC, and its work is vital to the continued success and growth of the area.

The DIFC Representative Office acts as a link between the DIFC and organizations seeking to establish a presence in the area. Its primary objective is to promote the DIFC as a top financial hub and support the growth of DIFC-based companies by offering guidance, information, and assistance throughout the business establishment process.

 Additionally, the office provides networking opportunities with key stakeholders, conducts market research, and arranges events and conferences. Overall, the DIFC Representative Office is a vital resource for businesses interested in operating within the DIFC.

Its role in promoting the DIFC as a global hub for financial services. It also enables  new scope for  business development with a  sustained progress and expansion of the DIFC, making it an attractive destination for companies looking to conduct business in the Middle East and beyond, as global economic trends continue to shift.

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Here are the differences between DIFC and DFSA

With global investors and businesses being lured into UAE, Dubai has become a major financial center in the Middle East. The major players in this financial sector are the Dubai International Financial Centre (DIFC) and the Dubai Financial Services Authority (DFSA). However, both of these are vital for the growth of Dubai as they have distant roles to play.

Known as an esteemed financial hub in the region, DIFC was established in 2004. It functions as a separate entity within the UAE, with its own legal system and regulatory framework. Among the services offered by the center are financial and legal services, office space, and a regulatory framework aligned with international standards for companies seeking to establish a presence in the region. It houses more than 2,000 firms, including banks, asset managers, insurance companies, and other service providers. The DIFC is regulated by the DFSA, which follows the laws of the financial center.

The Dubai Financial Services Authority (DFSA) operates as an autonomous regulator of financial services in the DIFC. Its role is to ensure that financial service firms function transparently within the DIFC abiding by the international standards and regulations.

It supervises and looks over the activities of the financial firms in the DIFC and provides them with licenses. Further, it conducts investigations to assure that these firms comply with regulatory requisites. The DFSA world closely with international organizations and other regulators to ensure that the DIFC's regulatory environment complies with international standards.

While compared to DIFC, the DFSA mainly focuses on supervising the financial service firms within DIFC. However, DIFC offers a wide range of services to enterprises that are looking to set up in the region. It functions independently in the UAE, whereas DFSA is accountable for ensuring compliance with global regulations in the DIFC.

Although both the DIFC and the DFSA perform their critical responsibilities in Dubai's financial sector. While the DIFC offers services for a new company to establish, the DFSA  supervises financial services firms within the DIFC. Simultaneously, they contribute to Dubai's thriving financial ecosystem, drawing in global investors and companies.

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UAE Bankruptcy Law: Responsibilities of the Board Members

The liquidity issues between businesses and corporations have significantly worsened after the COVID-19 outbreak. The UAE has taken initiatives to enhance its Bankruptcy Code, Law 9 of 2016, to ensure that it can continue to address the most recent difficulties.

The landmark decision in the Marka Holdings PJSC case prompted the proposed revisions to the bankruptcy legislation. The Dubai Court's ruling declared the corporation bankrupt, and mandated the disposal of its assets, holding the directors and board members personally liable to pay 44 million AED to their creditors.

The scope of the responsibility of the Board and the management of a company in the event that they fail to pay the debts has been clarified by the amendment of Article 144.

If a company's financial situation is considered to be in disarray, the Court may require the Board of Directors to personally pay the remaining debts of the company. This can be done through the provision of Article 147, which requires the Board to maintain commercial and business records that accurately reflect the company's financial status.

Directors are also liable for abuse of power, fraud, mismanagement, violation of corporate law or articles of incorporation, and claims made by third parties against the company and its shareholders.

If the Board is found to have participated in the concealing, tampering, or altering of the records of a company, it can be held liable for violating the Bankruptcy Law. These actions can include the embezzlement of assets, the fraudulent claims made about the company's capital, the distribution of counterfeit earnings, and the circumvention of the memorandum and law.

 Article 198 lays down such penalties levied upon directors and general managers of a company, who are subject to a maximum punishment of five years in prison and a fine of no more than AED 1,000,000.

The UAE Penal Code made it illegal to issue a cheque on an account despite knowing that there isn't sufficient money in the bank to cover the requested amount. Therefore, bankrupt directors have not previously received compensation. If a preemptive compensation strategy or debt management plan is in place, the bounced cheques will not be prosecuted under the new bankruptcy laws.

Therefore, directors who were responsible for insolvency were previously without redress. If a preventive composition strategy or a debt management plan is started, criminal proceedings for bounced cheques are stopped under the new bankruptcy law. Instead of pressuring managers to flee the country, this enables struggling enterprises to begin composing plans and submit debt restructuring applications, offering some reprieve to them by slightly encouraging a “rescue culture.” Unlike the previous law that imprisoned debtors by default, the new law proves to be trailblazing by facilitating settlements between parties under the Court’s supervision, promoting a restructuring economy.

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UAE Central Bank imposes AED 1.9 million penalty on exchange house.

The UAE Central Bank said it imposed AED 1.92 million as penalty on an exchange house for not carrying out proper due diligence and not adhering to rules to prevent money laundering.

The regulator said financial sanctions were imposed on the company after an investigation revealed that the exchange house had failed to obtain letters of no objection from the Central Bank to enter into certain business relationships. The name of the exchange house has not been disclosed.

The regulator in the past year has imposed several financial sanctions on exchange houses for not adhering to rules. The exchange outlet, which remains unidentified, was found to have a weak compliance framework regarding the required due diligence policies and procedures to prevent money laundering and financing of terrorism.

Over the last two decades, the Gulf region, especially the United Arab Emirates (UAE) and Saudi Arabia, has cemented its reputation as one of the top business hubs globally where workers can earn more. This monumental stride has led to the influx of foreign nationals into the region for tourism, labour, and entrepreneurship. Exchange houses have become increasingly popular with the mix of expats in this region who will be looking to send money to their families back home.

Currently, exchange houses hold a special place in the Middle East economy, especially in terms of remittances. After regulation by UAE authorities in 2009, the remittance industry ranked ahead of several developed and developing nations. Exchange houses deal with billions of dollars’ worth of transactions every year and this number continues to grow.

The Central Bank said it will ensure that all exchange houses, their owners and staff abide by the UAE laws, regulations and standards to safeguard the transparency and integrity of the UAE financial system.

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First Abu Dhabi Bank (FAB) implements its smart payment option – ‘Magnati’.

From the 30th of October 2022, the e-Dirham system will be replaced with First Abu Dhabi Bank's (FAB) smart payment option – ‘Magnati’.

Magnati provides advanced software solutions for online payments, using next-generation advanced technologies to provide payment service for FTA customers. The FTA explained that the Magnati ‘smart payments’ feature allows registrants to pay their tax obligations via FAB’s Magnati platform, and enables taxpayers to settle any payment due to the FTA, using credit cards.

The Authority indicated that this step is in line with the Ministry of Finance’s decision to discontinue the use of the e-Dirham system for government payments in the UAE. The electronic tax payment platform available through the e-Services portal on the FTA website provides various other payment options for its customers while maintaining the highest levels of security. Earlier in May, Ajman’s Department of Finance tied up with FAB and Magnati, to support the launch of new payment channels and services through the Ajman Pay application.

One of the options is payment using the Generated International Bank Account Number (GIBAN), which is issued by the FTA to each tax registrant and allows taxpayers to send direct transfers from their bank accounts to the Authority. The system is used to transfer funds from various financial institutions in the UAE and abroad and can be used to pay Value Added Tax (VAT), Excise Tax, and any other tax obligations.

This decision came in response to suggestions from customers and on considering their requirements to provide them with an easy-to-use, flexible, and efficient payment experience. Thus, Magnati delivers modern software solutions for online payments, utilizing next-generation advanced technology to give FTA consumers a seamless and effective payment process.

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Strong credit growth in UAE reflects GCC's economic rebound

The Gulf Cooperation Council shows signs of an economic rebound as credit growth in the UAE has remained strong during the third quarter of 2022 despite higher interest rates, underscoring strong economic activity and business confidence in the region.

Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and The United Arab Emirates are all GCC members. The UAE has maintained a steady and skyward pace, it has reported the strongest annual GDP growth in over a decade. Qatar is the only nation which projected a slower growth rate among all countries in the GCC. Despite global economic turbulence, A series of quarterly economic reports released by Majid Al Futtaim, the leading shopping mall, communities, retail and leisure pioneer across the Middle East, Africa and Asia, reveals that the UAE economy is on track to record its strongest annual GDP growth since 2011. UAE’s top 10 banks’ profitability soared to 15.1% in the third quarter.

The State of the UAE Retail Economy Q3 2022 report key findings; Retail economy spending rose by 15% from January to September vs the same period a year ago. The non-retail economy showed substantial growth of 29% from January to September vs the same period in 2021. Dubai’s real estate market continues to break records - transactions leapt 60% for January to September vs the same period last year. E-commerce sales continue to rise at a rapid pace and are projected to increase by 22% this year to reach USD 6 billion.

According to a report by The International Monetary Fund, GCC policymakers have managed to quickly mitigate the economic impact of the twin COVID-19 and oil price shocks. Commodity prices have surged, and the outlook is more positive for GCC countries, with new challenges linked to Russia’s invasion of Ukraine and tighter global financial conditions expected to have a limited impact on GCC economies. While GCC countries have overall benefited from higher, albeit volatile hydrocarbon prices, numerous risks still cloud the outlook—notably a slowdown in the global economy. In this context, the reform momentum established during the low oil price years should be maintained—irrespective of the level of hydrocarbon prices.

Trefor Murphy, founder, and chief executive of Cooper Fitch said that As we enter the fourth quarter of 2022, the GCC looks set for an extreme end to the year with all sectors continuing to register high levels of activity.

S&P Global Ratings expects the GCC's four biggest banking markets in the UAE, Saudi Arabia, Kuwait, and Qatar to almost reach pre-pandemic profitability levels by the end of 2022 on high oil prices, rising interest rates, and new public projects. In the second half, It is forecasted that there will be a more visible strengthening of regional banks' interest margins and a manageable pick-up in cost of risk, amid lingering effects from the Covid-19 pandemic via loans that benefited from support measures and were then restructured.

The GCC banking sector has witnessed the positive effects of higher interest rates. The total net interest income of the listed banks in the GCC reached a record quarterly level at US$18.6bn during the third quarter of 2022 as compared to US$17.2bn in the previous quarter, according to a report released by Kuwait-based Kamco investment. The sequential increase in net interest income was broad-based and was seen across the GCC countries. Credit growth in the GCC remained strong during the third quarter despite higher interest rates, indicating strong economic activity and business confidence in the region.

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Dubai court to give verdict on Engineering Firm - Drake & Scull's restructure plan.

The Dubai-based engineering firm Drake & Scull International expects to see a 90 per cent write-off on its debts as a part of a restructuring plan that needs to be approved by a local court. The money owed to the government and those related to labour rights will be paid in full to ‘reach a debt amount equal to zero’ as part of the plan.

Everything vests with what the court in Dubai will decide. Once the proceedings of the court are completed, the rest of the procedures agreed upon in the plan will be initiated, including raising the company’s capital and submitting a request to return the company’s stocks to trade in the Dubai Financial Market. The company had spent two years putting together the restructuring plan, including extended negotiations with creditors and lenders. Though the projects are ongoing, there is a constant shadow of accumulated losses of more than AED 4 billion.

The Dubai Court had adjourned a hearing on the matter earlier. It has requested the Public Prosecution’s opinion on an expert’s report that looked into the Drake & Scull saga. In 2018, the company’s then management revealed that legacy losses were far higher than what was showing on the books and that this could be in the region of AED 4 billion. 

It was in April 2022, that the Dubai Court of Appeal ordered the appointment of an external accounting expert to evaluate the company’s financial position and to clarify the reasons that led to the stopping of debt payments. The report was submitted, which confirmed the ability of the companies to implement the restructuring plan.

According to the construction industry sources, a 90 per cent write-off may be unprecedented, but Drake & Scull could provide the proof required that it could remain a going concern without the debt overhang, it can be considered. If most creditors and lenders are bought into the company's plan, that is extra credibility. Thus, the upcoming verdict will be quite influential for future cases too.

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The UAE and Saudi Arabia Central Bank will Work Together on the Supervision and Regulation of the Insurance Sector.

The Central Bank of the UAE has signed a preliminary agreement with the Saudi Central Bank known as Sama, to establish a general framework for the supervision of the insurance sector in both countries.
 
As part of the Sama agreement, both countries will exchange supervisory and regulatory information related to solvency rules, the calculation of technical allocations, investment policy rules, and procedures related to supervision, follow-up, and enforcement of regulations on insurance companies, including cross-border companies. The countries will further exchange information related to suspicious activities, fraud in the insurance sector, money laundering, and terrorist financing.
 
This MOU is part of an agreement signed by the two countries on financial services and market regulators to promote mutual cooperation and common interests in the supervision and regulation of the insurance sector. The regulators will come together in the implementation of international standards in their markets, in addition to the standards and recommendations issued by the International Association of Insurance Supervisors and the Islamic Financial Services Board.

The cooperation will extend to:

1.Exchange of supervisory and regulatory information, including those related to solvency rules.
2.The calculation of technical allocations, investment policy rules, and procedures related to supervision, follow-up, and enforcement on insurance companies, including those with cross-border operations.
3.Exchange of information related to suspicious activities, fraud in the insurance sector, money laundering, and terrorist financing.
4.There will also be joint activities in organizing training, exchanging experiences in the areas of licensing, and coordinating the implementation of standards and recommendations issued by relevant international organizations.
 
This initiative will strengthen the integrated economic system between the two countries in the insurance sector.

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UAE Ministry of Justice to enforce judgments of the English Court

On 13 September 2022, the UAE Ministry of Justice called upon the Dubai Courts to enforce judgments of the English Courts in the UAE. Judge Abdul Rahman Murad Al-Blooshi, Director of the International Cooperation Department of the Ministry of Justice, issued an official communication to His Excellency Tarish Eid Al-Mansoori, Director General of the Dubai Courts, confirming the enforcement of judgments in the UAE issued by English Courts based on the principle of reciprocity.

In the past, English Courts were historically reluctant to enforce UAE-issued judgments, and the UAE courts had for decades not applied the principle of reciprocity to the enforcement of English judgments. 

The English High Court’s recent decision in Lenkor Energy Trading DMCC v Puri (2020) EWHC 75 (QB), was an appreciated development. 

In this ground-breaking case, the High Court enforced a ‘bounced cheque’ judgment of the Dubai Court of Cassation. The High Court ruled that the Dubai judgment was a final and conclusive judgment of a court of competent jurisdiction and did not offend English public policy.

This important development assures creditors looking to enforce English Court judgments in the UAE. It is an encouraging development in terms of the ongoing judicial cooperation between the English and Dubai courts.

This will also open additional avenues for the enforcement of arbitral awards. Creditors of London-seated arbitral awards may now consider proceeding directly to the Dubai courts after enforcing their awards at the seat of the arbitration under section 66 of the Arbitration Act. 

In conclusion, the Dubai Courts will now recognize and enforce the London-seated arbitral awards in Dubai.

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Emirates Development Bank of UAE to approve a loan of DH 5 million within 5 days to SMEs and start-ups

Emirates Development Bank (EDB) the major financial pillar of the UAE’s economic growth and industrial transformation, is introducing a new lending feature that allows small and medium enterprises (SMEs) as well as start-ups, to apply for loans of up to Dh5 million directly through its Digital Banking App, and receive approval or feedback within five days.
The lending service will be available for the UAE-based small medium enterprises (SMEs) and start-ups operating in one of EDB’s five priority sectors: manufacturing, healthcare, food security, advanced technology, and infrastructure and is available on various tenors of up to 60 months and it can be availed through EDB’s Digital Banking App, powered by leading UAE-based fintech YAP.
This service, in partnership with peer-to-peer (P2P) lending platform Beehive, aims to simplify the ease of doing business in the UAE.
This initiative enables SMEs and start-ups to initiate their businesses, by providing a business bank account and an IBAN within 48 hours and further offering a comprehensive range of fast, secure, and round-the-clock banking services.
Ahmed Mohamed Al Naqbi, CEO of EDB, said that EDB fills a critical gap in the market by providing financing solutions to all companies with a proven potential to contribute to the sustainable development of the UAE. 
He further said that swift access to finance is one of the biggest challenges that SMEs and start-ups face and this partnership of EDB Beehive will now offer SMEs and start-ups quick and efficient access to loans of up to Dhs5m through their digital banking app 
He further added that they were looking to collaborate with fintech companies and financial partners to ease the financing process for SMEs and allow for quick and easy access to the bank’s financial services and this new initiative marks a major milestone for EDB and is in line with their new strategy, supporting small businesses that operate across our priority sectors.
Craig Moore, founder, and CEO of Beehive stated that their partnership with EDB will be the key factor in increasing the accessibility of financing to SMEs, enabling growth and providing more opportunities. Combined with their market-leading products, this partnership aims to ease the financial burden for business owners, facilitating inclusive economic prosperity for SMEs across the UAE.
Masood Khan, YAP UAE CEO, commentated that their partnership with EDB showcases how they are reimagining and modernizing our business-lending proposition, providing new opportunities for SMEs and promoting profitable growth. By assisting the entire SME ecosystem and community, YAP and EDB are purely digital SME-lending players, focusing on customer needs, innovative product features, and outcomes. 

For any enquiries or information, contact info@thelawreporters.com or call us on +971 52 644 3004 

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Cryptocurrency is targeted to be regulated by the UAE government under Anti-Money Laundering and Anti-Terror Financing rules

Under Law No. 4 of 2022, VAL (Virtual Assets), cryptocurrency is a “digital representation” and not recognized as a currency. They can be digitally traded or transferred or used as an exchange or payment tool or for investment purposes. 

 Many countries around the world have been trying to legislate cryptocurrency, which in its essence has still not been understood properly. Cryptocurrency, unlike official currencies, does not require a central institution, and all banking communications in such transactions are encrypted in a “distributed ledger” called a blockchain. 

Due to unknown identities in cryptocurrency transactions, money laundering and terror financing seem to be common. Anyone can likely invest through cryptocurrency in real estate with a false identity. Hence in times of criminal offences, unregulated identities can easily escape due to the unrecognized nature of the transaction.  

According to the latest statement, cryptocurrency is targeted to be regulated by the UAE government under anti-money laundering and anti-terror financing rules. The Ministry of Justice and the Ministry of Economy together with the UAE Financial Intelligence Unit (FIU) have introduced the “new reporting criteria”. 

What all transactions come under the New Reporting Criteria?

The Ministries reported that all brokers, law firms, and real estate agents are obligated to file reports to the FIU for “purchase and sale transactions of freehold real estate properties” in the UAE that includes any of the below three methods of payment (whether for the entirety of the property value or portion):

● Payments that include the use of a virtual asset

● Single or multiple cash payment(s) equal to or above Dh 55,000

● Payments where the fund(s) used in the transaction were derived from a virtual asset

New criteria for reporting real estate transactions

Some new criteria as reported by the UAE government for all real estate transactions have been listed below:

● All real estate agents, law firms, and brokers must also record the identification and other pertinent documentation of the parties engaged in the transaction.

● Private individuals and corporate entities that purchase or sell real estate in the area must comply with the reporting requirements.

Are there any risks to the economy post this law?

Sometimes due to unanticipated shifts in a recovering economy, commercial laws and rules on unstructured systems might have temporary repercussions. However, due to legality and integrity, such planned twists tend to be effective. Due to Covid-19 and a serious drop in oil prices, UAE’s economy experienced a double shock last year. 

Real estate activities are estimated to generate about 5. per cent of the UAE’s overall gross domestic product (GDP) annually. According to experts, such a law may bring a temporary slowdown in the real estate sector, producing nearly Dh 150 billion investment in just half of 2022. 

On the other hand, with the notion that any law must be looked at its long-term effects, were to combat illicit payments, money laundering, terror financing, and even malpractices by businesses, this upcoming law sounds reasonable. It also acts as a test for transaction history to be reported to FIU for future commercial offences and data storage. Hence, short-term shocks could be beneficial to in the long-term to regulate an already unregulated industry. 

For any enquiries or information, contact info@thelawreporters.com or call us on +971 52 644 3004 

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UAE Government Agencies Will No Longer Utilize E-Dirham

The e-Dirham system is an effort initiated by the Ministry of Finance of the United Arab Emirates in 2001 to provide an official electronic payment platform for collecting revenues and service fees by government and semi-government organizations.

The main aim of launching the E dirham was:

  • Reduce currency exchange and manual (hand) processing of transactions by government employees in tax collection divisions.
  • Modernize, progress technologically, and secure the revenue collecting system to prevent theft and counterfeiting. 
  • Provide a tracking system beginning with money collection and concluding with automatic transaction verification.
  • Construct a financial database with comprehensive statistics reporting
  • To streamline transactions for the UAE government. 
  • To provide reporting tools for senior management to analyze and monitor activities and improve decision-making. 
  • To increase government officials' productivity by automating collection chores, so freeing up staff to serve the public; and
  • Provide prompt and uninterrupted service to residents, and extend service hours

For many years, the E dirham has become an indispensable commodity for most UAE residents. The Ministry of Finance of the United Arab Emirates announced on the 17th of August 2022 that the government of the UAE would progressively discontinue accepting eDirham payments for their services over the subsequent three months. On Twitter, the ministry announced that the eDirham platform would soon be retired and that, going forward, customers will be able to pay for government services through foreign payment methods that the UAE has approved. Transactions may be made more efficiently using the cashless payment method known as eDirham. According to the website of the ministry, eDirham has been creatively revamped to give customers an experience that is easy to understand, transparent, and secure. Customers can now make payments using an intelligent app and eDirham cards, which have several user benefits due to the new and improved system.

eDirham has also been integrated with other banks to provide customers with additional options and benefits, as well as to improve customers' overall quality of life by providing government agencies with access to a modern and integrated payment system that can; be used to collect payments and manage cash flow. eDirham has also been integrated with other banks to provide customers with additional options and benefits.

Now, Customers have access to the following forms of payment at their disposal:

  • Samsung Pay
  • Apple Pay
  • Bank transfers
  • Debit and credit cards 

In conclusion, it is necessary to understand that the primary focus of the United Arab Emirates has always been on enhancing the standard of living throughout the country and bringing it up to date technologically. The process has become less laborious even though the EDirham service has significantly benefited the locals. Now that payments can be made by means such as Samsung pay and Apple pay, which are readily available on most smartphones, the process can be completed more quickly.

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Tips to Manage Small Business Finances

Starting a business itself is challenging, and many small start-ups find it difficult to make it in the long run. It is essential to make every step calculatingly and carefully to make a business successful, whether small or big. One of the vital steps to creating a successful business is managing finances.
No matter how good the product or service, if the company cannot handle its finances, creating a profitable business can be a far-fetched dream.
 In this article, we have tried solving this issue and listed down a few tips to help manage small business finances.

1. Prioritize business financial planning 

It is one of the essential steps to managing small business finances. The essential components of managing a small business’s financial planning are:
Accounting,
Budgeting,
Tax planning,
Future prediction, and
Risk management.
A small business that desires to continue to develop, innovate and attract employees must prove that they are willing to invest in the future. 

2. Layout tax payments
Maintaining correct tax records is essential to managing finances for a small business. 

3. Monitor the books
It is an essential practice to track the finances of the business. The small business owner must review and monitor the book regularly, even if they are working with a professional bookkeeper. It will keep track of the finances spent & also avoid potential financial crime.

4. Budgeting
Creating the right budget plan is a great way to manage finance for small businesses. It will completely change how to manage small business finances and help in achieving financial goals sooner than expected. A budget will accurately forecast the revenue it will generate & also identify the unnecessary expenses.

5. Do not be afraid of taking loans
Many small business start-ups fear that taking a loan will put them in a debt trap. But this is not true; borrowing money will help businesses tackle unforeseen expenses. No matter how planned and skilful the small business manages finances, even a tiny disruption and volatility in the market will make it hard for the company to meet any working capital requirements.

6. Optimizing the payroll process
While managing small business finances, it is also necessary to think about the best ways to optimize the payroll process. One of the best ways is to choose the right payroll software to ensure the salary is deposited directly into the employer’s bank accounts. It will help manage cash flows better and eliminate the chances of different employees depositing their cheques at distinct times;

7. Improve inventory analysis
Managing business inventory is the fundamental building block of the company’s longevity. An organized checklist will put the entire supply chain on the right track. Unorganized one will cause problems like Mis-shipments, Out of stocks, overstocks, financial inefficiencies

These are a few tips on managing small business management & these tips may help the business run smoothly. Small business owners have to handle many tasks, and sometimes it can be hard to manage their finances. In such cases, taking the help of an external professional expert is a wise decision. 

For any enquiries or information, contact info@thelawreporters.com or call us on +971 52 644 3004 

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Buy Now Pay Later (BNPL) Legalities in UAE

With the surge in e-commerce shopping platforms, buy now, pay later (BNPL) services are picking pace in the UAE. Offering flexible instalment plans and lower interest rates, these platforms are making shopping more accessible and affordable for consumers across the region. The platforms that let you buy now, and pay later in the UAE are - Tabby, Spotti, Postpay, Tamara, Cashew Payments, Aramex Smart, Rise, and Afterpay.

BNPL service is an instalment loan that allows you to split your purchase into several equal payments. In some cases, you have to pay a certain amount upfront, whereas other services allow you to simply check out and pay later.

Emergence of BNPL
This digital revolution presented an opportunity for e-commerce businesses to develop, adapt, and thrive. This is where BNPL came in, giving the ability to add value for merchants and consumers in the e-commerce business at a time when it was needed the most. The idea of deferred payments grew naturally appealing during the pandemic because of widespread financial insecurity. With BNPL platforms consumers could continue to buy but now have the option of paying in instalments to preserve their personal cash flow at no additional expense. Furthermore, the concept alleviated the burden of cash on delivery (COD) payments, which amounted to more than 60% of e-commerce sales in the region before the epidemic.

Importance of BNPL
In these times of economic instability, and as the pandemic continues to wreak havoc worldwide, BNPL solutions are eclipsing credit cards more conveniently and transparently to fund transactions. Over the last two years, e-commerce has developed, and with the epidemic forcing consumers to shop from behind their screens, it has aided BNPL’s popularity. Digital BNPL shopping is new to the region, where consumers have typically been wary about paying for items before receiving them.

BNPL is creating the future of digital payments worldwide
As the pandemic raged on, our worlds shifted towards online platforms, accelerating e-commerce adoption around the world. In fact, in the middle east alone, customers purchase online 50% more than before the outbreak.

BNPL effectively handles today’s most familiar consumer difficulty: the need for rapid pleasure, which is hampered by the inability to pay in advance. BNPL creates a balance between the desire for immediate purchasing and the necessity for long-term budgeting. Hence, customers spend more but feel much better about it because they can extend the payment over time with no interest or fees. This pattern is directly influencing the conversion and increasing basket sizes at the checkout. Consumers turn to it as their preferred payment method. More than 60% of Millennials do not have credit cards in their names.

Consumers in their twenties and thirties are crucial audiences for BNPL platform. They earn money and want to spend it, but they are also becoming more knowledgeable and take budgeting safeguards. As a result, around 67% of Millennials currently use BNPL services. These platforms not only resonate with the consumer’s personal experience, but they also serve as a mechanism to fuel e-commerce growth in the region and assist merchants in surviving, if not thriving, in the face of a pandemic.
As time goes on, it becomes clear that BNPL is here to stay for the long term. Key global corporations have expressed interest in the regional market and local players. BNPL will become the standard across e-commerce platforms, as the digital payment environment evolves. The BNPL revolution is here, and it is time for consumers and merchants to participate in and reap the rewards.

For any enquiries or information, contact info@thelawreporters.com or call us on +971 52 644 3004 

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Corporate Tax in the UAE

The UAE has introduced Corporate Tax from Financial Year 2023, in the UAE Corporate Tax is a form of direct tax imposed on net income or business profit. The UAE introduced this tax with the aim of strengthening the country’s position as a leading global centre for business and investment, in addition to accelerating the country’s development and transformation to achieve its strategic goals and renewing its commitment to meeting international standards of transparency tax and prevent harmful tax practices.

Corporate tax will apply in the country for financial years starting on or after June 1, 2023, for example:

Businesses whose financial year begins on July 1, 2023 and ends on June 30, 2024, will be subject to corporate tax in the UAE from July 1, 2023 (which is the start of the first financial year starting on or after June 1, 2023)

Businesses that have a financial year (calendar) starting from January 1, 2023 and ending on December 31, 2023 will be subject to corporate tax in the country as of January 1, 2024 (which is the beginning of the first financial year starting on or after June 1, 2023).

Foreign entities and foreign individuals will be subject to corporate tax in the country only if they carry out a commercial activity or a continuous or regular business activity in the land of the United Arab Emirates.

Given below are the further details on the implication of the Corporate Tax- 

The rate of corporate tax-

• 0% for taxable income up to AED 375,000.
• 9% for taxable income over AED 375,000.

The entities that will be subject to corporate tax-

• All business and commercial activities within the United Arab Emirates.
• Income earned by an individual with a business license.
• Businesses established in free zones and which operate within the state.
• All banking operations (details will be provided later).
• Companies involved in real estate, construction, development, estate agencies, and brokerage activities.
 Entities that are exempt from corporate tax-
• The federal government, the governments of the Emirates, their departments, authorities, and other public institutions.
• Companies working in the field of extracting and exploiting the natural resources of the United Arab Emirates that are subject to taxes at the emirate level.
• Charitable societies and other public benefit institutions that are listed in the Cabinet Resolution.
• Public and private social insurance and pension funds.
• The individual’s salary or other income earned from the job.
• Investment in real estate by individuals in their personal capacity.
• Individuals’ income earned from the investment is taxable to the individual.
• The freelancer, unless his annual net income exceeds 375,000 dirhams.
• Interest and other types of income from bank deposits or savings programs that individuals earn for corporate tax.
• Eligible transactions between companies in the same tax group.

Businesses to register for Corporate Tax and the deadline for filing a tax return-

• A business must register for corporate tax (details will be provided later).
• It is mandatory to file a tax return for each financial period.
• The consequences of not complying with the corporate tax system-
• As with other taxes levied in the UAE, businesses will be subject to fines for non-compliance with the new corporate tax system.

Even with the introduction of the corporate law being pretty new to everyone, At AM Audit, we are knowledgeable in matters of auditaccounting and taxes and we will be glad to guide your business through the new era. 

The introduction and implementation of Corporate Tax in the UAE will be like treading unchartered waters and we understand the business’ need a comprehensive plan to navigate through these tough times. At The Law Reporters, we connect our readers with Law Firms and Tax Consultants who assist in providing a complete business plan which will prepare them for future uncertainties. 

For any enquiries or information, contact info@thelawreporters.com or call us on +971 52 644 3004 

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Decriminalisation Of Bounced Cheques In UAE

The UAE government has formulated certain amendments to the commercial transactions law that decriminalizes bounced cheque cases, wherein the drawee will not have to undergo the inconvenience of first filing a Criminal Case against the drawer and then filing a Civil Case to avail the funds, from now on the drawee can directly proceed towards the execution against the drawer of the cheque. The benefit of such decriminalization of bounced cheques has been provided under the Federal Decree No. 14 of 2020 Commercial Transactions Law (“the decree”) which came into force on 2nd January 2022 and repeals provisions of Articles 401, 402, and 403 of the Federal Law No. 3 of 1987 concerning the Penal Code governing the offense of bounced cheque.

The UAE Penal Code earlier allowed the criminal courts to dishonour a cheque by the drawer for any reason to be a criminal offence, which would be punishable with imprisonment or deportation and fines. However, the new decree clearly specifies that pursuing a criminal remedy for a bounced cheque offense will not be available only if the cheque is bounced due to insufficient funds, and the drawer will have the right to be liable for civil claims

This new amendment comes as an initiative of the UAE government to boost the economy affected by the pandemic, especially in the private sector. Other than changing the bouncing of cheques from a criminal offence to a civil offence, the amendment also mandated partial payment of cheques. However, bounced cheques due to insufficient funds in cases of fraud, forgery and ill faith is still a criminal offense under the Commercial Transaction Law.

This amendment is consistent with the desired goal of replacing decriminalization with preventive measures and milder alternative penalties to reduce the misuse of cheques. Moreover, this amendment will also prevent the accumulation of cheque-related cases in civil and criminal courts. The major changes due to this amendment are as follows: -

1. Reduced Scope of Criminality : The new amendment has narrowed down the scope of criminality in cases of bounced cheques. As per the amended laws, the only situations which would invite criminal procedure in case of bounced cheques due to insufficient funds include: 
a. Intentional falsifying of cheque passed in ill faith.
b. Cheque passed with intention of fraud where the issuer of a cheque might sign a cheque of a particular amount but then issues directions to the bank to not pay the cheque amount to the issue. However, the signature on the cheque is real/ genuine and is a clear acknowledgment of the debt that the issuer owes to the issue.
c. Passing counterfeit/ fake cheques. In this kind of cheque, the signature itself is fake or copied.
d. Withdrawing the account balance before the cheque is passed/ encashed by the issue to prevent the cheque from being cleared.

2. Partial Payment of Cheques : As per the new amendment, partial payment of cheques is now a mandatory exercise. The concept of partial payment applies when the amount available for payment in the bank account is less than the amount provided in the cheque. The issue can then ask the bank of the issuer to give the partial amount of the cheque and the rest the issue can claim through legal proceedings in civil court.  The bank of the issuer also needs to provide the issue with the issuer's details such as the passport number, trade license details, and contact details (including phone number and address). Furthermore, in the case of partial payment of cheques, the Court can issue an order against the issuer to pay either the entire cheque amount or the remaining amount of the cheque to the issue.

3. Revised Penalties : The penalties which were revised and imposed after the amendment are as follows: -

--Whoever endorses or passes a cheque while knowing that there is insufficient balance to pay the amount mentioned in the cheque or that the cheque will not be passed, shall be subject to a penalty of 10% or more of the cheque value, no less (subject of minimum value of AED 1,000 & no more). The repetition of the same offense invites the penalty to be doubled.

--The individual convicted of breaching this law has his cheque book withdrawn and is also prohibited from availing any other cheque book for the next five years.

--If the individual who is convicted of breaching the law does not surrender his cheque books within fifteen (15) days to their respective banks within 15 days of being notified by the Court, they shall be subject to a fine of no less than AED 50,000 but no more than AED 100,000.

--Also, any bank that violates the order passed by the Court in the case of the convicted individual shall be subject to a penalty of AED 100,000 and above but no more than AED 200,000.

Article 641/2 bis 2 of the new Federal Law No. 14/2020 stipulates that in the event;

1. The drawer closed the account or,
2. The drawer withdrew all funds from the account, prior to issuing a cheque or prior to presenting it to the drawee for payment or,
3. The account has been frozen,

the drawer will be punished by imprisonment for a period of not less than six months and not exceeding two years, and a fine of not less than 10% of the value of the cheque and of a minimum of AED 5,000 and not more than double the value of the cheque, or by either of these penalties.

The court will have the absolute discretion to implement this provision on bounced cheques. 

Even though Articles 401, 402, and 403 of the Federal Decree No. 3 on the Penal code have been revoked, this does not mean that the bounced cheques will be decriminalized or that the drawer will not be subjected to imprisonment.

In practice, legal proceedings in relation to a bounced cheque in the UAE differ from one case to another, and several factors must be taken into consideration including the amount of the cheque and the reason the cheque was bounced. Generally, the courts will apply a fine instead of a jail sentence in cases where the amount of the cheque is small but the courts will still apply imprisonment as a punishment if the amount is high.

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Analysis of the virtual asset regulation authority in UAE

Emirate of Dubai Law No. 4 of 2022 on the Regulation of Virtual Assets established the Dubai Virtual Assets Regulatory Authority ("VARA") ("VAL"). This groundbreaking law demonstrates Dubai's ambition to become one of the leading jurisdictions for entrepreneurs and investors in blockchain technology by establishing a legal framework for businesses dealing with virtual assets such as crypto assets and non-fungible tokens (NFTs).

The Dubai Virtual Asset Regulatory Authority (VARA), which is a linked agency of the Dubai World Trade Centre, will focus on virtual asset service providers' compliance and disclosures in the United Arab Emirates (UAE). The new organisation will also oversee the UAE's cryptocurrency licencing system.

These crypto licences are only available to firms having a commercial presence in the UAE. In addition to crypto exchanges, VARA monitors the activities of custodians and asset managers in the cryptocurrency area.

Before the conclusion of the first quarter, Dubai authorities were working on developing a virtual asset licencing scheme. According to rumours at the time, the construction was the result of a cooperation between Binance, the world's largest cryptocurrency exchange, and the Dubai World Trade Centre.

A virtual asset transaction at the Dubai International Finance Centre is not included in the scope of applicability of the Virtual Asset Liability Act (DIFC). The DIFC, a well-known free zone in the United Arab Emirates, is supervised by the Dubai Financial Services Authority, which has its own regulatory framework for virtual assets.

"Virtual asset" is defined as "a digital representation of value that can be traded, transferred, used as an exchange or payment tool, or for investment purposes," and "virtual token" is defined as a "digital representation of a group of rights that can be issued and traded digitally through a virtual asset platform," according to the Virtual Assets Law (VAL) (a platform operated by a virtual asset provider licenced by VARA).

VARA's key characteristics include 

VARA will have legal standing, as well as financial and administrative autonomy, as well as the legal authority to protect and regulate virtual asset service stakeholders. The Dubai World Trade Centre Authority will be associated with VARA.

VARA is in charge of regulating, controlling, and managing virtual asset and NFT issuance, offering, and associated disclosure activities.

Working with other government agencies, such as the UAE Central Bank, VARA will define a code of ethics, a general policy, and strategic objectives, as well as supervise the implementation of the UAE Virtual Assets Law. The Virtual Asset Regulatory Authority, on the other hand, will not regulate virtual asset services at the federal level. A violating entity may be subject to fines and sanctions, which may include the suspension of VARA's authorization for a period of six months if the violation is found.

Any natural person or legal organisation that provides virtual asset services must be licenced.

1. obtained a VARA licence,

2. based in the Emirate of Dubai

3. has a trading licence from the Emirate of Dubai's competent commercial authorities.

One of VARA's responsibilities is to monitor virtual asset trading activities in order to detect and prevent price manipulation, as well as to maintain high standards of personal data protection. VARA is expected to provide VAL implementation decisions, which will include a definition of associated activities, exempted virtual assets, licencing procedures and fees and charges, virtual asset custodians, digital wallets, tokenization and trading, and other related activities, in the near future.

Dubai's government has long embraced the use of cutting-edge technology to retain its status as a leading jurisdiction in the region and worldwide. To increase growth and development possibilities, the government has been effective in the early adoption of new technologies such as blockchain and artificial intelligence.

An MOU signed between the Securities and Commodities Authority ("SCA") and the Securities and Exchange Commission ("SEC") was announced in the fourth quarter of 2021. The Securities and Commodities Authority (SCA) is the UAE's federal securities and commodities regulator, and this MOU was signed between the SCA and the Dubai World Trade Centre Authority. The Dubai World Trade Centre ("DWTC") is planning to become the complete free zone and regulator for the whole spectrum of virtual assets, including crypto-related assets and NFTs, by the end of the year. Dubai's goal is to become a premier jurisdiction with a well-established framework for enterprises that provide, issue, list, and trade crypto assets.

The Emirate of Dubai has issued Law No. 4 of 2022 on the Regulation of Virtual Assets ("VA Law"), which applies to all free zones and special zones in Dubai, with the exception of the Dubai International Finance Centre, which has its own regulatory framework for virtual assets. Let's have a look at this historic legislation for individuals who want to understand the effects of the VA Law on Dubai's rapidly growing digital innovation sector.

Important Takeaways

Following its publication in the Official Legal Gazette of the Government of Dubai on March 11, 2022, the Act came into force. The Dubai Virtual Assets Regulatory Authority (VARA) will be established at the Dubai World Trade Center (DWTC). When the VARA is fully operational, it will be a legal entity with independent legal competence and a connection to the DWTC Authority.

According to the VA Law, a virtual asset, which includes Virtual Tokens and any other digital representation of value as determined by VARA (the "Virtual Asset"), is defined as a digital representation of value that can be digitally traded, transferred, used as an exchange or payment tool, or invested in.

Before engaging in Virtual Asset activity, any natural person or legal entity wishing to do so must first get a licence from the Virtual Asset Registration Authority (VARA).

The VARA's mission will be to govern virtual assets in the Emirate of Dubai, as well as to safeguard and regulate the players in this important industry.

The task will entail, among other things, coordinating with UAE federal agencies such as the Central Bank, issuing an ethics code, suspending and penalising Virtual Asset Service Providers, and issuing a code of ethics.

We anticipate that implementing rules will be released in due course; the legislation does not specify a specific time range, but the VA Law does provide the VARA with the authority to create further regulations without having to publish them in the Official Legal Gazette.

The VA Law is undoubtedly one-of-a-kind and a boost to Dubai's image as an early user of technologically innovative technologies.

The purpose of this article is to offer a broad overview of the topic. Regarding your individual situation, you should get professional guidance.

The Dubai Virtual Asset Regulation Law aims to provide a sophisticated regulatory framework that protects investors' interests and establishes worldwide standards for virtual asset sector governance, resulting in responsible company development. With the exception of the Dubai International Financial Centre, Article 3 says that the law's provisions should apply across the Emirate of Dubai, including special development zones and free zones (DIFC).

Through collaboration with the Central Bank of the UAE (CBUAE) and the Securities and Commodities Body, the Virtual Asset Regulatory Authority (VARA) is formed as a competent authority to monitor virtual asset services and promote regional and worldwide leadership in the sector (SCA). The authority's main responsibilities, according to Article 6, are to regulate, licence, and supervise virtual asset service providers and the issuance of virtual assets and tokens; to set the rules and controls for virtual asset activities; and to ensure the highest standards of protection for beneficiaries' personal data (DDA).

Article 15 specifies that any natural or legal entity wishing to participate in virtual asset operations must first get authorisation from VARA and then establish a commercial presence in Dubai. Furthermore, Article 16 outlines a number of activities that are subject to VARA's authorization, including operating and managing virtual asset platforms services; exchange services between virtual assets and national or foreign currencies; exchange services between one or more forms of virtual assets; virtual asset transfer services; virtual asset custody and management services; services related to the virtual asset portfolio; and services related to the o VARA has the jurisdiction to suspend permits for up to six months, rescind permits, or cooperate with the appropriate commercial licencing body in Dubai to terminate the breacher's business licence.

The legislation was announced on the same day as the US's Executive Order on Ensuring Responsible Development of Digital Assets, indicating the UAE's determination to obtain a head start and establish itself as a worldwide leader. We anticipate Dubai to become a virtual asset centre in the long term since the legislation has built a firm basis for all stakeholders to be protected and the virtual asset market to continue to expand steadily. The regulation will also let Binance and the Dubai World Trade Centre Authority (DWTCA) work together to develop a new international virtual asset ecosystem in Dubai, which is projected to promote long-term economic growth via digital innovation. In addition to Dubai, the SCA of the United Arab Emirates recently declared that the federal-level authority is nearing completion of the regulatory and supervisory framework for virtual assets produced for investment purposes. As a consequence, regulated exchanges and local competent authorities on the UAE mainland would be able to "apply for a licence for virtual assets exchange subject to the Authority's approval and compliance with all of the Authority's laws and procedures."

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An introduction to the UAE Corporate Tax (CT) law

Corporate tax is a tax on the profit of the business not on the sale value. The UAE Corporate tax regime will become effective for financial years starting on or after 1 June 2023. For example, if your financial year is January to December, you will come under tax purview from January 2024. 

What is the difference between VAT and CT?

VAT is a consumption tax to be paid by the “Consumer”. VAT is collected from customers and paid to the Government. So. it is not a tax on your income. Whereas CT is to be paid only if you earn. So to summarize 
• VAT to be paid when you SPEND
• CT to be paid when you EARN

Applicability of Corporate Tax:

UAE CT will apply to all UAE businesses and commercial activities alike, except for the extraction of natural resources, which will remain subject to Emirate-level corporate taxation. All activities undertaken by a legal entity will be deemed “business activities” and hence be within the scope of UAE CT

Is CT applicable to foreign companies?

Yes. They are only applicable if they conduct a trade or business in the UAE in an ongoing or regular manner.

Is it applicable to Individuals?

Not applicable to individuals who 
 Are earning Salaries
 earn dividends, capital gains, income from shares, etc.
 who invest in real estate in their individual capacity

Any business sector is exempted from Corporate Tax?

Businesses engaged in the extraction of natural resources will remain subject to Emirate level corporate taxation and be outside the scope of the UAE CT.

Rate of Corporate Tax:

The CT rates are calculated on Adjusted profits and are as follows.
• 0% for taxable income up to AED 375,000 (Net profit)
• 9% for taxable income above AED 375,000; and 
a different tax rate for large multinationals that meet specific criteria set with reference to 'Pillar Two' of the OECD Base Erosion and Profit Shifting project

How Adjusted Profits are calculated?

Profit for the purpose of Corporate Tax is, as reported in the financial statements, that are prepared in accordance with Internationally accepted accounting standards.
Many clarifications are awaited from the government. However, typically the following adjustments are made in any Tax regime (illustrative purpose only)
1. Shareholder’s/Partner’s salaries & benefits (beyond limits if any set by the government) 
2. Certain entertainment expenses
3. Deprecation expenses beyond eligible rates
4. Expenses not incurred but provisions made (for example, provision for Bad debts)

What if there is a loss?

The businesses are allowed to carry forward the losses and setoff against subsequent year’s profits

Tax for free zone companies

Free zones that do not conduct business with Mainland are exempt from tax (including Financial free zones). It means Free zones that conduct business with the mainland will be subject to tax.
Free zones companies that are exempt from tax, are also required to register and file the returns
If a free zone conducts business partly with mainland companies and partly within the free zone, is the income taxed proportionately?  Clarification is awaited on this point. 

Do we have a lot of time to prepare ourselves?

It is to be noted any review of financial performance or results are compared with earlier periods. Any significant variations from earlier years may draw the attention of authorities and may result in investigations or scrutiny. Any unexplained entries may be treated as income by authorities. There will be a requirement to file returns annually and it is the responsibility to ensure the accuracy, truth, and fairness of declared figures. 

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UAE: Cryptocurrencies and virtual assets, what do you need to know about VARA 2022 ?

Trying to make sense of the upcoming cryptocurrency laws in the UAE? First of all, you’re not alone in your confusion. These laws are complicated, and the name Virtual Asset Regulatory Authority doesn’t exactly roll off the tongue easily. Here’s everything you need to know about VARA and how it affects cryptocurrencies and other virtual assets in the UAE.

What is VARA?

The Virtual Asset Regulatory Authority (VARA) was established by Law No. 8 of 2018. It regulates activities related to virtual assets in the UAE and provides a comprehensive regulatory framework for investors, developers, exchanges and service providers in order to ensure consumer protection as well as the sustainable development of these activities. All relevant business entities operating in or from Dubai will be required to obtain authorization from VARA prior to commencing any regulated activity. 

This applies whether they are incorporated or located outside of Dubai. Businesses that have been granted authorization by VARA will be issued with a license that is valid throughout all emirates of the UAE, enabling them to operate across borders with greater ease than those businesses that have obtained authorization solely within their own emirate.

Legalities surrounding Crypto Currencies and Virtual Assets

The UAE has recently published a new law, as per Federal Decree No. 7 of 2018. This decree forms part of a framework called the Virtual Asset Regulatory Authority (VARA), which will be responsible for regulating cryptocurrency and virtual asset activities in UAE from 2021 to 2022. 

One of its objectives is to protect investors from fraudulent schemes that have been proliferating across various countries around the world. It also aims to protect consumers from being exposed to risks related to virtual asset trading platforms, such as money laundering and terrorist financing. The Virtual Asset Regulatory Authority is one of several measures taken by Abu Dhabi Global Market (ADGM), a financial free zone in Abu Dhabi, the United Arab Emirates that supports innovation within financial services and technology through regulatory initiatives and strategic partnerships with leading industry players. ADGM was formed by merging two existing entities; the Financial Services Regulatory Authority (FSRA) and Securities & Commodities Authority (SCA). The Virtual Asset Regulatory Authority will regulate virtual asset service providers operating in ADGM’s territory and ensure compliance with applicable laws. All virtual asset service providers are required to register themselves with VARA before operating in ADGM’s territory.

A closer look at Crypto Currencies

The world of cryptocurrency is moving quickly. The Virtual Asset Regulatory Authority (VARA) was announced in September 2018 by the UAE Ministry of Finance with a target launch date of January 2020. Until then, how does one navigate through all these evolving changes that affect businesses as well as individuals using virtual currencies or virtual assets like Bitcoin? This guide will help you understand what you need to know now so that when VARA comes into effect, your business can continue to thrive.

What are Crypto Currencies?

The concept of virtual currency can be understood as a digital representation of value that can be traded digitally. In practice, the virtual currency is:

a medium of exchange; and/or 
a unit of account; and/or 
The currency acts as a store of value and has no legal tender status (i.e., when tendered to a creditor, is a valid and legal offer of payment) in any jurisdiction.

For example, Bitcoin is a type of cryptocurrency. Other types include Ripple, Litecoin, Monero and many others. Within the Bitcoin network and blockchain, there are also other coins such as Ether (Ethereum), which has its own unique blockchain and functionality. It should be noted that many jurisdictions still require additional licensing or regulatory filings to operate certain businesses involving crypto-currencies or tokens such as securities exchanges, brokerage firms dealing with crypto-currencies or token offerings, traders of crypto-currencies or tokens under specified circumstances, etc.

What does the UAE Central Bank have to say about Cryptocurrencies and Virtual Assets?

As a general comment, we would say that these new developments carry associated risks. We also note that some of these may not be legal in all jurisdictions or permissible under sharia law. Additionally, several authorities, including central banks, regulators and financial sector entities, are evaluating possible regulation of virtual assets or similar instruments. 

The UAE Central Bank will continue to monitor developments in relation to cryptocurrencies and virtual assets, along with other emerging innovations. The Bank will take action as appropriate if it identifies any specific threats arising from such activities for market integrity or consumer protection.

Binance 

In May 2018 The Central Bank of Dubai issued a regulatory framework for virtual currency firms dealing with digital coins. In July 2018 Binance received a warning from UAE’s financial watchdog, stating that cryptocurrency exchanges are required to be regulated within 90 days or else face criminal penalties. Businesses working in all industries must comply with the UAE’s local regulations in order to operate in Abu Dhabi.

Top Cryptocurrency Exchanges in UAE

With over a million registered users on their platform and handling billions of dollars in trades per day, Binance is currently one of the largest exchanges in all markets. The company was founded by an ambitious cryptocurrency enthusiast Changpeng Zhao, who brought his unique experience from both Wall Street as well as the crypto exchange industry. 

He started his career on Wall Street as a software engineer for the Bloomberg Tradebook Futures Technology team, where he was tasked with building trading systems for the financial firm's hedge funds. He then moved to Tokyo to join OKCoin as CTO before moving back to China and starting his own company - BijieTech - which developed a blockchain-based solution for digital media rights management. In 2017, he decided it was time to start another venture so that he could focus more on blockchain technology development. That's when Binance was born.

Today it’s quite difficult to find a platform where we can buy or sell our digital currency in any country. The best and safest trading platform is Binance which is located in Hong Kong. This platform offers free Sign-Up with no requirements for verification of your account. Besides, it has a lot more features than other cryptocurrencies like Bitcoin etc. With the help of crypto coins, we can easily convert our digital currency into real money & vice versa.

Conclusion

I’m sure we all love money. However, nothing is more precious than time – which can never be replaced. In that case, a careful analysis of your trading results is not just a good idea, but an absolute necessity if you want to ensure that your strategy is profitable in relation to its risks – otherwise, it makes no sense at all! So instead of continuously looking at crypto prices or holding on to a position that clearly isn’t working out over longer periods of time... Why not take advantage of our market expertise?

For any enquiries or information, contact info@thelawreporters.com or call us on +971 52 644 3004 

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Debt Recovery Made Easy In UAE: Processes, Law, And Amendments

“Debt is the money borrowed by one party from another to serve a financial need that otherwise cannot be met outright. Many organizations use debt to procure goods and services that they can’t manage to pay for with cash.” The parties involved in the debt process are known as debtors and creditors, who at all times strive to maintain a healthy relationship between them. However, in certain cases, where the debtor is unable or doesn’t make the repayment of the debt to the creditor, the debt recovery procedures are being resorted to by the creditor.

The debt recovery system of the UAE is not quite amicable because of the non-existence of special courts that deal with financial litigation. This in turn implies that when the creditor acquires services from a lawyer or a debt recovery agent, the proceedings that have to be initiated against the debtor are brought forward to the civil courts (Court of Cessation or Federal Supreme Court).

In order to recover the debt in the UAE, out of court processes for receiving the same are considered to be more favourable, affordable, and effective for the parties. Out of court procedure of debt recovery with the help of a professional service provider involve the following steps which are divided into two types: Extra-judicial procedures and Court settlements.

Extra-Judicial Procedure

  1. All the significant information on the debtor is collected by the agency.
  2. A reminder about the pendency of the repayment of the debt is professionally sent to the debtor. It is pivotal to note that the communication of the reminder can be done only through telephonic calls or emails.
  3. The debtor is then informed about the legal repercussions that they might suffer in case of failure of payment of the debt. 

Court Proceedings

When acquiring the debt is not possible through amicable means, court proceedings have to be resorted to force the payment of the debt.  The significant information that the lender is supposed to know and the procedure to be followed is given as follows:

  • Time Limitation: The fundamental rules concerning limitations of bringing a claim against the debtor in court is given under Law No. 5 of 1985. According to the basic rules stated under this Law, the limitation upon bringing a claim is 15 years, until and unless the otherwise is provided under some specific provision.
  • Bringing a Claim Against Debtor: The first claim to start proceedings of a dispute which is Civil or Commercial should be presented to the Reconciliation and Settlement Committee which strives to settle the claim of debt recovery. If the settlement doesn’t succeed, then the claim is to present before a relevant court of law. The documents required for debt collection and the claim must be in Arabic. If the documents are created in another language, then they have to be translated into Arabic by a translator.

When the claim is brought before the court, the defendant will be informed about it and will be directed by the court to be present for the proceedings. However, if the debtor doesn’t respond to claims, the legal proceedings can be initiated and the court can deliver the judgement in the absence of the defendant. Once a date has been set for the hearing, no further documents are accepted, no new defendant can be introduced.

The option of seeking an Appeal before a higher court (Court of Appeal) is available, and the filing of the appeal ought to be done within 30 days of the date on which the judgement was passed by the Court of First Instance. Further right to appeal before the Court of Cessation is also available. However, certain monetary prerequisites need to be fulfilled. The appeal can only be filed within 60 days of the judgement which was passed by the Court of Appeal.

The parties to the case are allowed to present new facts, defendants and documents before the Court of Appeal. When the Court of Appeal passes it judgement and both the parties don’t appeal or fail to appeal further within the stipulated time period (30 days), that judgement is considered to be the final one.

Amendment

In September 2021 certain amendments were made which simplified the debt recovery process. “One of the most impactful amendments relates to the process of seeking expedited debt recovery judgments, commonly referred to as payment orders. The new Cabinet Resolution 75 of 2021 (the “2021 Executive Regulation”) seeks to remove the risk of creditors having claims rejected in respect of filing a traditional civil claim where a payment order expedited process is required.”

The amendment made to the 2018 Regulations gave rise to the 2021 Executive Regulations. Article 17(8) of the same declares that the Courts, during the period of litigation, can issue payment orders by fulfilling the requirements to a valid payment order which will help both the parties in settling their dispute without making excessive monetary expenditures, and without spending a long time in Courts.

The most effective approach to optimize repayment of a debt is to collect the debt before the commencement of legal procedures. If this can't be done, the lender must pursue all laws diligently and without abusing the debtor. The 2021 Executive Regulations seem to recognize the existence of payment orders for lenders, which is a significant development toward enhancing their usefulness in accordance with the customary judicial process.

For any enquiries or information, contact info@thelawreporters.com or call us on +971 52 644 3004

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UAE to Regulate Virtual Assets to Control Financial Crimes

The Securities and Commodities Authority (SCA) of the UAE announced that it is getting closer to adopting regulations on virtual asset investments. A survey on the sector's money laundering and terrorist financing risks was also assessed by the SCA.

As regional economic competition intensifies, the UAE has been advocating for the development of virtual asset regulation in order to attract new types of industry. The UAE has also strengthened laws in recent years to combat its reputation as a haven for illicit money.

The Financial Action Task Force (FATF) added the UAE to a list of jurisdictions subject to increased monitoring, dubbed the "Grey List," last Friday. Following which, the SCA announced the framework on anti-money laundering and terrorist financing risk.

According to the SCA, it has finished consultations with UAE authorities to make sure that the virtual assets industry complies with FATF principles and criteria.

“The Securities and Commodities Authority is the sole authority in the UAE mainland - except the financial free zones, ADGM and DIFC for  licensing, supervising and overseeing the virtual assets activities and services  issued for investment purposes (not virtual assets issued for payment purposes) as well as monitoring the compliance of the licensees by the Authority with the recommendations and requirements of the Financial Action Task Force (FATF) and in accordance with Federal Decree No. 20 of 2018 on Anti-Money Laundering and Countering the Financing of Terrorism and Illegal Organizations and its amendments and implementing regulations”, the SCA statement said.

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Debt Recovery Laws In UAE : All That You Need To Know

A debt is a financial responsibility incurred by a person or organisation in exchange for a service, a product, a loan, or any other liability with a monetary value. Unless there is a dispute, it is not a negative thing to have debt. Missing a committed payment, bouncing a check, failing to repay loans and agreed-upon markups on time, and missed medical or other service bills are all instances that will result in the debtor becoming a defaulter. This is when the lender retains the services of a debt collection agent or debt recovery firm to assist them in recouping their losses. This article talks about the debt recovery laws in UAE.

Debt Collection in United Arab Emirates

The UAE's debt collection rules are not particularly complex. UAE debt collection procedures might be difficult for a variety of reasons.  It can be extremely difficult for lenders to recover bad debts as the UAE lacks specialist courts for financial litigation, forcing the debt collection lawyer to litigate in civil courts. Due to the lack of specialised financial litigation tribunals, lenders' claims against the debtor are ultimately decided by the Federal Supreme Court or the Court of Cessation. Both institutions and their subordinate institutions are governed by civil law.

How Are Debts Collected In The United Arab Emirates?

  • While UAE law is progressing toward excellence in the implementation of commercial rules, engaging in judicial proceedings is not a popular method of debt collection. This is true not only in the UAE, but throughout the world, where lenders will seek a manner or use an out-of-court procedure to collect their loan. This is frequently more expedient, speedier, and more responsive in terms of debt collection, and costs less than a legal process would.
  • UAE debt collection services can assist lenders in collecting debts outside of court. A reputable debt collection service will gather all available information about the debtor. They then contact the debtor on behalf of the lender in a very professional manner to remind them of their unpaid debts. This type of communication is conducted solely via telephone and email. They attempt to educate the debtor on the probable legal consequences of non-payment of bills on time.
  • The laws governing individuals with financial troubles are governed by 'Article (8) of the Insolvency Law Dubai.' This includes situations in which people in the UAE seem unable to repay obligations such as credit card bills or loans. This new UAE law is not the same as the UAE bankruptcy law.
  • The UAE's current bankruptcy law applies only to UAE-based firms and corporations. Individual debtors, on the other hand, are the focus of insolvency law.
  • Individuals who were unable to settle their debts in the UAE were formerly subjected to disciplinary actions such as travel bans and even incarceration. The new federal law for insolvency in the UAE has substituted this with a more forgiving process that helps defaulters in the UAE to handle their unpaid finances more efficiently. Some of the new amendments that will help in debt relief are -
  1. Individuals who are already in debt or who expect to be in debt in the near future might get legal help.
  2. Place UAE debtors on a three-year repayment plan with the support of specialists to help them pay off their debts.
  3. Provide possibilities for debtors to work and be productive in order to protect them from legal action. This will enable them to support their families, particularly in circumstances where the debtor is the family's sole earner.
  4. Prevent debtors from taking out new loans unless the court orders them to do so.
  • Residents and legal experts alike praised the modifications to the UAE debt law for their good influence on the community. In Dubai, Emiratis and expats that are unable to repay their credit card debts or outstanding debts no longer have to worry about being imprisoned. These individuals can now work to pay off their debts with the help of the UAE government (s).
  • A payment order can be issued during the case management phase of regular civil proceedings if the requirements of a payment order are met and the supervising case management judge has the jurisdiction to issue one, according to Article 17(8) of the 2021 Executive Regulations. These reforms may benefit creditors greatly by resolving cases favorably at the case management stage, before large legal expenditures and a lengthy litigation phase are invested.
  • Furthermore, the 2021 Executive Regulations now stipulate that judges in regular civil cases can make judgments even if a payment order is not available. As a result, creditors should no longer be concerned about their claims being dismissed in traditional court proceedings due to the possibility of payment orders.

Keeping it Legal and Fair

  • It is critical to understand why the lender engages a debt collection firm rather than taking the debtor to court or personally forcing them to repay the obligations. Even though the debtor has failed on their payments, the lender prefers to recover the debt professionally.
  • As a result, the debt collection service must likewise conduct itself professionally when locating and addressing the debtor for collection. This is because debt collectors operate as representatives of the lender, and any unjust or illegal act on the part of the debt collectors can also tarnish the lender's reputation.
  • Collecting debts is not a simple operation, and debt collection firms must have extensive knowledge in order to recover bad debts on behalf of lenders in a professional manner. There have been numerous instances where debt collection agencies' actions were found to be extremely unjust, and instead of resolving the situation, their actions exacerbated the lender's and debtor's difficulties.
  • A seasoned debt collection service in Dubai, would first determine why the loans become bad debts. What reasons contributed to the debtor's inability to pay their debts, was the debtor able to make any previous payments, and what was their payment history? Additionally, they will consider the debtor's present circumstances in order to determine the debt's collection potential.
  • The debt collection agent's duty should be that of a facilitator, not just for their client, but also for the debtor. Each debtor is unique; there will be many individuals who are aware of their obligations to the lender and are working diligently to repay their debts. It is their circumstances that are often unfavourable to them, but with a little assistance, they can begin repaying. A professional debt collector will also function as an arbitrator and mediator in the collection process between the lender and the debtor. They attempt to make it easy for the debtor to repay their debts.

When the debtor is truly dubious?

If the debtor appears careless in responding to collection agencies' attempts or makes pledges and then breaks them to purchase more time. This type of debtor is problematic. The debt collection agency will have to serve them with a registered legal demand notice to repay the debts on behalf of the lender. The debtor is obligated to pay the initial debt plus any additional fines within 15 days of receipt. If the debtor fails to do so, a court case will be filed. The court proceeding necessitated the hiring of a debt collection attorney to pursue the case, as court proceedings in the UAE are conducted entirely in writing. The court will rule following a thorough examination of both parties' proceedings.

The 2021 Executive Regulations appear to acknowledge the availability of payment orders for creditors, and they mark a significant step toward expanding their utility while remaining consistent with the regular court system.

By Meghna Sherman

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Cryptocurrency somewhere from nowhere India context.

Cryptocurrency is here to stay. Listen to legal expert and Advisor of The Law Reporters, Hemanth Batra.

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Next-generation banking platform to launch in Abu Dhabi

A new digital banking platform that is considered as the next generation financial facility, has been granted in-principle approval by the Central Bank of the UAE. The platform called “Wio” is being launched by ADQ, an Abu Dhabi-based investment and holding company and will enhance the capital's growing reputation as a global financial services centre at the leading edge of digital banking.

Government official media agency WAM reported that the venture is being led by FinTech experts, banking professionals and technology specialists and that Wio will offer customers in the UAE a fully digital banking choice with tailored products and services to meet their lifestyles and needs. Wio will soon launch a Beta version that will initially provide small and medium-sized businesses with an innovative, engaging customer-centric experience underpinned by security, transparency and convenience, WAM added.

The total invested capital in Wio is AED2.3 billion plus in-kind contributions, the communique stated.

The digital banking platform's primary shareholders ADQ and Alpha Dhabi, one of the fast-growing investment holding companies in the Middle East, own 65 percent. Additionally, Etisalat holds 25 percent, and the First Abu Dhabi Bank (FAB) holds 10 percent.

Mohamed Hassan Alsuwaidi, Chief Executive Officer of ADQ, said that Wio's unique business model will further strengthen the UAE's digital economy supported by robust infrastructure and progressive regulations, WAM quoted.

Pronounced "wee-oh", the name Wio describes the company's active purpose of 'opening new paths so you can go further. Putting customers at the heart of everything it does, the 'W' is the shape of your path and your journey that Wio enables through digital, the "i" represents the input, and the "o" represents output.

Pic : WAM

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New general terms and conditions on standing credit and liquidity insurance facilities launched

The Central Bank of the UAE (CBUAE) will introduce new general terms and conditions for its standing credit and liquidity insurance facilities, where licensed financial institutions in the UAE can access CBUAE reserves on an overnight or term basis by posting eligible collateral. This has been proposed as part of the Central Bank’s Dirham Monetary Framework implementation plan,

The new terms and conditions, which will come into effect on 1st March, 2022, define the discretionary powers related to the activation of these facilities, and the guidelines for collateral management, reported WAM, the official media agency.

At their own discretion, eligible counterparties may access either of the standing credit facilities to draw on CBUAE reserves on an overnight basis, through Collateralized Funding or Murabaha Transactions, to deal with temporary liquidity needs.

In addition, the CBUAE may activate the Contingent Liquidity Insurance Facility in response to any actual or prospective stress of an exceptional nature, where eligible counterparties need CBUAE reserves for extended terms.

Khaled Mohamed Balama, Governor of the CBUAE, stated, "The reorganisation of the spectrum of eligible collateral will ensure more effective intervention by the CBUAE to provide eligible counterparties with liquidity at times of stress, or to deal with domestic market issues. The new features of the standing credit and liquidity insurance facilities shall also assist the CBUAE to cope with all market conditions."

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UAE Central Bank Extends Economic Support Plan

The UAE Central Bank has announced the extension of measures taken for the recovery of the economy during the pandemic.

Several of the measures included in the comprehensive economic support plan has been extended to help the national economy.

As per the announcement released by the UAE Central Bank, precautionary measures on capital reserve requirements, liquidity and funding sources for banks will be extended for another six months.

A temporary reduction of the capital maintenance margin and capital reserve of local banks will be included under the capital reserve measures. A temporary prudential reduction in the liquidity coverage ratio, ratio of eligible liquid assets and ratio of net stable funding among other measures are included under the liquidity control measures.

The prediction of the Central Bank stated that all the banks operating within the country will be able to recover in a sustained manner under this economic plan until June 2022.

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Ras al Khaimah Economic Zone Signs Agreement With Dubai Commercial Bank

A strategic partnership will be launched between the Ras al Khaimah’s Economic Zone and the Commercial Bank of Dubai to provide several banking services.

The cooperation agreement signed between the two entities will enable the Free Zone customers with various banking products and services to support the business infrastructure in the zone.

The agreement was signed by the CEO of the Free Zone, Remy Jallad and the CEO of the Commercial Bank of Dubai, Dr. Bernd Van Linder.

As per sources, a wide range of banking services with innovative financial solutions and tailored services will be provided as a result of the new agreement. Dedicated Relationship Managers will help customers with all the necessary information and guidance.

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New Loan Repayment Scheme Approved in Egypt

In a bid to ease the adverse economic effects of COVID-19 pandemic, Egypt’s Central Bank has approved a new loan repayment scheme.

Several businesses will be benefitted with the new scheme as the banks in Egypt should restructure credit facilities. According to sources, loan periods will be extended and outstanding installments will be restructured.

Moratoriums for loan repayment have also been introduced to ease out the repayment structure. A supervisory framework for non-performing loans along with a time frame for banks to execute non-performing facilities have been introduced.

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Ajman Government Fees Can be Paid in Instalments

In a recent development, Ajman’s Financial Department has signed 12 agreements with various banks to allow easy payment service. This service provides for fees to be paid in instalments for services provided to Ajman Government customers.

The customers can avail this offer if they pay with credit cards issued by supported banks using the Ajman Pay platform.

As per sources, agreements have been signed with First Abu Dhabi Bank, Abu Dhabi Commercial Bank, Commercial Bank of Dubai, Dubai Islamic Bank, Emirates NBD, Ras Al-Khaimah National Bank, Abu Dhabi Islamic Bank, Ajman Bank, Mashreq Bank, Sharjah Islamic Bank, Al Hilal Bank and Emirates Islamic Bank among others.

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Kuwait's Ministry of Finance Suggests Revision of Expat Gratuity

Kuwait's Ministry of Finance Suggests Revision of Expat Gratuity

The Constitutional Court of Kuwait has issued its verdict in an end-of-service gratuity case after expats complained that they wouldn’t receive their gratuity amount.

The case involved an appeal against a Civil Service Commission decision stating that expatriates working for the government were required to leave the country in order to receive their end-of-service gratuity. It also prohibited expatriate government employees from transferring to the private sector.

The Ministry of Finance on the other hand, has issued a circular to Government agencies about the rules of the draft budget for 2022/2023 fiscal year. The Ministry also suggested that the indemnity and gratuity dues towards the expatriates have to be estimated and included in the end-of-service compensation clause of the draft budget.

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Qatar's General Tax Authority Introduce New Services

Qatar's General Tax Authority Introduce New Services

The General Tax Authority of Qatar intends to ease the process of taxpaying, with faster and more accessible systems for the taxpayers. The Authority has announced new services under the mission to achieve Qatar 2030 vision through which tax procedures have been significantly simplified. Among the new services is an Objection service, which will allow taxpayers to file objections to General Tax Authority decisions.

They also include an appeal service, allowing taxpayers to file grievances against General Tax Authority decisions before the two Tax Grievance Committees. In addition, an Income Tax service will be launched, allowing for the download and upload of relevant Excel files.

It will allow taxpayers to download and upload an excel file containing the data and
information needed for certain tax declaration items. They are difficult to enter directly on the Dhareeba Portal's tax declaration form.

A ‘Suggestions and Complaints’ service will be launched as well and will enable taxpayers and member of the public to submit complaints and suggestions, as well as filing suspected tax evasion reports.

A Financial Transaction History service will also be launched and will enable taxpayers and the General Tax Authority to view a detailed statement of all financial tax transactions regarding all the various amounts owed, paid amounts and refunds.

There will be a new Excisable Goods Export/Re-Export service that will allow the Designee to notify the Authority of their intention to export or re-export specific goods in order to later submit a refund application. A Damaged Selective Goods Refund Notice Service will also be introduced, allowing a Designee to submit a notice about damaged or lost selective goods via the Dhareeba Portal. A Damaged/Lost Excisable Goods Refund service will be launched, allowing a Designee to apply for a refund of the selective tax paid for the damaged or lost selective goods for which the damaged or lost goods notification. 

There will be the introduction of an Intermediary Excise Goods Refund service. It will allow Designees who have registered for selective tax to request a refund of selective tax paid on selective goods used in the production of other taxable selective goods.

A Special ET Refund–Diplomat service will be launched, which will allow diplomatic and consular authorities, international organizations, and heads and members of diplomatic and consular authorities certified by the State to apply for a refund of selective tax paid for selective goods. All the required transactions of remittence, reimbursement and others, can be transacted through the Dhareeba Portal.

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Cheque Bounce No Longer A Crime In UAE

Decriminalisation of bounced cheques to begin in January 2022

The Central Bank, the Ministry of Economy and the Ministry of Justice of UAE have made amendments to the Commercial Transactions Law regarding the decriminalisation of bounced cheques to commence from 2 January 2022 onwards.

The Ministries and the Regulators have supportednew changes relating to the partial payment of returned cheques and administrative penalties are strengthened when they are issued without funds.

The Central Bank’s initiative is to update banking laws and regulations to track developments in the financial sector, fill any legal gaps and deliver its vision to follow best practice internationally, said Central Bank governor Khaled Balama.

The commercial and banking transactions streamline procedures for collecting the cheque’s value and the use of cheques more flexibly.

In October 2020, the UAE updated the country's Federal Law on Commercial Transactions with several new provisions that aimed to discourage criminal lawsuits against individualsand entitiesfor bounced cheques.

The amendments will consolidate the principles of justice which will bring balance between the interests of the cheque beneficiary at the earliest and the drawer’s interest in removing any criminal case filed for non-payment of the cheque."

They aim to secure the rights of cheque bearers and beneficiaries, and would expedite the collection of a cheque's value in an effective manner.

"The new amendments reduce the negative aspects revealed by practical experience of dealing with cheques, compared to the best and most successful international practices," Mr Balama said.

Those amendments, which will also be introduced in 2022, were approved by the Cabinet.

The 2017 ruling means that those responsible for cheques bounced in the emirate of up to Dh50,000 are now fined Dh2,000 while those who bounce cheques whose value is between Dh50,000 and Dh100,000 pay a Dh5,000 fine. The fine for bounced cheques with a value between Dh100,000 and Dh200,000 is Dh10,000.

Amendments that lift penal protection of the cheque, scheduled to come into force at the beginning of 2022.

However, under the latest amendments, the scope for criminalisation of returned cheques due to insufficient funds has been narrowed and confined to cases of bad faith and other cheque crimes, the Central Bank said.

"This would deliver the desired goals of replacing decriminalisation with preventive measures, coupled with deterrent alternative penalties to reduce the misuse of cheques," it said.

They will also encourage the public to use modern, technological and digital means instead of traditional paper cheques.

If the amount available for payment is less than a cheque's value, the drawee bank must pay the amount partially.

"These efforts also include enhancing the flexibility of economic policies and raising the state’s ranking [on] the Global Competitiveness Index, associated with the ease of establishing and doing business and increasing the country’s attractiveness to foreign direct investment and international companies," Mr bin Touq said.

Eminent Corporate Lawyer Mr. Sunil Ambalavelil has welcomed the move stating that it is a proactive and progressive measure by the Government.

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India: Appointments Cleared for NCLT and Income Tax Appellate Tribunal (ITAT)

Recently, the Central Government had come under fire from the Supreme Court for delaying appointments to quasi-judicial tribunals including (National Company Law Tribunal) NCLT and ITAT and so on. Now, the Centre, seemingly in response to the tussle with the court, has kept their promise of initiating appointments at the earliest. The Centre has approved the appointment of 18 members to the NCLT, including 8 judicial members and 10 technical members, in a notification. In addition, the position of Acting Chairperson of the National Company Law Appellate Tribunal has been given to Hon. Justice M Venugopal, who has already assumed charge. On the other hand, the ITAT has got 13 new appointments, including six judge members and seven accountant members. Quasi-judicial tribunals are tribunals which deal with relatively more technical issues, where experts in the issue as well as judicial officers are appointed. This has helped expediting justice to some extent and these bodies are very significant in the Indian system.

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UAE: Dedicated Money Laundering Court Established in Dubai

Thinking ahead and initiating a proactive legal step towards combating money laundering, a dedicated Money Laundering Court has been established in Dubai. The new court, which falls within the ambit of the Court of First Instance and Court of Appeal, is part of the UAE's larger effort to improve its competitiveness as an international financial centre. It comes after the announcement of the "UAE national action plan on financial crime," whose implementation will be overseen by a new executive agency dedicated to anti-money laundering and counter-terrorist funding. This move has been lauded by financial crime experts and would be part of UAE’s efforts to add more teeth to the Anti Money Laundering legal framework.

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UAE’s Cabinet Decision on Housing Support Regulations Issued

The Cabinet has issued Cabinet Decision No. 61/2021 on housing support regulations. The regulations include 40 definitions and articles which explain the conditions which need to be met to receive housing support. Those with a monthly income of less than 15000 AED will be able to apply for housing support and the Cabinet has the authority to amend the support level according to the economic situation. The regulations determine three categories of housing support and the corresponding amount for each category. According to the regulations, those benefiting from the housing should be Emirati citizens.

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UAE Decides to Provide VAT and Excise Tax Penalty Reduction Owing to COVID

In the backdrop of COVID-19, the UAE Cabinet has decided to provide reduction in VAT and Excise tax penalties for those who still have dues pending. This is viewed as a move which will enable taxpayers to have a better start.

The Cabinet decision, referred to as Cabinet Decision 49/ 2021, reduces penalties to 30 per cent, provided they settle their dues by December 2021. The penalty for late payment has been reduced to 4 per cent a month from 1 per cent a day. However, the upper limit shall be at 300 per cent. The new decision applies for a period of 60 days starting from April 28, 2021.

The new resolution amends the law on penalties which can be imposed by the Federal Tax Authority (FTA) for non-compliance, as per Cabinet Decision 40 of 2017. While 2 per cent penalty on the day following due date of tax payment remains the same, the 4 per cent penalty due on the seventh day from the payment due date following the due date for payment and the 1 per cent per day penalty starting from one month after payment due date, has been brought down as one single 4 per cent penalty applicable monthly.

Furthermore, the penalties attached to violations in Voluntary Disclosure requirements have also been brought down significantly, from 3000 AED for the first time and 5000 AED on repeat offence, to 1000 AED for the first time and 2000 AED on repeat offence. The percentage based penalties attached to these offences have also been brought down. Moreover, there has been substantial reduction in penalties that entail other offenses such as failure to keep records, failure to submit registration request, displaying prices including tax, and so on.

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Framework for Specialised Banks In Effect: "Low Risk" Banks to Serve Only Residents

The new regulation which formulate the licensing and regulation framework for the ‘Specialized Banks with Low Risk' or Specialised Banks have come into effect from 30th of April 2021. The regulations have been brought under the Central Bank Circular No. 13/ 2021, and are in pursuance of the objectives of organisation, development and regulation of the UAE Banking Sector. More specifically, the notification elucidates on the specific purpose of the regulations to include protection of the depositors & consumers and for maintaining the overall stability of the financial sector.
These specialised banks are, as per the regulations, the banks licensed under the new system to meet the needs of the locals, and hence serve only the citizens and residents of the UAE. The transactions would be limited to AED and follows a low-risk credit model. The banks can work as a traditional/ conventional specialised bank or as a specialised Islamic Bank. The regulatory framework stresses on compliance and applies to all specialised banks. All the branches of a specialised bank would be seen as one single entity.
The Specialised Banks need license from the Central Banks to Commence operations. The same maybe applied for, listing out the relevant activities which they wish to undertake; however, it is pertinent to note that the activities are limited to the permitted activities. Once the license is issued and notified, the bank has to commence operations within 6 months. Furthermore, an application with sufficient reasons listed needs to be submitted at least 6 months prior to cessation, if cessation is being planned. Permitted activities are elucidated under Article 3 of the regulation.
The minimum paid-up capital requirement has been set at Dh300 million, with any changes in the paid up capital being effected with the prior approval of the Central Bank alone. Furthermore, single shareholding cannot exceed 20% of the total shareholding. Changes in activities too need prior approval. The notification further sets out Liquidity Requirements and Credit Exposure Restrictions, and also adds mandates for credit and regulatory reporting. Last but not the least, it has to be noted that the Central Banks have been given wide powers for supervisory activities, following instances of violations.

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Dubai Looks Forward to Harnessing the Tide towards Crypto by Licensing Businesses at the DMCC

DMCC seeks to build confidence, trust and security in Crypto transactions, such that risks are mitigated and illegal activities are prevented as far as possible

The global hype on crypto currency is on the rise, with prominent individuals such as Elon Musk bolstering the tide towards decentralized currency. However, the trend is getting the attention of regulators and governments, who either wish to harness the potential or curtail the use of crypto currency altogether. Dubai, however, seems to move in the former direction, aspiring to be the epicenter of safe crypto investments.

How the Trend Has Taken Shape

While critics of decentralized currency include prominent figures such as Warren Buffet, who calls it "a delusion", the hype over crypto currency does not seem to stop. The feature that distinguishes crypto currency is the lack of control by any government or regulator. Furthermore, unlike conventional currencies, these are not pegged against any material assets such as Gold. Crypto currency works as peer-to-peer electronic cash, which can either be bought or mined by solving a cryptographic puzzle which results in coins being rewarded in return. While, this is an open source software solution, encryption is used to keep it safe, where private keys attached to individual users can be used to encrypt and decrypt the coin transacted. It is also observed that crypto currency may be capable of getting around fluctuations caused by inflation. However, these distinctive features might as well play out as serious risks owing to lack of redressal mechanisms, potential for hacking or potential for use by criminals. Hence, it is imperative on governments and regulators to put adequate checks and balances.

DMCC's Move to Bolster Crypto Currency Transactions

The Dubai Multi Commodities Centre is looking forward to becoming a hub of crypto currency transactions. The idea is to build an equipped tech valley called DMCC Crypto Centre to be prepared for the influx of crypto business, such that there is availability of knowledge and technological applications required, opines Ahmed Sultan Bin Sulayem, CEO of DMCC. This move seeks to provide a safer space for crypto business, which builds confidence, trust and security. Ahmed also opines that with an agreement with the SCA in place, the DMCC is looking forward to expanding the present range of crypto-assets licenses Businesses dealing with crypto assets can now get licenses in DMCC Crypto Valley, Dubai.

The MoU with SCA: Preparing for the Crypto Tide

This new shift is a result of a Memorandum of Understanding signed by DMCC freezone and Government of Dubai Authority on commodities, trade and enterprises  with the Securities and Commodities Authority for establishing a regulatory framework for businesses offering, issuing, listing and trading crypto assets in Dubai Multi Commodities Centre. The DMCC provides a strong business regulatory framework, first-class customer service and a range of initiatives. The SCA will work with the DMCC to issue approvals for businesses described above.

Subsequently, the crypto activities shall be regulated by the SCA, being in line with the policies which were introduced in October 2020. The policies were introduced to develop an integrated ecosystem for the crypto and block-chain industries. This agreement is anticipated to foster growth with the said sectors and promoting block-chain application development in Dubai. Dubai seeks to be prepared with the necessary infrastructure, technology and a conducive regulatory framework to partner with crypto businesses in a safe and effective way. Long story short, the agreement is expected to set the course for crypto businesses to develop in Dubai and assist in bringing a safer system for the mode of currency which seeks to defy systemic currency set-ups.

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UAE's New Law on Bounced Cheques: Adding Fairness and Convenience

UAE amendments to cheque bounce law might make way for a competitive economy and a fairer justice delivery mechanism

The UAE Cabinet Amended the Federal Law No. 18 of 1993 or the Commercial Transaction Law, including the provisions on cheque bounces. This would come into effect by the end of 2022 and includes modification of rules dealing with dishonoured cheques and the issuance of cheques without value. The reconciliatory measures introduced with the amendment is viewed as a boost to business transactions happening via cheques, infuses confidence and is expected to ease the burden on the judiciary.

The new law is focused on better and faster ways on collecting the cheque amount. The amendments have been notified under Federal Decree-Law No. 14/2020 amending some provisions of the Commercial Transactions Law promulgated by Federal Law No. 18/1993.

Adding More Penalties

Apart from the existing criminal provisions, additional penal provisions have been added to Article 641 of the Law to expand the scope of recognised offenses. Criminalisation of cheque related cases has been redefined to include:

  • Offences of endorsing or delivering a bearer check to a third-party while being aware that such check is unfunded or non-withdrawable.
  • Ordering or requesting the bank (or the drawee) not to pay the cheque amount, withdrawing all the balance before the date of the cheque being presented, and deliberately drawing or signing the cheque so as to prevent the payment from happening.
  • Forging or Faking a cheque and assisting the same. This includes forging or faking of a cheque, knowingly using a forged cheque or accepting amounts paid via a forged cheque, and includes wrongful use or benefitting from a cheque drawn in the name of a third party, where the use of cheque is associated with fraud. The law is even wide enough to include providing access data, technology, information, equipment and much more, which assists forgery.
  • Furthermore, this UAE Law seeks to address the threat of terrorism by making offences listed herein being used for terrorism as a ground for greater punishment.

Resolution Mechanisms Included

This law provides the issuers and beneficiaries of dishonoured cheques additional opportunities at more efficient resolution mechanism, whereby criminal charges could be replaced by reconciliation. Payment of the cheque amount prior to the date of final judgement would result in the dropping of the criminal lawsuit.

Introduction of secondary sanctions: Some of the secondary penalties introduced are; Withdrawal of cheque book from the convicted person, Prevention of delivery of new cheque books to him/her for a maximum period of 5 years, Suspension of professional or commercial activity. Some of the other penalties that were introduced for legal persons include; fines, suspension of commercial license for 6 months, cancellation of license or liquidation of the legal person in case of repeated offences.

The law also discusses regarding the case of death or legal incapacity of one or more joint bank account holders. The remaining joint account holders shall notify the bank within no later than 10 days from the date of death or legal incapacity. The bank shall immediately suspend withdrawals from the joint account up to the limits the share of the demised or the legally incapacitated, which means no withdrawal can be made from his share until a successor is designated. If the unavailability or insufficiency of funds is affixed by the drawee, the bearer can choose to request full or partial compulsory execution.

Bottom Line

The law regarding criminalisation with respect to cheques without balances is now cancelled apart from the points just mentioned here. However, here it is pertinent to note that banks would be obliged to partially pay the beneficiary as long as balance is available with the bank. A key takeaway from the amendment is that it may enhance the economic competitiveness, since a mode of making complicated transactions easier might become way less risky than it used to be.

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Anti Money Laundering Legislations - UAE

Federal Decree-law No. (20) of 2018
ON ANTI-MONEY LAUNDERING AND COMBATING THE FINANCING OF TERRORISM AND FINANCING OF ILLEGAL ORGANISATIONS

 

We, Khalifa Bin Zayed Al Nahyan, President of UAE,
Pursuant to the perusal of the Constitution,

- Federal Law no. (1) of 1972 Federal Law No. (1) of 1972 Federal Law no. 1 of 1972 on Competencies of the Ministries and Powers of the Ministers and its amendments;
- Federal Law no. (6) of 1985 on Islamic Banks, Financial Institutions and Investment Companies;
- Federal Law no. (3) of 1987 issuing the Penal Code and its amendments,
- Federal Law no. (35) of 1992 issuing the Penal Procedures Code and its amendments;
- Federal Law no. (14) of 1995 on fighting narcotics and psychotropic substances and its amendments;
- Federal Law no. (4) of 2000 on the Emirates Securities and Commodities Authority and Market and its amendments;
- Federal Law no. (4) of 2002 on the criminalization of money laundering and combatting of the financing of terrorism and its amendments;
- Federal Law no. (8) of 2004 on the Financial Free Zones;
- Federal Law (13) of 2004 on the Supervision of Import/Export and Transit of Rough Diamonds and its amendments;
- Federal Law no. (1) of 2006 on the Electronic Commerce and Transactions;
- Federal Law no. (39) of 2006 on the International Judicial Cooperation on Criminal Matters;
- Federal Law no. (51) of 2006 Combating Crimes of Human Trafficking and its amendments;
- Federal Law no. (6) of 2007 on the establishment of the Insurance Authority and the regulation of its operations and its amendments;
- Federal Law no. (2) of 2008 on the National Societies and Associations of Public Welfare;
- Federal Law no. (6) of 2010 on the Credit Information;
- Federal Law no. (5) of 2012 on the Prevention of Information Technology Crimes and its amendments;
- Federal Decree-Law no. (5) of 2013 on weapons, ammunitions, explosives and military equipment;
- Federal Law no. (7) of 2014 on Combating Terrorism Offences;
- Federal Law no. (2) of 2015 on Commercial Companies and its amendments;
- Federal Law no. (8) of 2015 on the Federal Customs Authority;
- Federal Law no. (11) of 2015 on the supervision of trading and stamping of precious metals and stones;
- Federal Law no. (7) of 2017 on Tax Procedures;
- Federal Decree-Law no. (7) of 2017 on Excise Tax;
- Federal Decree-Law no. (8) of 2017 on the Value Added Tax;
- Federal Decree-Law no. (14) of 2018 regarding the 'Central Bank and the Organisation of Financial Institutions and Activities;
And based on the proposal made by the Minister of Finance and the approval of the Cabinet, Have issued the following Decree-Law:

Article (1)

In application of the provisions of the present Decree-Law, the following terms and expressions shall have the following meanings assigned to them unless the context requires otherwise:

- State: United Arab Emirates
- Ministry: Ministry of Finance
- Minister: Minister of Finance
- CBUAE: Central Bank of the UAE
- Governor: Governor of Central Bank
- Committee: National Committee for Combating Money Laundering and the Financing of Terrorism and Illegal Organisations
- FIU: Financial Intelligence Unit
- Supervisory Authority: Federal and local authorities which are entrusted by legislation to supervise financial institutions, designated non-financial businesses and professions and non-profit organisations or the competent authority in charge of approving the pursuit of an activity or a profession in case a supervisory authority is not assigned by legislations.
- Law-enforcement Authorities: Federal and local authorities which are entrusted under applicable legislation to combat, search, investigate and collect evidences on the crimes including AML/CFT crimes and financing illegal organisations.
- Competent Authorities: The competent government authorities in the State entrusted with the implementation of any provision of this Decree Law.
- Predicate Offence: Any act constituting an offense or misdemeanour under the applicable laws of the State whether this act is committed inside or outside the State when such act is punishable in both countries.
- Money Laundering: Any of the acts mentioned in Clause (1) of Article (2) of the present Decree-Law.
- Financing of Terrorism: Any of the acts mentioned in Articles (29, 30) of Federal Law no. (7) of 2014.
- Illegal Organisations: Organisations whose establishment is criminalized or which exercise a criminalized activity.
- Financing Illegal Organisations: Any physical or legal action aiming at providing funding to an illegal organisation, or any of its activities or its members.
- Crime: Money laundering crime and related predicate offences, or financing of terrorism or illegal organisations.
- Funds: Assets in whatever form, tangible or intangible, movable or immovable including national currency, foreign currencies, documents or notes evidencing the ownership of those assets or associated rights in any forms including electronic or digital forms or any interests, profits or income originating or earned from these assets.
- Proceeds: Funds generated directly or indirectly from the commitment of any crime or felony including profits, privileges, and economic interests, or any similar funds converted wholly or partly into other funds.
- Means: Any means used or intended to be used to commit an offence or felony.
- Suspicious Transactions: Transactions related to funds for which there are reasonable grounds to believe that they are earned from any misdemeanour or felony or related to the financing of terrorism or of illegal organisations, whether committed or attempted.
- Freezing or seizure: Temporary attachment over the moving, conversion, transfer, replacement or disposition of funds in any form, by an order issued by a competent authority.
- Confiscation: Permanent expropriation of private funds or proceeds or instrumentalities by an injunction issued by a competent court.
- Financial institutions: Anyone who conducts one or several of the activities or operations defined in the Implementing Regulation of the present Decree Law for the account of /or on behalf of a client.
- Designated Nonfinancial Businesses and Professions: Anyone who conducts one or several of the commercial or professional activities defined in the Implementing Regulation of this Decree Law.
- Non-Profit Organisations: Any organized group, of a continuing nature set for a temporary or permanent time period, comprising natural or legal persons or not for profit legal arrangements for the purpose of collecting, receiving or disbursing funds for charitable, religious, cultural, educational, social, communal or any other charitable activities.
- Legal Arrangement: A relationship established by means of a contract between two or more parties which does not result in the creation of a legal personality such as trust funds or other similar arrangements.
- Client: Any person involved in or attempts to carry out any of the activities specified in the Implementing Regulations of this Decree Law with one of the financial institutions or designated nonfinancial businesses and professions.
- Beneficial Owner: The natural person who owns or exercises effective ultimate control, directly or indirectly, over a client or the natural person on whose behalf a transaction is being conducted or, the natural person who exercises effective ultimate control over a legal person or legal arrangement
- Transaction: All disposal or use of Funds or proceeds including for example: deposits, withdrawals, conversion, sales, purchases, lending, swap, mortgage, and donation.
- Registrar: The entity in charge of supervising the register of commercial names for all types of establishments registered in the UAE.
- Customer Due Diligence (CDD): The process of identifying or verifying the information of a Client or Beneficial owner, whether a natural or legal person or a legal arrangement, and the nature of its activity and the purpose of the business relationship and the ownership structure and control over it for the purpose of this Decree-Law and its Implementing Regulation.
- Controlled Delivery: The process by which a competent authority allows the entering or transferring of illegal or suspicious funds or crime revenues to and from the UAE for the purpose of investigating a crime or identifying the identity of its perpetrators.
- Undercover Operation: The process of search and investigation conducted by one of the judicial impoundment officer by impersonating or playing a disguised or false role in order to obtain evidence or information related to the Crime.

Article (2)

1- Any person, having the knowledge that the funds are the proceeds of a felony or a misdemeanour, and who wilfully commits any of the following acts, shall be considered a perpetrator of the crime of Money Laundering:

a- Transferring or moving proceeds or conducting any transaction with the aim of concealing or disguising their Illegal source.
b-Concealing or disguising the true nature, source or location of the proceeds as well as the method involving their disposition, movement, ownership of or rights with respect to said proceeds.
c- Acquiring, possessing or using proceeds upon receipt.
d-Assisting the perpetrator of the predicate offense to escape punishment.

2- The crime of Money Laundering is considered as an independent crime. The punishment of the perpetrator for the predicate offence shall not prevent his punishment for the crime of Money Laundering.

3- Proving the illicit source of the proceeds should not constitute a prerequisite to sentencing the perpetrator of the predicate offence.

Article (3)

Without prejudice to the provisions of Federal Law No. (3) of 1987 referred to, and Federal Law No. (7) of 2014 referred to herein:
1- Is guilty of the crime of financing terrorism whoever intentionally commits any of the following:
a- Any of the acts specified in Clause (1) of Article (2) of the present Decree-Law, if he is aware that the proceeds are wholly or partly owned by a terrorist organisation or terrorist person or intended to finance a terrorist organisation, a terrorist person or a terrorism crime, even if it without the intention to conceal or disguise their illicit origin.

b- Providing, collecting, preparing or obtaining Proceeds or facilitating their obtainment by others with intent to use them, or while knowing that such proceeds will be used in whole or in part for the commitment of a terrorist offense, or if he has committed such acts on behalf of a terrorist organisation or a terrorist person while aware of their true background or purpose.
2- Is guilty of financing illegal organisations crime whoever intentionally commits any of the following:
a- Any of the acts specified in Clause (1) of Article (2) of this Decree-Law, if he is aware that the proceeds are wholly or partly owned by an illegal organisation or by any person belonging to an illegal organisation or intended to finance such illegal organisation or any person belonging to it, even if without the intention to conceal or disguise their illicit origin.
b- Providing, collecting, preparing, obtaining Proceeds or facilitating their obtainment by others with intent to use such proceeds, or while knowing that such proceeds will be used in whole or in part for the benefit of an Illegal organisation or of any of its members, with knowledge of its true identity or purpose.

Article (4)

The legal person shall be criminally responsible for the crime if it is committed in their name or for its account intentionally, without prejudice to the personal criminal responsibility of the perpetrator and the administrative penalties as prescribed by law.

Article (5)

1- The Governor or his delegate shall have the right to freeze suspicious funds deposited at financial institutions for no more than (7) seven working days, in accordance with the rules and controls stipulated in the Implementing Regulation of the present Decree-Law, renewable by order of the public prosecutor or his delegate.
2- The Public Prosecution and the competent court, as the case may be, shall request the identification, tracking, or evaluation of suspicious funds, proceeds and instrumentalities or of whatever is of equivalent value or seizing or freezing them if they are the result of, or in connection with, the crime without pre-advising the owner and issuing a travel ban until the investigation or trial is completed.
3- The Public prosecution and the competent court, as the case may be and when necessary, shall take the necessary decision to prohibit trading or disposing of such funds, proceeds and instrumentalities and take the necessary actions to prevent any act aiming at evading related freezing or seizing orders, without prejudice to the rights of bona fide third parties.
4- All freezing orders of funds held by financial institutions licensed by the CBUAE may be only be executed through the CBUAE.
5- Any grievance against the Public Prosecution's decision to freeze or seize shall be filed in accordance with the provisions of the present Article before the competent court in whose jurisdiction the public prosecution issuing the decision is located. If the grievance is rejected, a new one may be lodged only after the expiry of three months from the date of rejection of the previous one, unless there is a serious reason to do so before the expiry of that period.
6- The grievance shall be filed by submitting a report to the competent court. The president of the court shall set a date to review the report and notify the plaintiff and any concerned parties of the date. The public prosecution shall submit a memorandum expressing its opinion on the grievance. The court shall issue its decision on this grievance within no more than (14) fourteen business days from the date of its submission.
7- The Public prosecution and the competent court, as the case may be, shall appoint whomever they find suitable to manage the funds, proceeds and instrumentalities seized, frozen or confiscated, also allowing the receiver to sell or dispose of it, even before the issuance of a court decision if needed. The proceeds of the sale shall be transferred to the UAE treasury in case of a final judgment of conviction. These funds shall be earmarked to any rights awarded legally to any party acting in good faith, proportionately to its value.
8- The Implementing Regulation of the present Decree-Law shall define the rules and procedures for implementing the dispositions of the present Article.

Article (6)

1- Without prejudice to the provisions of Article (5) of this Decree-Law, no criminal proceedings shall be instituted against the perpetrator of money laundering, financing terrorism, or financing of illegal organisations in accordance with the provisions of this Decree-Law except by the public prosecutor or his delegate.
2- The Public prosecutor or his delegate and the competent court as the case may be shall issue a decision to take the necessary procedures to protect the intelligence information and the means and methods of obtaining such information or instruct the competent authorities to protect the witnesses, or the undisclosed sources, the accused or other parties involved in the case if there is a serious threat to their safety.

Article (7)

1- The Public prosecution may, sue sponte or upon the request of the law enforcement authorities, should there be sufficient evidence of the occurrence of the crime, request direct access to accounts, records and documents held by third parties and request access to the stored data in the computer system and information technology programs, memorandums, correspondences and packages, identify track and seize the funds, control the accounts, issue travel bans and other procedures aiding in uncovering the crime and its perpetrators without prejudice to the legislation applicable to the UAE.
2- The Law Enforcement Authorities may conduct undercover operations and adopt other investigative methods and initiate the controlled delivery operation aimed at detecting the crime or its evidence or identifying the source and destination of the funds, proceeds or instrumentalities or arresting the perpetrators without prejudice to the legislations applicable in the UAE.
3- Any person involved in an undercover operation or a controlled delivery operation by Law Enforcement Authorities shall not be held criminally responsible unless such person has instigated the perpetration of the crime or exceeded the powers granted to him by the Law Enforcement Authorities.
4- The Competent authorities in the UAE shall keep comprehensive statistics on the reports of suspicious transactions, investigations and crime-related judgments, seized, frozen or confiscated funds, international cooperation requests and any statistics related to the efficiency and sufficiency of crime combating procedures.

Article (8)

Any person shall disclose whenever he brings into the UAE or take out any currency or bearer negotiable instruments or precious metals or stones of value, in accordance with the disclosure system issued by the Central Bank.

Article (9)

CBUAE shall establish an independent “Financial Intelligence Unit” (FIU) to which suspicious transaction reports, information on all financial institutions and designated nonfinancial businesses and professions shall be sent exclusively for consideration and analysis and referral to the competent authorities, either automatically or upon request. The Financial Intelligence Unit shall have competence over the following:
1- Requesting financial institutions and designated nonfinancial businesses and professions and the competent authorities to submit any information or further documentation related to received reports and information and other information deemed necessary for FIU to perform its duties on schedule and in the form determined by the Unit.
2- Exchanging information with its counterparts in other countries, with respect to Suspicious Transactions Reports (STR) or any other information to which the FIU has exclusive access or is the exclusive recipient, whether directly or indirectly, according to international agreements to which the State is a party or bilateral agreements signed by the FIU with its counterparts governing bilateral cooperation or conditional upon reciprocity. The FIU may communicate to its counterparts its findings derived from the use of the information provided by its counterparts and the results of the analysis conducted based on this information. Such information shall be used only for the purposes of combating the crime and shall not be disclosed to third parties without the FIU’s permission.
3- Establishing a database or a special register to record all available information and to implement data privacy and data security procedures to protect this information including procedures for handling, archiving transferring and accessing the data, and make sure that access to its premises, its database and its technology systems is restricted.
4- Any other dedicated activities to be specified in the Implementing Regulation attached to the present Decree-Law.

Article (10)

1- The Public prosecution may seek the opinion of the FIU about incoming reports it receives related to cases of money laundering, financing of terrorism and of illegal organisations.
2- Law Enforcement Authorities shall be responsible for receiving and following-up on suspicious transactions reports received from the FIU and gathering related evidence.
3- Law Enforcement Authorities may obtain the information that it deems necessary to perform its duties from the relevant authorities as stipulated under the Implementing Regulation of the present Decree- Law.


Article (11)

A committee chaired by the Governor, called "National Committee for Combating Money Laundering and the Financing of Terrorism and Illegal Organisations", shall be established by virtue of the provisions of this Decree- Law. A decision on the formation of the Committee shall be issued by the Minister.

Article (12)

The Committee shall have the following competences:
1- Preparing and developing a national strategy to combat crime and proposing related regulations, policies and procedures in coordination with the competent authorities, and monitoring their implementation.
2- Determining and assessing the risks of the crime on the national level.
3- Coordinating with the relevant authorities and referring to related international sources of information in order to identify high-risk countries in relation to money laundering and financing of terrorism and instructing the supervisory authorities to ensure the adherence to the required due diligence procedures by financial institutions, designated nonfinancial businesses and professions, and non-profit organisations which are under their supervision.
4- Facilitating the exchange of information and coordination among the various bodies represented therein.
5- Collecting and analysing statistics and other information provided by the Competent Authorities to assess the effectiveness of their Regulations on combating Money laundering, Terrorism financing and financing of illegal organisations.
6- Representing the State in international forums related to Money laundering.
7- Proposing the Implementing Regulation covering the work of the Committee, and submitting it to the Minister for approval.
8- Any other matters referred to the Committee by Competent Authorities in the UAE.

Article (13)

The Supervisory Authorities shall, each within the scope of its competence, carry out supervision, monitoring and follow up to ensure compliance with the provisions provided for in the present Decree-Law and its Implementing Regulation and shall have in particular, the following competences:
1- Conduct a risk assessment on the likelihood of the perpetration of a Crime within the financial institutions, designated nonfinancial businesses and professions and non-profit organisations.
2- Conduct Control and audit inspections over financial institutions, designated nonfinancial businesses and professions and non-profit organisations, both remotely and on site.
3- Issue the decisions related to the administrative penalties in accordance with the provisions of this Decree-Law and its Implementing Regulation, the grievance mechanism, and keep statistics of measures taken and penalties imposed.
4- Any other specialized activities stipulated in the Implementing Regulation of the present Decree-Law.

Article (14)

1- The Supervisory authority shall impose the following administrative penalties on the financial institutions, designated nonfinancial businesses and professions and non-profit organisations in case they violate the present Decree-Law and its Implementing Regulation:
a) Warning
b) Administrative penalties of no less than AED 50,000 (fifty thousand dirham) and no more than AED 5,000,000 (five million dirham) for each violation.
c) Banning the violator from working in the sector related to the violation for the period determined by the supervisory authority.
d) Constraining the powers of the Board members, supervisory or executive management members, managers or owners who are proven to be responsible of the violation including the appointment of temporary inspector.
e) Arresting Managers, board members and supervisory and executive management members who are proven to be responsible of the violation for a period to be determined by the Supervisory Authority or request their removal.
f) Arrest or restrict the activity or the profession for a period to be determined by the supervisory authority
g) Cancel the License.
2- Except for paragraph (g) of Clause (1) of this Article, The Supervisory Authority may upon imposing the administrative penalties, request regular reports on the measures taken to correct the violation.
3- In any case, the Supervisory Authority shall publish the administrative penalties through various means of publication.

Article (15)

The Financial institutions and designated nonfinancial businesses and professions shall, upon suspicion or if they have reasonable grounds to suspect a transaction or funds representing all or some proceeds, or suspicion of their relationship to the Crime or that they will be used regardless of their value, to inform the Unit without delay, directly and provide the Unit with a detailed report including all the data and information available regarding that transaction and the parties involved, and to provide any additional information required by the Unit, with no right to object under the confidentiality provisions.
Lawyers, notaries, other legal professionals and independent legal auditors shall be exempted from this provision if the information related to these operations have been obtained subject to professional confidentiality.
The Implementing Regulation of the present Decree-Law shall determine the rules, controls and cases of the obligation to report suspicious transactions

Article (16)

1- Financial institutions and designated nonfinancial businesses and professions shall:
a) Identify the crime risks within its scope of work as well as continuously assess, document, and update such assessment based on the various risk factors established in the Implementing Regulation of this Decree- Law and maintain a risk identification and assessment analysis with its supporting data to be provided to the Supervisory Authority upon request.
b) Take the necessary due diligence measures and procedures and define their scope, taking into account the various risk factors and the results of the national risk assessment and retain the records received during the implementation of this process. The Implementing Regulation of the present Decree-Law shall specify the cases in which such procedures and measures are applied, and the conditions for deferring the completion of customer or real beneficiary identity verification.
c) Refrain from opening or conducting any financial or commercial transaction under an anonymous or fictitious name or by pseudonym or number, and maintaining a relationship or providing any services to it. d)Develop internal policies, controls and procedures approved by senior management to enable them to manage the risks identified and mitigate them, and to review and update them continuously, and apply this to all subsidiaries and affiliates in which they hold a majority stake; the Implementing Regulations of this
Decree-Law shall specify what should be included in said policies, controls and procedures.
e) Prompt application of the directives when issued by the competent authorities in the state for implementing the decisions issued by the UN Security Council under Chapter (7) of UN Convention for the Prohibition and Suppression of the Financing of Terrorism and Proliferation of weapons of mass destruction, and other related directives.
f) Maintain all records, documents, and data for all transactions, whether local or international, and make this information available to the competent authorities promptly upon request, as stipulated in the Implementing Regulation of this Decree-Law.
g) Any other obligations stipulated in the Implementing Regulation of this Decree-Law.
2- for the purposes of this Decree-Law, the Implementing Regulation of this Decree-Law shall regulate:
a) The obligations of non-profit organisations.
b) Retaining information and records by the registrar, to be provided upon request and taking procedures for access by the public.
c) Retaining information and records by the legal person and legal arrangement, and making it available upon request.

Article (17)

All authorities shall abide by the confidentiality of the information obtained in relation to suspicious transaction or the crimes provided for in this Decree-Law, and not disclose them except to the extent necessary for use in investigations, prosecutions or cases in violation of the provisions of this Decree-Law.

Article (18)

1- The competent judicial authority shall, upon request of a judicial authority of another country bound by an enforceable agreement with the UAE or by virtue of the reciprocity principle, provide judicial assistance in relation to investigation, court trials or procedures relevant to the crime and issue orders as follows:
a) Identify, freeze, seize or confiscate any funds, proceeds and instrumentalities generated from the crime, used or intended to be used in the crime or take any other procedures applicable under the enforceable legislations in the UAE, including, to provide records retained by financial institutions, or designated nonfinancial businesses and professions or non-profit organisations, to inspect persons and buildings, to collect witnesses’ statements, gather evidence, use investigative methods including undercover operations, intercepting communications, collecting statements and electronic data and controlled delivery.
b) Extradite, handover and handback persons and items relevant to the crime in a prompt manner in accordance with the legislations applicable in the UAE.

2- The competent authorities shall exchange information related to the Crime promptly with the foreign authorities, respond to requests made by any competent entity in the foreign countries which are bound by an applicable convention with the UAE or in accordance with the reciprocity principle. The competent authorities shall gather information from the relevant authorities in the UAE and take the necessary action to ensure the confidentiality of the information is used only for its intended purpose stated in the request for information and in accordance with applicable legislations in the UAE.

Article (19)

1- Competent Authorities shall give priority to requests for international cooperation related to countering money laundering and combating terrorism financing and ensure prompt handling of those requests and take efficient measures to ensure the confidentiality of the information received.
2- In application of the present Decree-Law, the request for international cooperation shall not be rejected based on any of the following grounds:
a) That the crime involves tax and financial affairs
b) That the crime is political or related to politics.
c) That the confidentiality

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Cryptocurrency Bill 2021 - How it will impact Bitcoin investors in India

Finance Minister Sitharaman said in the Rajya Sabha on February 9 2021 that a high-level Inter-Ministerial Committee (IMC) has been created under the Chairmanship of Secretary (Economic Affairs) to research the issues related to virtual currencies and that it will come up with recommendations on what steps should be taken. The IMC's report recommends that all private cryptocurrencies, except for those that are released by the state, should be prohibited in India.

As of April 2018, the Reserve Bank of India has also publicly acknowledged that it is working on a digital version of the rupee, and preliminary results were anticipated in the coming months. According to the summary of the bill, the bill's purpose was to "create a facilitative framework for the creation of the digital currency to be issued by the Reserve Bank of India".

Also, in 2018, the Reserve Bank of India (RBI) imposed a ban on banks handling cryptocurrency transactions. but, as decided by the Supreme Court in their decision dated March 4, 2020, the ban has been lifted. It has been working in the country since then.

Investors who already invest in private digital currencies like bitcoin in the country may be adversely affected by the new cryptocurrency bill. This is because if the Centre accepts the IMC's advice and bans private cryptocurrencies, it will cause a significant loss to the country's current cryptocurrency investors. There is, however, still some confusion about whether or not the law would extend to cryptocurrencies other than Bitcoin and Ethereum, such as Ethereum Classic or ETC.

While the cryptocurrency bill is being debated, speculation is prevalent that the law would include enabling investors to exit the market before the proposed ban, but it will impose a significant penalty on changing the investment to a legal asset.

Due to the lack of clarification around the specifics of the bill, it is difficult to tell whether or not those who possess Bitcoins or other cryptocurrencies can sell them. Around 70 million Indians have as much as $1 billion worth of cryptocurrencies, according to the official figures.

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Dubai Crown Prince Kicks Off Crowd-funding Platform to Help Entrepreneurs

Dubai has been constantly working on the sheer potential to diversify its economy and build an entrepreneurial society. His Highness Sheikh Hamdan bin Mohammed bin Rashid Al Maktoum has, on Wednesday, 19 May 2021, launched the "Dubai Next" platform for crowd-funding SMEs which will be the world's first crowd-funding portal for small and medium enterprises. Reportedly, this will also be an opportunity for a range of investors from Gulf Cooperation Council countries, the Middle East, Europe and Asia to power the passions of young entrepreneurs.

Dubai has launched the platform to enable start-ups and entrepreneurs, to gain access to funding, mentorship, and connections. The Dubai Next platform is a digital hub for entrepreneurs that supports their business ideas with guidance on how they can become successful, connecting them with investors who are keen to see more innovative businesses set up in Dubai.

The platform offers a wide range of services, including financing and mentoring for innovative youth-led start-ups, attempts to create a conducive work environment and assist entrepreneurs to compete in the local market and expand. He also appreciated the SME Development Programme and said that SMEs are a key pillar in the UAE economy. This could also assist in facilitating an investor-to-entrepreneur matching program that connects start-ups with investors who are keen to see more innovative businesses set up in Dubai.

“The Dubai Next Platform is the epitome of empowerment. This initiative by His Highness Sheikh Hamdan bin Mohammed bin Rashid Al Maktoum is an excellent and sure-fire approach to help enable SMEs to grow and expand with all the support they require. It fosters ambition and sustainable development, embodying the true essence of Dubai; and will help our economy successfully keep pace with the global market” said Dubai lawyer, Mr. Sunil Ambalavelil.

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UAE Tax Law Update: Now Appeals Can be Made to FTA for Violations

The UAE Federal Tax Authority (FTA) has announced that any person or group that has violated any provision of the tax legislation has the right to apply to the FTA for a reduction or exemption from administrative penalties, provided that the apology is acceptable to the FTA and there is evidence to justify the apology and that any violation will result in the imposition of an administrative penalty.

The FTA has 40 working days from receipt of the application to make its decision on whether to waive or reduce the administrative penalty. A tripartite committee established after the decision of the Director-General of the Free Trade Agreement to examine, accept, or reject the apology provided for in the Free Trade Agreement will decide on the reduction or exemption from an administrative penalty within 40 working days of receipt of the request. The UAE cabinet's decision to extend the deadline for taxpayers to appeal against the cancellation or reduction of the penalty imposed by the Federal Tax Authority is, according to tax experts, a postponement for companies.

In the backdrop of COVID-19, the UAE Cabinet had earlier decided to provide a reduction in VAT and Excise tax penalties for those who still have dues pending, via Cabinet Decision 49/ 2021. The above-mentioned move is in pursuance of Cabinet Resolution No. 51/ 2021, which came into effect on 28th April 2021. This replaces Article (26) of Cabinet Resolution No. (36) of 2017 on the Executive Regulations of Federal Law No. (7) of 2017 on Tax Procedures.

Here, it has to be noted that the excuse submitted to the FTA in pursuance of reductions/ exceptions might get rejected if it is proven that the default has happened intentionally. A Committee constituted under the law will examine the acceptability of the excuse stated. The committee shall be a tripartite committee which will be formed by a decision issued by the Director-General of the FTA. The committee will be responsible for examining, accepting and rejecting the reasons stated, as per Article 1 of the Resolution. This is viewed to have an impact on the decisions by the Tax Dispute Resolution Committees (TDRC) or Federal Court decisions in this respect.

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The Legal System of the Dubai International Financial Centre

On 6th May, His Highness Sheikh Mohammed bin Rashid Al Maktoum issued Law No. (5) of 2021 regarding the Dubai International Financial Centre (DIFC). This new law gave a wider ambit to DIFC, and its objectives now include, advancing economic growth, developing, and diversifying the economy, enhancing the GDP contribution of the financial services sector, attracting international entities to establish a business in the DIFC and promoting investment into Dubai. This law and increased autonomy to the DIFC, is another step in furthering the growth of the DIFC into one of the most critical financial zones in the world. The increased international importance of the DIFC over the years can also be attributed to its unique legal system, specifically curated to cater to international financial transactions. This article aims to explore the legal design of the DIFC and analyse its significance in terms of the economic success of the zone.

Establishing the DIFC

Conducting international business transactions under traditional Islamic legal systems can be complex, since the principle of 'Gharar', which forbids uncertainty in contracts can serve as the source for numerous lawsuits, especially considering the conflict of western business and legal regulations that are mainly based in common law, with those of the Arab World, which are civil and Islamic in Nature. Recognizing the same and wanting to become a world-class centre for international finance, the UAE Government amended Article 121 of the Constitution to empower the federal government to set up free financial systems. Following this, Federal Decree 35/2004 established the Free Financial Zone of Dubai, exempt from all federal, civil and commercial laws and with the permit under Federal Law No.8 of 2004, to create its own regulatory and legal frameworks.

Such a move was necessitated, as other commercial centres such as Singapore and Hong Kong have a common law system aligned with international business practices and more commonly accepted by multinationals. The establishment of a parallel legal system within the Union's territory is a testimony to the legal creativity and ambition of the UAE to establish itself as a global financial centre. While similar legal systems have been curated in countries like Hong Kong and Taiwan under the Chinese rule to accommodate two legal systems within the same territory, establishing such a new zone to facilitate financial growth is without much precedent.

The Laws Involved

Analysing the legal intricacies of the DIFC in depth is crucial to assess its impact on the overall growth and economic success of the zones. Post the creation of the free financial zone, the Dubai and Federal Government passed numerous key decrees and legislations that created the zone's legal blueprint. Among these were Dubai Law No.12 of 2004 and Federal Law No. 5 of 2004, which established the DIFC Judicial Authority and exclusivity of the zone. A Court of First Instance (Article 5A of Dubai Law No. 12 of 2004) and a Court of Appeals (Article 5B of Dubai Law No. 12 of 2004) were created with exclusive jurisdiction of all non-criminal matters within the zone, with binding powers. This system has also been widely accepted by international multinationals and corporations since it broad autonomy to the parties under Article 30 of the DIFC Law No. 10 of 2004, permitting the parties to determine the procedural law to be applied to their dispute. This separates the DIFC from other global financial zones since the principle of lex fori (The law of the land where the jurisdiction lies) isn't applied, and autonomy is given to the parties.

While Article 7 of the UAE Constitution establishes Sharia to be the guiding law of the land, and Article 151 asserts the primacy of the constitution over any other laws of the land, the DIFC and its establishment is in stark contrast to the same. Under Article 8 and 9 of the DIFC Law No. 3 of 2004 the order of application of laws is as follows; The laws of the DIFC and its regulatory bodies, the law of any jurisdiction as chosen by the DIFC, the law of any jurisdiction as agreed upon by the parties, the laws of any jurisdiction as deemed relevant by the arbitrator, and lastly, the laws of England and Wales. The prioritization of common law principles in the case of a jurisdictional dispute over the laws of the UAE or Sharia substantiates the judicial freedom and autonomy of the zone

Another notable feature of the DIFC's legal system is that to attract international entities to promote business in the region, the entirety of the laws is written in English. Judges from international common law jurisdictions have also been invited to serve in the judicial panels with Lord Angus Glennie and Sir Peter Gross as the most recent global additions in 2021.

The UAE and the DIFC, in particular, has also been steadfast in adapting to emerging legal disciplines, including those of commercial arbitration and Alternate Dispute Resolution. By Federal Decree No. 43/2006, it was announced that UAE was acceding to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958. Upon the Convention coming into force, the DIFC Court of First Instance became bound to recognize and enforce a foreign arbitral award upon the terms set out in the Convention. With many international corporations opting for such alternative resolution mechanisms instead of court proceedings, the adoption of similar practices in the DIFC has assisted in seamless dispute settlements in the region.

The zone also holds a seat for the Small Claims Tribunal, which is empowered to hear civil disputes with a ceiling of AED 200,000 for employment matters and other issues in which the parties submit to the Tribunal jurisdiction. The establishment of this special tribunal to cater to employment disputes sets a leading example and can serve as a security blanket for the migrant workers and the firms working in the region.

While the world witnessed a global recession and economic slowdown due to the Coronavirus Pandemic, the DIFC saw a 20 per cent growth in registrations in 2020, the best performance in its 16-year history. There are now 2,919 firms operating in the region, taking the financial assets booked in the region to 189 billion US dollars, with an economic profit of 125 million.  The zone is the most requested business address, with 94 per cent of its leasing spaces rented out already and more commercial space being built parallelly. It is serving as a financial centre for most legal firms looking to expand in the Gulf region, leading to increased professional workers migrating to the area, along with more brands and companies. The region shows no signs of stopping and appears to be on its way to becoming a global hub for international dispute resolution and finance, according to the governor of the Dubai International Financial Centre, His Excellency Essa Kazi. While witnessing and acknowledging the growth and progress of the zone, it is also essential to underscore the intricate and unique legal system of the DIFC, and its impact in attracting international firms and migrants to the region. The writing of laws in English, freedom to decide the application of statutes, precedence of common laws, legal autonomy to the courts, international judges, and adoption of practices of alternative dispute resolutions and tribunals serves as attractive factors for the leading firms operating in the zone, and legal creativity and accommodation will continue to be a keystone for continued growth and development in the region.

- Sangeet Agarwal

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Insolvency or Bankruptcy – Time to choose the appropriate remedy

Are failing attempts at running your business worrying you about the survival option? Businesses across the UAE are now concerned for their mere existence as the debts are outstanding and they may fall under the criteria of being declared as insolvent.

The Bankruptcy Law is significant for rescue opportunities to businesses. Bankruptcy Law applies to corporate entities and traders trading for profit. It excludes government bodies or companies trading in free zones such as the DIFC and Abu Dhabi Global Market (ADGM). Such companies have their insolvency laws and hence, have been excluded. Personal laws have also been modified to give the effect of the Bankruptcy Law.

Tests for determining bankruptcy:

There are two tests laid down for determining if a debtor is bankrupt:

  1. Cash-flow test – applicable where the debts are unpaid for a period more than 30 days
  2. Balance sheet test – applicable where the liabilities exceed the assets at any given time

Court supervised bankruptcy procedure:

There are two procedures available for managing the financial crisis –

  1. Preventive composition procedure (‘PCP’) - available to the debtor
  2. A formal bankruptcy procedure split into a rescue process or liquidation – available to the debtor or creditor or group of creditors with an outstanding debt of not less than AED100,000

Under PCP, since the debtor is not bankrupt as yet, the parties have an option to mutually enter into a binding agreement as an alternative to filing for bankruptcy. The cash-flow test is applied under PCP to determine the debtor’s eligibility. Once the debtor has opted for PCP and the application has been accepted by the Court, the moratorium period is applied. The moratorium period does not prevent any enforcement of secured claims with the Court’s permission.

The formal bankruptcy procedure involves a rescue process similar to PCP. The moratorium period is effective once the application is approved by the Court. Similarly, the secured claims can be enforced hereunder with the permission of the Court.

In case of a liquidation, where the Court deems fit, all assets may be liquidated and the distribution may be done as per the preferred debts ranked in the Bankruptcy Law.

For the Court to accept the application under PCP or Bankruptcy procedure, an expert committee is formed to determine the financial status of the debtor. The expert committee shall also be responsible to provide for a restructuring plan, if applicable.

Liabilities of Directors:

The Directors have a personal liability if the company is declared bankrupt. They may be required to contribute towards all or some debts of the company if the assets are insufficient. The directors are also liable for penalties viz., fine and imprisonment for fraudulent or reckless acts. As directors have full access to run the affairs of the company, they are required to act responsibly and in the interest of all stakeholders. It is suggested that in case of an inability to meet the demands of creditors, the directors should be proactive and file a claim for being declared insolvent.

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UAE: Dubai Crypto Platform Teams Up with Police to Combat Fraud

A crypto platform has now teamed up with the Dubai Police to inform and educate people about frauds in the crypto field. It comes as the UAE takes a leading position in promoting blockchain technology, announcing plenty of efforts to make it easier for cryptocurrency traders to transact. The police agency is “extensively” training its officers in crypto and blockchain technology. The goal of the collaboration is to develop "effective investigation approaches to address the hazards associated with cryptocurrency trading. "The Crypto Platform is called BitOasis and they said that they have been working with key policymaking bodies in an effort to combat crypto fraud. The UAE government is reportedly taking active efforts to protect the interests of investors investing in asset classes of this sort online.

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Anti money laundering in the UAE

The clampdown on money laundering and corruption is the common responsibility of all the countries in the world.”

Wang Zhaowen, spokesman for the Bank of China

Money Laundering is the process of disguising the source of large amounts of money generated from illegal activities. Money laundering has long been one of the key operations of organised crime. A large variety of methods are utilised by criminal organisations to make their illegally obtained funds appear to have originated from a legitimate source. It is a criminal offence of the highest order, punishable by severe penalties.

Money Laundering is an offense under the UAE laws and in line with international efforts, the UAE has taken steps to improve its Anti-Money Laundering (AML) defenses and to ensure that they are line with international standards for the combating of money laundering.

In the UAE, Federal Law No.20 of 2018 ("Law") provides the measures taken to combat money laundering and defines the activities that fall under money laundering. An independent “Financial Information Unity” was established within the Central Bank to investigate any suspected illicit financial activity exhibited by financial institutions and corporate establishments.

A few of the provisions provided under the Law have been outlined below.

The Article 2 of Federal Law No.20 of 2018 lays down the acts that constitute money laundering:

• Transferring or converting funds generated from crime or conducting a transaction to conceal or disguise its illegal source.

• Concealing or disguising the true nature, source or location of funds generated through crime.

• Acquiring, possessing or using proceeds upon receiving them.

• Assisting the perpetrator of the offense in escaping punishment.

Financial institutions, non financial businesses, and non-profit organisations are carefully monitored by the respective authorities to ensure that they are complying with the provisions of the Law.

The punishments for violating the Law differ depending on whether it was committed by an organisation or an individual.

Where the violation was committed by an organization, the penalties as per Article 14 are:

• A warning

• A fine between AED 50,000 and 5,000,000 for each violation

• A ban from working in the sector where the violation occurred for a period determined by the respective authorities

• The suspension of managers, Board of Directors, supervisory or executive management members who have proven to be responsible for the violation

• Cancellation of license

The respective authorities may request regular reports on the measures taken to correct these violations.

However, if the violation was committed by an individual, as per Article 22, the penalties will be imprisonment for a period of up to 10 years as well as a fine between AED 100,000 and 5,000,000.

Harsher penalties are in place for anyone perpetrating money laundering by abusing their professional influence, committing the crime through non-profit organisations or with the aid of organized crime groups. In such cases, the penalty will be temporary imprisonment and a fine between AED 300,000 and 10,000,000.

The legal framework for combating money laundering in the UAE has proven effective and has had a positive effect on its financial sectors.

For more information on this topic and any other queries relating to financial crimes in the UAE, contact a registered lawyer.

Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ.

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