We use cookies and similar technologies that are necessary to operate the website. Additional cookies are used to perform analysis of website usage. By continuing to use our website, you consent to our use of cookies. For more information, please read our Cookies Policy.
Closing this modal default settings will be saved.
Mohammed Bin Rashid Establishment for Small and Medium Enterprises Development (Dubai SME), a subsidiary of the Dubai Department of Economy and Tourism (DET), has unveiled an initiative to assist businesses impacted by recent adverse weather conditions.
The initiative aims to offer financial aid through newly introduced interest-free loans, along with grace and deferment periods for existing loans obtained by Emiratis who own small and medium-sized enterprises (SMEs).
This effort seeks to bolster ongoing recovery endeavours and stabilise businesses affected by the adverse weather conditions witnessed in the UAE recently.
The launch of this initiative by the Mohammed Bin Rashid Fund for SME, a division of Dubai SME, is a response to the directives of His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President, Prime Minister and Ruler of Dubai, to address the aftermath of the unprecedented rainfall in the UAE.
Furthermore, the initiative is part of the continuous monitoring and guidance of His Highness Sheikh Hamdan bin Mohammed bin Rashid Al Maktoum, Crown Prince of Dubai and Chairman of the Dubai Executive Council, ensuring comprehensive oversight of all developments related to this issue, and facilitating the swift recovery of all sectors.
The Mohammed Bin Rashid Fund for SME operates under Dubai SME to propel the development and diversification of the local and national economy.
Under this special incentive for Dubai SME members, eligible companies can access interest-free loans of up to Dh300,000, with a grace period ranging from 6 to 12 months, to repair or replace damaged properties crucial for the smooth operation of their businesses.
This underscores the Fund’s commitment to supporting affected SMEs in overcoming challenges, further solidifying Dubai SME's role in fostering economic sustainability within the SME community.
Moreover, the new initiative offers interest-free business loans for material damages and defers loan repayments for affected business owners who are Dubai SME members.
This aids in easing the financial burden and covering the costs of repair and replacement operations to expedite business resumption and minimise disruptions to regular operations, while also supporting the local economy. This is crucial given the significant role SMEs play in revitalising and developing Dubai’s economy.
Abdul Baset Al Janahi, CEO of Dubai SME, stated: “Under the guidance of His Highness Sheikh Mohammed bin Rashid Al Maktoum and the diligent oversight of His Highness Sheikh Hamdan bin Mohammed bin Rashid Al Maktoum to overcome all challenges, we are collaborating with our partners to explore avenues for mitigating the effects of the recent weather conditions that have impacted the country, facilitating a swift recovery.”
Affected Dubai SME members can submit the necessary documents to the Fund’s designated relief financing committee through the website of the Mohammed bin Rashid Fund for SME www.thefund.ae or by contacting the customer service center at 600 555 559.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
In the United Arab Emirates (UAE), establishing Quran classes is a noble endeavour but one that requires adherence to specific laws and regulations.
Aspiring educators and community leaders must navigate a process governed by legal frameworks to ensure compliance and uphold standards of quality and safety.
Recent updates have underscored the importance of understanding the legalities surrounding Quran classes, with penalties of up to Dh50,000 for non-compliance.
To shed light on this crucial topic, we delve into the laws, penalties and processes involved in starting Quran classes in the UAE. The UAE government has established clear guidelines for the establishment and operation of Quran classes to maintain quality standards and ensure the safety of participants.
These regulations encompass various aspects, including licensing, curriculum, facilities, and instructor qualifications. Establishing Quran classes in the UAE requires adherence to a structured process outlined by the relevant authorities.
Prospective organisers must obtain the necessary licenses and approvals, develop a curriculum in accordance with Islamic teachings, and ensure the suitability of facilities and instructors.
Obtain Necessary Licences and Approvals
Before commencing Quran classes, organisers must obtain the required licences and approvals from the relevant government authorities. This may involve submitting an application, providing documentation and undergoing inspections to verify compliance with regulations.
Develop a Curriculum
The curriculum for Quran classes should align with the teachings of Islam and cater to the needs of participants. It may include Quranic recitation, memorisation, understanding of Islamic principles and character development. Organisers are encouraged to seek guidance from religious scholars and educational experts in developing the curriculum.
Ensure Suitable Facilities
The facilities where Quran classes are conducted must meet certain standards to ensure the safety and comfort of participants. This includes adequate space, appropriate amenities and adherence to health and safety regulations. Organisers should prioritise creating a conducive learning environment for students.
Qualifications of Instructors
Instructors leading Quran classes should possess the necessary qualifications, including knowledge of Quranic recitation and interpretation, teaching experience and proficiency in Arabic.
They play a crucial role in imparting knowledge and nurturing the spiritual growth of participants. Establishing Quran classes in the UAE is a commendable initiative that requires careful consideration of legal requirements and adherence to established guidelines.
By understanding the laws, penalties and processes involved, aspiring educators and community leaders can contribute to the promotion of Islamic education while ensuring compliance with regulations.
As the UAE continues to uphold its commitment to fostering religious and educational opportunities, individuals and organisations are encouraged to approach the establishment of Quran classes with diligence and respect for the law.
In doing so, they contribute to the enrichment of society and the preservation of Islamic values.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
In the UAE, Hindu marriages are usually governed by personal status laws and regulations that vary depending on the emirate. While Hindu marriages are not officially recognised by the UAE government, couples often undergo a religious or cultural ceremony to mark their union. However, there are certain legal requirements that couples may need to fulfill, which can include:
Documentation: Couples may need to provide certain documents, such as passports, birth certificates, and a no-objection certificate (NOC) from their respective consulates or embassies.
Registration: Some emirates require Hindu marriages to be registered with the relevant authorities. This registration process may involve submitting a marriage application along with the required documents.
Legalisation: In some cases, couples may need to have their marriage certificate legalised by the UAE Ministry of Foreign Affairs or the relevant embassy or consulate.
Validity of the Marriage: It's essential to ensure that the marriage ceremony adheres to the customs and rituals recognized by Hindu tradition. Additionally, couples should consult with legal experts or religious authorities to understand the validity of their marriage under Hindu law.
Consent: Both parties must consent to the marriage without coercion or duress. Consent is a fundamental requirement for the validity of any marriage.
Age Requirements: In the UAE, the legal age for marriage is generally 18 years old. However, there may be exceptions for minors under certain circumstances, such as parental consent and approval from the courts.
Witnesses: Witnesses may be required to attest to the marriage ceremony. These witnesses must be of legal age and have the capacity to understand the significance of their role.
It's crucial for couples planning to marry in the UAE to consult with legal experts or religious authorities familiar with the local laws and customs to ensure they fulfill all necessary requirements.
Additionally, couples may consider obtaining legal advice from professionals specializing in family law or international marriages.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
‘One Room for Dh8,000 a Night: Some UAE Hotels Raise Prices as Floods Leave Residents Stranded’; ‘Dh600 Towing Cost: Motorists Face Increased Prices After Abandoning Cars Amid Floods’ – These were among the recent headlines in UAE media following the floods that wreaked havoc across the UAE.
While the recent catastrophe saw people unite to support those in distress and the government introduce measures on a war footing, some took advantage of the crisis situation to make a quick profit.
In the aftermath of the flash floods in the UAE, a contentious issue has emerged – price gouging by some businesses, especially hotels. As residents grappled with the natural disaster, reports surfaced of exorbitant room rates, leaving many stranded and questioning the morality and legality of such actions.
What are the moral and legal dimensions of price gouging in the UAE, particularly in light of Federal Law No. 15 of 2022 on consumer protection?
Price gouging refers to the practice of raising prices excessively during times of high demand or emergency situations, often to exploit consumers' urgent needs. In the context of the recent floods, reports have highlighted instances of hotels charging exorbitant rates for accommodation, with some rooms reportedly priced as high as Dh8,000 per night.
From a moral standpoint, price gouging raises ethical concerns about fairness, exploitation and social responsibility. In times of crisis, such as natural disasters, communities rely on businesses to act ethically and prioritise the well-being of consumers over profit maximisation.
Price gouging undermines trust and solidarity within society, as it exacerbates the vulnerability of those already facing hardship.
Legal Framework
In the UAE, Federal Law No. 15 of 2022 on consumer protection serves as a cornerstone for regulating business practices and protecting consumers' rights. The law prohibits unfair commercial practices that harm consumers, including price manipulation and exploitation.
Article 8 of the law explicitly prohibits price gouging, stating that businesses must not exploit consumers' circumstances to charge prices significantly higher than the market value of goods or services.
Enforcement and Penalties
Under Federal Law No. 15 of 2022, businesses found guilty of price gouging can face severe penalties, including fines, suspension of activities and even closure of establishments. The law empowers regulatory authorities to investigate complaints of price gouging and take appropriate enforcement actions to ensure compliance with consumer protection regulations.
Call for Accountability
In light of the reported instances of price gouging by hotels in the wake of the floods, there is a growing call for accountability and transparency in the hospitality sector. Consumers, advocacy groups and regulatory authorities are urging business establishments to adhere to ethical pricing practices and comply with legal obligations to protect consumers' rights.
Price gouging in the UAE, particularly in the aftermath of natural disasters, raises complex moral and legal questions. While businesses have a duty to operate profitably, they must also uphold ethical standards and respect consumers' rights.
As the UAE continues to prioritise consumer protection and fair business practices, it is imperative for all stakeholders to work together to combat price gouging and promote a fair and just marketplace for all.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
Is it possible for employees to start their own business while still being employed?
Yes, you can start a business in the UAE while working full-time; however, it's important to ensure that your business activities do not conflict with your employer's.
Obtaining a No Objection Certificate (NOC) from your employer might be necessary, but the decision to grant it rests with your employer.
Whether you need an NOC depends on the licensing agency and its specific requirements. If your business activities overlap with those of your employer, they may include a non-compete clause in your employment contract, prohibiting you from starting a similar business without their permission.
There are various factors to consider regarding whether your employer can prevent you from starting a business. If you choose to establish your venture in certain free zones where an NOC is not required, you won't need your employer's permission.
However, they may decline your request due to concerns about competition, protecting trade secrets, or compliance with regulations.
Thanks to changes in UAE law, many free zones no longer require employed individuals to obtain permission from their current employer. When you approach a free zone to obtain a licence, they will inform you whether you need an NOC from your current employer.
The regulations outlined in Federal Decree-Law No. 33 of 2021 on the Regulation of Employment Relations, along with those in Cabinet Resolution No. 1 of 2022 concerning the Executive Regulations of Federal Decree-Law No. 33 of 2021, apply in this context.
If an employee wishes to establish or join an entity in the UAE, whether as a partner or shareholder, they must obtain an NOC from their employer.
This requirement ensures compliance with employment regulations and should be fulfilled before commencing any business activities.
Furthermore, if the employee's proposed business activities overlap with their current role, their employer may perceive it as competition.
In such cases, the employment contract may include a non-competition clause, as stipulated in Article 10(1) of the Employment Law.
This clause outlines restrictions on the employee's ability to engage in similar business activities after their employment contract expires, typically for a period of up to two years.
However, the applicability of the non-competition clause can be waived if both parties agree in writing or under specific circumstances outlined in Article 12(4) of Cabinet Resolution No. 1 of 2022.
Moreover, Article 12(5) of the same resolution provides exemptions from the non-compete clause under certain conditions.
These include scenarios where compensation is provided to the former employer, termination occurs during the probationary period, or specific professional categories are determined by the ministry to be exempt from such restrictions.
Under Article 10 of the new UAE Labour Law, if your job gives you access to your employer's clients or trade secrets, they can include a non-compete clause in your contract.
This clause specifies the duration, location, and type of work you're restricted from engaging in after your contract ends, typically for up to two years.
The UAE has enacted new legislation concerning part-time and flexible work arrangements. Part-time employees now have explicit rights, including pro-rated vacation leave.
The legislation also recognises the possibility of remote work or starting a business with the employer's approval.
Additionally, under the new laws, resigning employees are entitled to a full end-of-service gratuity after completing at least one year of service.
Previously, this benefit was only available after five years of service. When you leave your job, your previous employer cannot prevent you from pursuing your business interests.
However, it's crucial to consider the potential impact on your current visa status before taking any action.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
The UAE has experienced a notable surge in trademark registrations during the first quarter of 2024, showing a 64 per cent increase compared to the same period last year.
This rise underscores the growing confidence among investors in the nation's innovative entrepreneurial landscape.
In Q1 of 2024, the UAE recorded a total of 4,610 trademark registrations, up from 2,813 in the corresponding period of 2023, according to official data published by the Ministry of Economy.
Trademark experts and analysts view this surge as a positive indicator for the UAE's business community, reflecting increasing investor confidence in the nation's economy and business climate.
Sunil Ambalavelil, partner and legal consultant at NYK Law Firm, emphasised that trademark registration is crucial for safeguarding intellectual property rights, enabling businesses to differentiate their products and services in the market.
"By registering a trademark, businesses can prevent others from using their brand name, logo, or slogan, establishing a unique identity in the marketplace," Ambalavelil explained.
"This not only fosters brand recognition and customer loyalty but also enhances the value of their offerings."
He further stated: "The uptick in trademark registrations in the UAE demonstrates growing awareness among businesses about the importance of protecting their intellectual property rights. It also signifies confidence in the country's legal framework and enforcement mechanisms, which are critical for safeguarding trademarks and other intellectual property assets."
Shulka Chavan, legal associate at Kaden Boriss, highlighted the UAE's efforts to strengthen intellectual property laws and regulations in recent years. "This increase in trademark registrations is a testament to the effectiveness of these measures," said Chavan.
"It signals growth driven by innovation and is likely to boost business confidence in the UAE, promoting increased competition, innovation, and foreign investment, thereby driving overall growth and prosperity."
During March alone, 2,018 new brands were recorded in the UAE, spanning various sectors such as smart technology, transportation, food and beverage, pharmaceuticals, medical devices, finance and real estate. The trend continued with 2,592 trademarks registered in January and February, demonstrating sustained growth in trademark registrations.
In 2023, there was a substantial increase in trademark registration applications, rising by 9.6 per cent compared to 2022. Additionally, there was a 29.5 per cent increase in the registration of intellectual works.
The Ministry of Economy received 3,415 patent applications in 2023, marking a 19.5 per cent increase from 2022. The total number of registered patents reached 5,108 in 2023, up by 13.7 per cent.
Earlier this year, the Ministry of Economy introduced a new intellectual property (IP) system comprising 11 integrated initiatives aimed at fostering innovation and creativity. Abdulla bin Touq Al Marri, Minister of Economy, emphasised the significance of intellectual property for economic growth and highlighted the UAE's commitment to becoming a global hub for innovation.
According to legal experts, the UAE's adherence to international treaties and agreements, such as the Paris Convention for the Protection of Industrial Property and the Agreement on Trade-Related Aspects of Intellectual Property Rights, strengthens its trademark registration system and enhances international cooperation in trademark enforcement.
They noted that the UAE has established effective mechanisms to protect trademark rights and combat infringement, offering civil remedies like damages, injunctions, and seizure of infringing goods, as well as criminal penalties for trademark counterfeiting and piracy.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
Federal Decree-Law No. (32) of 2021, enacted on 20/09/2021, revolutionises the regulatory framework for commercial entities in the United Arab Emirates.
This law emphasises governance, shareholder protection and economic growth, setting high standards for corporate operations.
Here are your FAQs based on Federal Decree-Law No. (32) of 2021 which we have covered.
What is Federal Decree-Law No. (32) of 2021 About?
This decree law pertains to commercial companies in the United Arab Emirates, aiming to regulate various aspects such as governance, shareholder rights protection, foreign investment facilitation, and corporate social responsibility.
Which Companies Fall Under the Jurisdiction of this Decree-Law?
The Decree law applies to commercial companies established within the UAE. Additionally, its provisions extend to foreign companies establishing their head office, branch, or representative office in the UAE for conducting business activities.
Are there any Exemptions to the Application of this Decree-Law?
Yes, certain companies are exempted, including those wholly owned by the Federal or Local Government, companies operating in specific sectors like energy, and entities exempted under special federal laws or Cabinet decisions.
How Can Companies Exempted from this Decree-Law Adjust their Situation if they Engage in Certain Activities?
Exempted companies may need to adjust their status if they sell shares to the public, offer shares for public subscription, or list their shares on financial markets within the UAE.
What are Special Purpose Acquisition Companies (SPACs) and Special Purpose Vehicles (SPVs) Mentioned in the Decree-Law?
SPACs are public joint-stock companies approved by the Authority with the sole purpose of acquiring other companies, while SPVs are entities established to segregate obligations and assets for specific financing operations. Both types have special provisions outlined in the decree-law.
Who Oversees the Implementation of this Decree-Law?
The Ministry of Economy, along with other relevant authorities such as the Securities and Commodities Authority, plays a role in enforcing the provisions of this Decree-Law.
How Does this Decree-Law Contribute to the Development of the UAE's Economic Landscape?
By establishing clear regulations on governance, shareholder protection and foreign investment, this Decree-Law aims to enhance the business environment, bolster economic capabilities and align with global standards.
What are the Objectives Outlined in Article 2 of the Decree-Law?
The objectives include fostering development in the business environment, enhancing corporate governance, protecting shareholder and partner rights, promoting foreign investment inflow and encouraging corporate social responsibility.
How are Strategic Partners Defined within the Context of this Decree-Law?
Strategic partners refer to those who provide beneficial support to a company in terms of technical, financial, operational, or marketing aspects, as outlined in the provisions of the Decree-Law.
How are Decisions Made within Joint-stock Companies According to the Decree-Law?
Special decisions within joint-stock companies require a majority vote of shareholders who collectively own at least three-quarters of the shares represented in the general assembly meeting.
Federal Decree-Law No. (32) of 2021 signifies a crucial stride towards modernising UAE's commercial regulations. By prioritizing transparency and facilitating investment, this law paves the way for a vibrant and sustainable business environment.
Its implementation underscores the UAE's commitment to fostering economic development and attracting global enterprises
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
Auto insurance is a critical aspect of owning a vehicle, offering protection and financial security in case of unforeseen events.
When it comes to insuring your vehicle, you have two primary options to choose from --third-party insurance and comprehensive insurance. Each comes with its own set of benefits and considerations. Let's delve into understanding the differences between the two and how to select the best option for your needs.
Comprehensive Insurance
Comprehensive insurance is an optional plan that provides both third-party liability and own-damage coverage. This type of insurance offers extensive protection against various risks, including accidents, natural disasters, theft and more. In addition to covering damages to third-party life or property, comprehensive insurance also safeguards your vehicle from unforeseen events.
Third-Party Insurance
As mandated by The Motor Vehicles Act, third-party insurance is compulsory for all vehicles in India. This type of insurance provides coverage for damages or losses incurred by third parties due to your vehicle.
While it offers basic financial and legal assistance in case of accidents, it primarily focuses on protecting third parties rather than your own vehicle.
Differences Between Comprehensive and Third-Party Insurance
The main disparity between comprehensive and third-party insurance lies in their coverage. While third-party insurance protects only against damages to others, comprehensive insurance covers both own vehicle damage and third-party liabilities. Here's a comparative analysis to help you understand better.
Own Damage Cover
Comprehensive insurance protects your vehicle against damages caused by accidents, theft, natural calamities and more, ensuring financial security in case of unforeseen events.
Add-ons
With comprehensive insurance, you have the option to customise your plan with add-ons such as zero depreciation, roadside assistance and engine protection, providing additional layers of protection.
Exclusions in Comprehensive Insurance
Before purchasing comprehensive insurance, it's essential to understand the exclusions. Common exclusions include expired policies, failure to follow traffic rules, fraudulent activities, consequential damages and non-purchase of required add-ons.
Why Choose Comprehensive Insurance?
Comprehensive insurance offers extensive coverage, ensuring financial security for both third-party liabilities and own vehicle damages. It provides peace of mind, flexibility and mandatory compliance with insurance laws.
Selecting the Best Insurance Policy
When choosing between comprehensive and third-party insurance, consider factors such as your insurance requirements, vehicle usage, policy fine print and the reputation of the insurer. Ensure that the policy aligns with your needs and offers adequate coverage.
Auto insurance is a crucial investment that provides financial protection and peace of mind. While third-party insurance is mandatory, comprehensive insurance offers extensive coverage, including own vehicle damages.
By understanding the differences between the two and assessing your needs, you can make an informed decision and select the best insurance policy for your vehicle.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
Heavy rains have recently battered several regions across the UAE, and residents are now grappling with the aftermath of the inclement weather. Among the myriad challenges faced by motorists, losing a licence plate during heavy rains ranks high on the list.
Here is a comprehensive guide on how to navigate the process of applying for a replacement licence plate, ensuring you can swiftly get back on the road legally and safely.
Report the Loss to Authorities
The first crucial step in the process is to report the loss of your licence plate to the relevant authorities. Contact your local police station or traffic department immediately to inform them of the situation. They will provide you with a report confirming the loss, which is essential for initiating the replacement process.
Gather Required Documentation
Once you've filed a report with the authorities, gather all necessary documents for the replacement application. This typically includes your Emirates ID, vehicle registration card and a copy of the police report confirming the loss of the licence plate.
Visit the Traffic Department or Customer Service Centre
Armed with the requisite documents, make your way to the nearest traffic department or customer service centre. Locate the designated counter for license plate replacement and submit your application along with the required documentation.
Pay the Replacement Fee
Be prepared to pay a replacement fee at the time of submitting your application. The fee amount may vary depending on your location and specific circumstances. Ensure you have the necessary funds available to cover the cost.
Await Processing and Notification
Following the submission of your application and payment of the replacement fee, the traffic department will process your request. This typically involves verifying your documents and issuing a new licence plate.
Await notification from the authorities regarding the status of your application and the availability of your new licence plate.
Collect Your Replacement Licence Plate
Upon notification of approval, proceed to the traffic department or customer service centre to collect your replacement licence plate. Ensure you bring along your Emirates ID and any other required documentation for verification purposes.
Losing your licence plate during heavy rains can be a daunting experience, but with the right guidance and proactive steps, obtaining a replacement is entirely feasible.
By promptly reporting the loss to authorities, gathering the necessary documentation and following the prescribed application process, motorists can expedite the replacement process and resume their travels with ease.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
Severe rainfall in the UAE has caused significant damage to vehicles, resulting in the need for insurance claims to cover repairs or replacements. However, managing these claims can be overwhelming due to extended wait times and extensive paperwork.
Thankfully, technological advancements have simplified the process of certifying insurance claims. In this article, we will discuss how you can expedite the certification of your rain-damaged car insurance claim using police apps, making the entire process quicker and more efficient.
You can expedite the certification of your rain-damaged car insurance claim using police apps, making the entire process quicker and more efficient.
Understanding the Importance of Certification
When filing an insurance claim for rain-damaged cars in the UAE, it's essential to have your claim certified by the police. This certification serves as official documentation of the damage and is required by insurance companies to process your claim.
Police Apps
Police apps have revolutionised the way individuals can interact with law enforcement agencies in the UAE. These apps allow users to report incidents, request services and even file insurance claims for vehicle damage directly from their smartphones.
Steps to Certify Your Insurance Claim Using Police Apps
Download the App: Start by downloading the official police app relevant to your emirate, such as Dubai Police, Abu Dhabi Police, or Sharjah Police.
Report the Incident: Navigate to the "Report Incident" or "File a Report" section within the app and provide details about the rain damage to your car, including the location, time and extent of the damage.
Upload Supporting Documents: You may be asked to upload photos or videos of the damage, as well as your vehicle registration and insurance documents.
Receive Certification: Once your report is submitted, a police officer will review the details and, if necessary, visit the location to assess the damage. Upon verification, you will receive a certified police report confirming the rain damage to your car.
Benefits of Using Police Apps for Insurance Claims
Convenience:With police apps, you can file your insurance claim from the comfort of your home or office, eliminating the need to visit a police station in person.
Efficiency: The streamlined process of filing claims through police apps helps expedite the certification process, allowing you to receive your certified report quickly.
Accuracy: By providing detailed information and supporting documents through the app, you can ensure the accuracy of your insurance claim, reducing the likelihood of delays or disputes.
Tips for a Smooth Certification Process
In conclusion, rain-damaged car insurance claims in the UAE can be certified easily and conveniently using police apps. By leveraging technology and following the steps outlined above, you can streamline the certification process and expedite your insurance claim, getting your vehicle back on the road sooner.
Don't let rain damage dampen your spirits – take advantage of police apps to ensure a hassle-free claims experience.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
In the UAE, where heavy rains and unpredictable weather pose significant risks to homes, securing adequate house insurance is essential for homeowners. Insuring your house not only protects against damages from natural disasters like flooding and storms but also provides coverage for theft, fire and other unforeseen events.
Understanding the legalities and regulations set by the UAE Insurance Authority is crucial for navigating insurance options effectively. This guide breaks down key considerations, including types of policies available, coverage details, documentation requirements, premium factors, claims processes and the importance of seeking legal assistance when needed.
Ensure your home is safeguarded against unexpected challenges with comprehensive house insurance tailored to your needs.
Understanding Insurance Regulations
The UAE Insurance Authority (IA) regulates the insurance sector in the country, overseeing the licensing, operation, and supervision of insurance companies.
Insurance companies offering house insurance must comply with the regulations and guidelines issued by the IA to ensure transparency, fairness and consumer protection.
Types of House Insurance Policies
Homeowners in the UAE can choose from various types of house insurance policies tailored to their needs, including:
Building Insurance: Covers the structure of the house against damage or loss caused by perils such as fire, natural disasters, and vandalism.
Contents Insurance: Protects personal belongings and household items inside the house against theft, damage, or loss.
Comprehensive Home Insurance:Combines building and contents insurance, providing comprehensive coverage for both the structure and contents of the house.
Coverage and Exclusions
It's essential to understand the coverage and exclusions of your house insurance policy before purchasing. Typical coverage includes damage or loss due to fire, lightning, explosion, storm, flood, burglary and accidental damage. Exclusions may vary but commonly include acts of war, terrorism, wear and tear and intentional acts.
Documentation and Application Process
To insure your house in the UAE, you'll need to provide certain documents and information to the insurance company, including:
Once you've submitted the required documents, the insurance company will assess the risk associated with insuring your house and provide you with a quotation based on the coverage requested.
Premiums and Payment
House insurance premiums in the UAE are typically calculated based on factors such as the value of the property, its location, construction type and the level of coverage.
Premiums can be paid annually, semi-annually, or monthly, depending on the terms agreed upon with the insurance company.
Claims Process
In the event of damage, loss, or theft covered by your house insurance policy, you'll need to file a claim with the insurance company. The claims process may involve providing documentation, such as a police report for theft or damage assessment reports for property damage.
Once the claim is approved, the insurance company will compensate you for the covered losses or damages as per the terms of your policy.
Legal Assistance
If you encounter any legal issues or disputes related to house insurance in the UAE, it's advisable to seek legal assistance from a qualified lawyer or legal advisor familiar with insurance laws and regulations in the country.
By understanding these legalities and following the proper procedures, you can ensure that your house is adequately insured and protected against unforeseen events in the UAE.
(The writer is a legal associate at NYK Law Firm, one of the top legal consultants in Dubai)
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
In recent years, the UAE has taken decisive regulatory steps to confront the pervasive issue of counterfeit medical products, a threat that extends to the burgeoning cosmetic landscape.
During festive occasions, the application of traditional mehendi remains a cherished tradition. However, concerns have emerged over the increasing use of black or white henna, often laced with synthetic chemicals that can be harmful to the skin.
A prominent dermatologist has recently sounded the alarm about the risks posed by these chemicals, highlighting adverse effects on skin health. Synthetic alternatives found in black or white henna, such as PPD (paraphenylenediamine), present substantial health hazards.
Some products contain PPD levels far surpassing safe thresholds seen in hair dyes, leading to redness, swelling, blistering, painful chemical burns and scarring.
Combatting Counterfeit Medical Products
In parallel to these concerns over cosmetics, the broader issue of counterfeit medical products poses a significant risk to public safety. Consumers must remain vigilant and proactive to avoid falling victim to counterfeit medicines and devices.
Globally, counterfeit medical products are a persistent challenge, with alarming figures showing that approximately 1 in 10 medical items in low- and middle-income countries is falsified (World Health Organisation).
These misrepresented medications, intentionally mislabelled in terms of identity and origin, can have dire consequences, including treatment failure, drug resistance and fatalities.
UAE's Response
The UAE, like many nations, faces the influx of counterfeit medicines with growing apprehension. Despite robust enforcement efforts, counterfeit medications, particularly lifestyle drugs, persist in infiltrating the market, posing a grave risk to public health.
In response to this escalating threat, the UAE has intensified its efforts to combat counterfeit medical products. In recent years, enforcement agencies have tightened scrutiny of medical supplies, resulting in substantial seizures of fraudulent goods.
Collaborative operations involving law enforcement bodies such as Dubai Police and the Dubai Department of Economic Development have yielded the confiscation of millions of counterfeit medical masks, thermometers and related items.
Technological Innovations
The UAE has embraced innovative technologies and initiatives to bolster its anti-counterfeit capabilities. The Department of Health (DoH) has introduced a device capable of swiftly detecting counterfeit medicines, enhancing inspection efficiency.
Furthermore, plans for a new app to identify counterfeit medical products in the UAE market underscore the government's unwavering commitment to safeguarding public health.
Legislation in the UAE for Counterfeit Medical Products
The UAE has implemented stringent laws to deter individuals involved in the production, distribution, or sale of counterfeit medical products. The Federal Trademarks Law and Pharmacy Law impose severe penalties, including imprisonment and hefty fines, on offenders.
Under Article 37 of the Trademarks Law, penalties include imprisonment and a fine of not less than Dh5,000 for dealing with counterfeit products. Article 110 of the Pharmacy Law imposes penalties of imprisonment and/or fines ranging from Dh200,000 to Dh1,000,000 for falsifying or imitating medical products.
Cosmetic Products Regulation in the UAE
The United Arab Emirates (UAE) boasts a vibrant cosmetic industry, offering consumers a diverse range of beauty and personal care products. To ensure the safety and quality of these products, the UAE has established robust regulatory measures overseen primarily by two key administrative bodies: The Dubai Municipality (DM) and the Emirates Authority for Standardisation and Metrology (ESMA).
These organisations play a pivotal role in setting regulatory standards for cosmetic products entering the UAE market. In line with international best practices, the UAE adheres to the unified regulations for cosmetics established by the Gulf Cooperation Council (GCC).
This harmonised regulatory framework requires cosmetic products to undergo registration with both the DM and the ESMA before they can be launched in the market.
The registration process entails the submission of detailed information on the product's formulation, labelling requirements and safety assessments.
Labelling of Cosmetic Products
The labelling of cosmetic products in the UAE is meticulously regulated to ensure transparency for consumers. Labels must be presented in both Arabic and English, featuring clear instructions for use, pertinent safety warnings and other essential information.
Products containing specific substances must comply with corresponding labelling requirements.
To uphold compliance with quality standards and consumer safety, the DM and the ESMA conduct thorough testing and evaluation of cosmetic products.
The Emirates Conformity Assessment Scheme (ECAS) further certifies products that meet regulatory requirements, providing consumers with assurance of quality and safety.
The UAE has taken significant steps to address the problem of counterfeit medical products, leveraging both technological advancements and legislative measures.
The aim is to eliminate counterfeit medical products from the market and safeguard the health and well-being of its citizens and residents.
Similarly, the UAE prioritises safety, quality and transparency in the cosmetic industry.
Cosmetic manufacturers are mandated to adhere to Good Manufacturing Practice (GMP) guidelines, ensuring high-quality standards throughout the production process.
Rigorous evaluations by the DM and the ESMA certify cosmetic products as safe and compliant before they are made available to consumers.
(The writer is a legal associate at NYK Law Firm, one of the top legal consultants in Dubai)
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
In the wake of a devastating fire that swept through a high-rise building in Al Nahda, UAE, claiming the lives of five individuals and leaving 44 injured, with 17 in critical condition, urgent questions arise about accountability and legal liability.
The fire erupted on Thursday, April 4, at 9:30 pm, shrouding the community in tragedy. Emergency responders swiftly evacuated 156 residents, including 18 children, to safety. However, the grim toll of casualties and injuries underscores the gravity of the situation and the pressing need for accountability for the building fire.
Who Bears the Responsibility?
In the UAE, negligent property owners of industrial and commercial buildings face the legal burden of firefighting costs in the event of a fire. This stringent measure is designed to discourage owners from disregarding fire safety standards and ensure compliance with the latest building regulations in the UAE.
Owners found to be non-compliant with fire safety standards are held accountable for all expenses associated with extinguishing the blaze, encompassing firefighting efforts and fines for regulatory violations.
Determining accountability in such tragedies involves a thorough investigation into the cause of the fire and whether any negligence or violations of safety regulations contributed to its escalation. Building owners, property managers, maintenance personnel and relevant authorities may be held legally accountable if lapses in fire safety protocols are identified.
What are the Legal Issues Involved?
Legal issues arising from a building fire may encompass violations of building codes, safety regulations and duty of care obligations towards residents. Civil lawsuits for wrongful death, personal injury and property damage could be pursued against liable parties found negligent in ensuring adequate fire prevention and emergency response measures.
How can Victims of Building Fire Get Compensation?
Victims of building fire and their families may seek compensation through legal avenues such as filing civil lawsuits against responsible parties or negotiating settlements for damages incurred. Additionally, insurance claims for medical expenses, loss of income, and property damage may be pursued to alleviate financial burdens resulting from the tragedy.
What can Tenants Do?
Tenants are encouraged to report any violations observed on the building premises to Civil Defence for appropriate action against the owner.
What is the Role of Insurance Companies?
Insurance companies are prohibited from processing fire insurance claims for establishments that do not meet safety regulations without Civil Defence approval. Any violation of these rules by insurance companies renders them liable in case of fire-related accidents.
Stricter fire prevention measures are being adopted in the UAE to prioritise the safety of individuals and maintain a peaceful environment in commercial and industrial buildings. With stringent measures in place to hold negligent property owners accountable for firefighting costs and promote adherence to fire safety norms, the UAE is steadfast in its commitment to safeguarding the lives and properties of its residents.
(The writer is a legal associate at NYK Law Firm, one of the top legal consultants in Dubai)
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
In legal procedures and under UAE Law of Evidence, evidence is generally defined as any information presented by either party to support their position, with the objective of enabling the courts to definitively determine or decide the case.
Courts across the UAE, including those in Dubai and Abu Dhabi, carefully review the evidence presented in cases before the trial begins. This is essential to ensure that the trial is fair and based on solid facts.
In civil cases, the court examines the evidence to determine its relevance and credibility. The court's decision on the evidence guides the trial process.
In criminal cases, the prosecutor assesses whether there is sufficient evidence to proceed to trial by reviewing all the evidence and making a determination. Based on this assessment, the case may either proceed to trial or be dismissed.
During criminal trials, witnesses may be asked to share their knowledge at different stages, such as when the complaint is made, during questioning by the prosecutor, and during the trial itself. This process helps in establishing all relevant facts.
In civil trials, witness questioning is less common, typically occurring only during the trial itself, not before. Before the trial, the prosecutor reviews all the evidence to determine whether there is enough to proceed to trial. If not, the case may be dismissed.
However, in civil trials, evidence is typically considered during the trial itself, not beforehand.
The Federal Law No. 10 of 1992 on Evidence in Civil and Commercial Agreements governs and regulates the use of evidence in civil and commercial cases in the UAE (Evidence Law). It outlines the methods and rules for presenting written evidence, utilising oral witnesses, expert testimony, and other relevant topics in the UAE Law of Evidence.
During the trial, the court evaluates different types of evidence to better understand the case. This includes:
(The writer is a legal associate at NYK Law Firm, one of the top legal consultants in Dubai)
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
The deadline loomed like the sword of Damocles, but astonishingly, it took just four days for people in the South Indian state of Kerala to channel their compassion and rally together, raising an astounding Rs34 crore (15 million Saudi riyals) to save a man from the state from the gallows in Saudi Arabia.
In a remarkable display of solidarity, people in Kerala have joined forces to save Abdul Rahim, a native of Kozhikode. His only chance for survival is to pay the blood money of 15 million Saudi Riyals, roughly equivalent to Rs34 crore, before April 18, 2024.
Rahim has spent 18 years behind bars in Saudi Arabia for allegedly causing the death of a Saudi boy in 2006. Until five days ago, the action committee formed to work for Rahim's release had only managed to raise a modest amount. However, as the deadline approached, the campaign intensified, and support poured in from Keralites worldwide, the action committee reported on Friday.
Local sources claim that Rahim was imprisoned in 2006 after accidentally causing the death of a specially-abled boy under his care. He was sentenced to death in 2018 when the Saudi boy's family declined to grant amnesty.
Blood Money Offer
Members of the action committee informed the media that although appeals were rejected by higher courts, the family later agreed to pardon Rahim upon payment of 'blood money.'
Commending the spirit of the people of Kerala, state Chief Minister Pinarayi Vijayan hailed this as the "Real Kerala Story" of compassion and justice. "In the face of relentless hate campaigns targeting Kerala, the indomitable spirit of Malayalis shines through, uniting to uphold our state's resilience and compassion," Vijayan remarked.
"Abdul Rahim's ordeal, a Kerala man facing execution in Saudi Arabia, embodies this resilience. With Rs34 crore raised for his release, Kerala's commitment to its people and values is crystal clear, dispelling divisive falsehoods."
"
Gratitude to all who joined hands for this humanitarian cause. Together, we will continue to share the Real Kerala Story of compassion and justice," Vijayan concluded.
Tireless Effort
The action committee, addressing the media in Kerala, disclosed that over 75 organisations in the Gulf region, along with Kerala-based businessman Bobby Chemmannur and various political groups in the state, worked tirelessly in the final days to meet the deadline.
"A multitude of ordinary people contributed whatever they could, and all helped us raise the required funds," a committee member stated.
Rahim's mother expressed astonishment at the amount raised, stating, "I never imagined we could gather Rs34 crore, as we lacked the means. Yet somehow, it became possible."
The committee confirmed that all transactions were conducted through a mobile application created for crowd-sourcing, ensuring transparency.
Chemmannur organised multiple events in recent days to raise funds, even arranging the sale of one of his products and donating the proceeds to the cause. He has also pledged to offer Rahim a job upon his return to the state.
(The writer is a legal associate at NYK Law Firm, one of the top legal consultants in Dubai)
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
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)
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
In his role as the Ruler of Dubai, His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE, issued Decree No. (29) of 2024 concerning the ‘Judicial Authority for Resolving Jurisdictional Conflicts between DIFC Courts and Judicial Authorities in the Emirate of Dubai’.
The Decree applies to all judicial bodies in Dubai, including the Court of Cassation, the Court of Appeal, the Court of First Instance and any future courts established under Dubai's Judicial Authority. It also extends to the DIFC Courts.
Under this Decree, the name of the Judicial Tribunal for Dubai Courts and DIFC Courts will change to the ‘Judicial Authority for Resolving Jurisdictional Conflicts between DIFC Courts and Judicial Authorities in Dubai’, as required by Dubai's legislation.
The Authority will be chaired by the President of the Court of Cassation at Dubai Courts, with the Deputy Chief Justice of DIFC Courts serving as Deputy Chairman. Other members include the Secretary General of the Dubai Judicial Council, the Presidents of the Court of Appeal and the Court of First Instance at Dubai Courts and two judges from DIFC Courts appointed by the Chief Justice.
The Chairman of the Authority has the authority to appoint a Secretary-General from Dubai's judicial bodies. The Authority's responsibilities include determining the appropriate court for disputes, specifying enforceable judgments in conflicts and carrying out tasks assigned by the Ruler of Dubai or the Chairman of the Dubai Judicial Council. Decisions made by the Authority are final and not subject to appeal.
Moreover, the legal principles set by the Judicial Authority in its decisions under this Decree are binding on all courts, including DIFC Courts. Conflicting rulings can be appealed through established legal channels.
The Chairman of the Dubai Judicial Council will issue the necessary decisions to implement this Decree, replacing Decree No. (19) of 2016 concerning the Judicial Tribunal for the Dubai Courts and DIFC Courts.
The Decree supersedes any contradictory legislation and will be published in the Official Gazette, coming into effect the day after its publication.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
Federal Law No. 15 of 2009, also known as the Tobacco Control Law, is a significant legislation enacted in the United Arab Emirates (UAE) to regulate the production, sale, advertisement and use of tobacco and tobacco products.
The law aims to protect public health by reducing tobacco consumption, preventing underage smoking, and mitigating the harmful effects of second-hand smoke. So let's delve into some frequently asked questions about this law and its implications.
FAQs Related to Federal Law No. 15 of 2009:
Is smoking prohibited by law in the UAE?
Federal Law No. 15 of 2009 on Tobacco Control sets forth stringent regulations governing the importation, sale, advertising, and use of tobacco and tobacco products to uphold public health standards.
As per the law, smoking is strictly prohibited in enclosed public areas. However, exceptions are made for religious areas, educational institutions, and health and sports facilities, where designated smoking areas may be established under the supervision of the Competent Authority, per the regulations outlined in the law.
What are the Key Provisions of UAE Federal Law No. 15 of 2009 Tobacco Control?
The law prohibits various activities related to tobacco, including importing tobacco products that do not meet UAE standards, advertising or promoting tobacco products, selling tobacco products to individuals under 18 years old, and smoking in public areas and enclosed spaces.
Additionally, it regulates the packaging of tobacco products and mandates the display and sale of tobacco products only in designated areas.
Is Chewing Tobacco Legal in the UAE?
Chewing tobacco, like other forms of tobacco, is regulated by UAE laws and regulations. Federal Law No. 15 of 2009 encompasses all forms of tobacco and tobacco products, imposing restrictions to protect public health.
Is Smoking While Driving Allowed in the UAE?
Smoking while driving a private car containing a child under the age of 12 years is prohibited under Federal Law No. 15 of 2009 on Tobacco Control. The law aims to prevent exposure to second-hand smoke and promote safer environments, especially for children.
Are there Designated Smoking Areas in the UAE?
Yes, designated smoking areas are established in certain public places, subject to the regulations outlined in Federal Law No. 15 of 2009 and its executive regulations. However, smoking is prohibited in enclosed public areas, educational institutions, healthcare facilities and places of worship.
What are the Penalties for Violating Specific Articles of Federal Law No. 15 of 2009?
Article 13 states that violating the rules dealing with the importation, advertising, sale and use of tobacco and tobacco products can result in imprisonment for not less than one year and a fine ranging from Dh100,000 to Dh1,000,000. Repeat offenders may face imprisonment for not less than two years and a fine of not less than Dh1,000,000.
What Penalties Apply to Violations of Articles (3) and (4) of Federal Law No. 15 of 2009?
According to Article 14), individuals who violate the rules dealing with advertising campaigns, promotional events, sponsorship agreements, or any other means aimed at encouraging the use of tobacco may be fined between Dh100,000 and Dh1,000,000. The penalty may be doubled for repeat offenses.
What is the Penalty for Non-compliance with the Orders of the Competent Authority as per Article (15)?
Article 15 states that failure to comply with the orders of the Competent Authority may result in a fine ranging from Dh50,000 to Dh200,000. Repeat offenders may face imprisonment for up to one year and a fine of not less than Dh200,000.
What are the Consequences of other Contraventions of Federal Law No. 15 of 2009?
Any other contravention of the law may result in an immediate fine of Dh500 for reconciliation. If reconciliation is not possible, the incident will be referred to the criminal court, and the penalty may range from Dh3,000 to Dh10,000. Multiple contraventions will lead to multiple penalties.
Federal Law No. 15 of 2009 plays a crucial role in regulating tobacco use and promoting public health in the UAE. By enforcing strict regulations on the production, sale, advertising and use of tobacco products, the law aims to reduce tobacco consumption and mitigate the adverse health effects associated with smoking.
Understanding and adhering to these regulations, which include significant fines and penalties for violations, are essential for individuals and businesses to ensure compliance and contribute to a healthier society in the UAE.
(The writer is a legal associate at Dubai-based NYK Law Firm)
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
UAE President His Highness Sheikh Mohamed has taken decisive action to alleviate the financial burden on pupils attending government schools in the UAE by clearing up to Dh155 million in outstanding fees.
The directive, issued by President His Highness Sheikh Mohamed, aims to relieve pupils living in the Emirates of owed fees, particularly those enrolled in government schools.
While government education is predominantly free for most pupils, up to 20 per cent of students are subject to fees. Benefiting from this initiative are pupils registered at government-run schools, with the debt accrued up to the academic year 2023-2024 set to be eradicated, as reported by the state news agency Wam.
The initiative will be executed in collaboration with the Emirates School Education Foundation. In the UAE, government-run schools offer free education to pupils who meet specific criteria, including Emirati children, UAE passport holders, citizens of GCC countries and children of individuals holding decrees issued by Sheikh Mohamed.
For those not falling within these categories, government school attendance is possible for a tuition fee of Dh6,000, provided certain conditions are met and acceptance is granted:
Instruction at government schools is predominantly conducted in Arabic for all subjects, with English taught as a secondary language.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
According to statistics from the World Health Organisation (WHO), tobacco claims the lives of over eight million individuals annually, with approximately 1.3 million non-smokers succumbing to the effects of second-hand smoke.
Health experts in the UAE emphasise that exposure to second-hand smoke poses significant health risks to non-smokers, including children, particularly in confined spaces.
Despite smoking being prevalent among residents in the UAE, the emergence of e-cigarettes and vapes has made it easier to access alternative smoking methods and tobacco-related products.
UAE legislation has instituted stringent measures to combat smoking, particularly around minors, and regulate the sale of tobacco-related products.
Smoking is strictly prohibited in enclosed public areas, educational institutions, healthcare facilities, places of worship, and certain outdoor areas.
It is also illegal to sell tobacco and vape products to individuals under the age of 18. Violating these laws may lead to fines, penalties, or other legal consequences.
Here is an overview of the laws related to smoking and tobacco products.
Federal Law No. 3 of 2016
Federal Law No. 3 of 2016 concerning child rights, also known as Wadeema's Law, forbids the sale or attempt to sell tobacco or tobacco products to children. Sellers are obligated to verify the purchaser's age, ensuring they are at least 18 years old.
Additionally, smoking in public or private transportation means and indoor places in the presence of a child is strictly prohibited. Violators face fines starting at Dh5,000.
Additional Prohibitions under Federal Law No. 15 of 2009
This law prohibits and penalises various smoking-related activities, including:
Penalties for Tobacco Sales to Minors
Those found selling or attempting to sell tobacco products to minors confront severe penalties, including a minimum prison sentence of three months and/or fines not less than Dh15,000. Sellers are mandated to verify the purchaser's age, ensuring they are at least 18 years old.
This penalty also applies to individuals selling or attempting to sell alcoholic beverages or any other hazardous materials to minors, prioritizing the protection of children's health and well-being.
Here are some commonly asked questions related to smoking and tobacco products by people in the UAE:
Is smoking prohibited by law in the UAE?
Yes, smoking is prohibited by law in the UAE. Federal laws and regulations strictly govern smoking, including vaping, and aim to protect public health and well-being.
Smoking is banned in enclosed public spaces, educational institutions, healthcare facilities, places of worship, and specific outdoor areas. Additionally, selling tobacco and vape products to individuals under 18 is illegal.
What is UAE Federal Law No. 15 of 2009 Tobacco Control?
UAE Federal Law No. 15 of 2009, known as the Tobacco Control Law, outlines comprehensive regulations concerning tobacco usage. This law prohibits various smoking-related activities, including selling tobacco products to individuals under 18, smoking in private cars with children under 12 present, smoking in specific areas like houses of worship and educational institutions, selling tobacco-like sweets, operating tobacco vending machines, tobacco advertisements and smoking in enclosed public spaces. It aims to promote public health and reduce the prevalence of smoking-related illnesses.
Is chewing tobacco legal in the UAE?
Chewing tobacco, like other forms of tobacco, is regulated by UAE laws and regulations. While specific laws may vary, tobacco consumption in any form is generally subject to restrictions to protect public health. It is advisable to familiarise oneself with the relevant laws and regulations regarding tobacco usage in the UAE.
Is smoking while driving allowed in the UAE?
Smoking while driving is not explicitly prohibited by UAE law. However, smoking in private cars with children under 12 present is prohibited under Federal Law No. 15 of 2009 Tobacco Control.
Additionally, smoking in private vehicles may be restricted in certain circumstances or locations, such as enclosed parking lots or designated non-smoking areas.
It is essential to adhere to relevant laws and regulations to ensure compliance and promote road safety and public health. While smoking is a personal choice, it's crucial to recognise the importance of abiding by laws and respecting the cultural norms in the UAE.
Understanding UAE's smoking and tobacco laws is essential for both residents and businesses to ensure compliance and contribute to a healthier society. By adhering to these regulations, individuals not only fulfill their legal obligations but also play a vital role in promoting public health and well-being in the UAE.
(The writer is a legal assocuate at Dubai-based NYK Law Firm)
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
Starting April 1, 2024, Dubai landlords are required to obtain a legal order before seeking a rent re-valuation.
Dubai landlords still have the option to apply for a rent re-valuation through the Real Estate Regulatory Authority (RERA) if they believe they are entitled to a higher rental rate than suggested by the updated Rental Index.
However, they must adhere to new requirements set by the RERA, which mandate the attachment of a judgment or legal order to their re-valuation request. This requirement applies to all rent re-valuation requests made from April 1, 2024 onwards.
According to the Ejari portal, landlords must initiate the process through the Rental Dispute Centre (RDC) and file a case to obtain the necessary legal order.
Previously, landlords could apply for a rental evaluation to adjust their rental rates based on the outdated calculator.
This recent change marks a shift from the previous practice where landlords could pay a fee to the Dubai Land Department for rental valuations, as noted by property management firm Allsopp & Allsopp Group.
The updated RERA Rental Index calculator now serves as the sole reference for calculating rental increases, following its update on March 1, 2024. Consequently, landlords are no longer permitted to raise rental prices above the benchmark provided by the calculator.
While landlords retain the option to request re-evaluations, the process for obtaining a revaluation certificate has undergone modifications, according to a statement from Allsopp & Allsopp.
Anisha Sagar, Director of Property Management at Allsopp & Allsopp Group, highlighted the significance of this change, citing that as of the first quarter of 2024, approximately 72,885 rental contracts have been renewed in Dubai, involving 145,770 tenant and landlord decisions.
Given this substantial volume, utilising the RERA calculator as the definitive source for rental adjustments is deemed logical.
The introduction of legal requirements ensures that valuation changes are scrutinised fairly against the updated calculator, providing assurance to both landlords and tenants alike.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
The UAE government has announced Eid Al Fitr holidays for both public and private sector employees.
Federal government workers will enjoy a nine-day break starting from Monday, April 8, until Sunday, April 14. Regular working hours will resume on Monday, April 15.
The Ministry of Human Resources and Emiratisation (MoHRE) has declared Eid Al Fitr holidays for private sector employees from the 29th day of Ramadan (April 8) until Shawwal 3. This means private establishments will be closed from April 8 until April 11 or April 12, depending on the crescent moon sighting.
If Ramadan extends to 30 days, the Eid break will span from April 8 to April 12, including weekend days. If Ramadan lasts for 29 days, the break will be from April 8 to April 11, also encompassing the weekend.
Residents across the country are eagerly anticipating the festivities as preparations begin for the longest public holiday of the year.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
Abu Dhabi's Big Ticket Raffle Draw will halt operations starting April 1, in alignment with UAE regulatory gaming requirements, the Abu Dhabi-based raffle draw announced on Monday.
Despite this pause, the scheduled live draw for series 262 will proceed on Wednesday, April 3, featuring the distribution of all prizes, including a guaranteed grand prize of Dh10 million.
Additionally, Dream Car draws for Maserati Ghibli and Range Rover Evoque, originally slated for May 3, will also occur during this event.
Last year, Big Ticket awarded a total of Dh246,297,071 in prizes. The most recent winner, Dubai-based Indian expat Mohammad Shereef, intends to share his Dh15 million jackpot with 19 friends.
Following suit with other major raffle draw operators, Big Ticket's cessation of operations complies with directives from the UAE Gaming Regulatory Authority (GCGRA), which aims to foster a socially responsible gaming environment.
GCGRA oversees regulatory activities, licensing, and the responsible development of commercial gaming.
Big Ticket expressed gratitude to its customers for their unwavering support and pledged to maintain transparency, responsibility, and integrity in prize distribution.
Updates regarding the resumption of operations will be communicated through official channels, with a commitment to swiftly return to normal business.
During the pause, customers will be unable to access their accounts, but full access will be restored once operations resume. Big Ticket ensures the security and guarantee of all previously won prizes.
While no specific timeline for resuming business was provided, customers can contact Big Ticket customer support for inquiries or assistance at +971022019244 or help@bigticket.ae.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
From Thursday onwards, movie enthusiasts in the UAE unite in gratitude towards the authorities for granting approval for the release of the pan-Indian film, The Goat Life, which was not authorised for screening in theatres in other GCC countries.
Starring Prithviraj, The Goat Life debuted simultaneously in Malayalam, Tamil, Telugu, Kannada and Hindi in theaters across the UAE.
Despite it being Ramadan time, theatres in the UAE experienced significant attendance, even for late-night shows. Many were eager to attend the first screening. Some had doubts about whether the film, which portrays an Arab as the antagonist to the protagonist Najeeb, would ever be permitted for screening in any Gulf countries. However, many are still left wondering how the authorities sanctioned the screening of such a film.
A Great Experience
"It’s a great step as far as the UAE is concerned, as the rulers of this country never hesitate to absorb the necessary changes the time demands. It’s a great joyful experience and big relief for the moviegoers in the UAE that they can also watch one of the biggest dream projects of the Malayalam film industry at the same time as it is watched in India," said Sameer Ali, a cinematographer who works for Malayalam films as well as films produced in the UAE.
"The UAE government’s careful and well-studied approach to the various modern-day art forms is an emulative example for many countries," said Prasad Enathil, who works as a supervisor at Tack and Track company.
Prem Raj, who works for a private firm, was short of words to praise UAE authorities for allowing the screening of a film that discusses even some negative aspects of Arabs. "Will this magnanimity happen in any other countries?" he asked.
Vivekanandan Ennazhiyil, an outdoor salesman in a private firm, is apprehensive about a change in attitude among Arabs after watching this film. "Will they lose their love and affection towards us after watching this?" he asked.
But he was quick to add: "Though the cruel sponsor in the film is an Arab, the person who showed the path to escape out of the desert is an African Arab, and the rich person who took Najeeb to safety in his luxury car was also an Arab, which means that the film tries to depict all aspects of human beings, regardless of nationality."
Sahad from Thiruvananthapuram, who works in a real estate company in Dubai, was struggling to come out of the hangover created by the film in his mind.
"I have never watched a film like this. The enchanting Arabian desert and its various hues have captured my mind," he said, adding that earlier films like Sameer and Gaddama, that had similar aspects about Arabs, were not allowed to be screened, while The Goat Life got the clearance of the authorities in the UAE.
GCC Countries Yet to Make a Decision
The Goat Life was released on March 28 in the UAE theatres along with the rest of the world, though other GCC countries are yet to make a decision on the release.
Recently, the Bollywood movie Fighter, starring actors Hrithik Roshan and Deepika Padukone, was banned in the UAE, as was the case with the Malayalam movies ‘Gaddama’ and ‘Sameer’ a few years back, indicating that they were in violation of the regulatory framework of the UAE.
The Goat Life delves into the challenges faced by a migrant labourer working as a goatherd in Saudi Arabia. Given the sensitive nature of certain themes depicted in the film, there was concern about potential backlash or suspension in the UAE. The portrayal of the struggles of migrant workers and life in Saudi Arabia could have attracted scrutiny in the UAE too, highlighting the ongoing tension between artistic expression and cultural considerations.
Goat Life is a survival drama film written, directed, and co-produced by famous Indian director Blessy. The film is an international co-production involving companies in India and the United States.
It is an adaptation of the 2008 Malayalam novel Aadujeevitham by Benyamin, which he claims is based on a true incident.
The film stars Prithviraj Sukumaran as the protagonist Najeeb, an Indian immigrant labourer from Kerala who finds himself forced into slavery as a goatherd on a secluded farm in Saudi Arabia.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
The family of a 37-year-old DJ from Mumbai is gearing up to appeal his 25-year prison sentence in the UAE following a drug-related conviction in Sharjah.
An appellate court in Sharjah had rejected in last November the appeal filed by the DJ, who was purportedly framed in a drugs smuggling case by a Borivali-based baker and his associate.
The DJ, also a Borivali resident, was arrested in Sharjah on February 6 and sentenced to 25 years’ imprisonment after he was found carrying a cake laced with drugs.
Wife's Faith
The DJ’s wife expressed her unwavering faith in the UAE's legal system while speaking from Mumbai to a prominent UAE-based daily. She emphasised her belief that justice will ultimately prevail. Her optimism stems from a Mumbai Police report suggesting that husband was framed by a baker and an accomplice who employed similar tactics on multiple individuals.
Police Investigation
According to Mumbai Police, the baker deceived unsuspecting victims into unknowingly transporting drugs to the UAE, subsequently alerting local authorities about the contraband. In April, the Mumbai police’s Crime Branch had arrested the baker and his associate for framing a famous actress using a similar modus operandi.
The case against the actress was dropped and she was released from the Sharjah jail after the Mumbai police arrested the baker and his associate and provided all the documents to her lawyer to produce in the Sharjah court.
The appellate court has, however, refused to accept the evidence collected by the Crime Branch in the DJ’s case and has dismissed his appeal.
The Cake Laced with Drugs
The Crime Branch investigation revealed that on January 28, the DJ received a call from a person, who told him that he was from a recruiting agency and wanted to offer the DJ a job at their club in Sahara Star, for which he would have to give a demo to his bosses in Dubai.
The DJ met this person the next day at a coffee shop to discuss the offer. After accepting the job, he was to leave Mumbai in the early hours of February 6, a few hours after his nine-year-old daughter’s communion, which was also attended by the Borivali baker. The recruiting agency man called up the DJ after the function and asked to meet him at the gate of ITC Hotel on the way to the airport to pick up a cake to be sent to his bosses.
“The recruiting agency guy had earlier said that he would accompany the DJ but said he had to cancel his trip at the last minute,” says the DJ’s wife.
The DJ left his house at 12.30 am on February 6 and went to pick up the cake from the agency man, who specifically told him to put the cake inside his luggage.
At 2.30 pm, when baker went to the DJ’s house to pick up his wallet which he had purportedly left there, the DJ’s wife received a message from the agency man’s number that her husband had been arrested in Sharjah for being in possession of drugs.
The baker then pretended to make a few calls and told the DJ’s wife that the authorities in Sharjah were demanding ₹80 lakh to release him. “I asked him (the baker) to talk to my brother-in-law but he refused, saying that his name should not be revealed.
Till March 25, he kept calling me on WhatsApp, telling me to arrange for the money for my husband’s release, which had by then fallen to ₹15 lakh. It sounds like a movie plot, but it was an extremely well-planned frame-up. We did not even think of foul play,” she says.
Well-planned Frame-up
The Dj’s wife had known the baker’s girlfriend through work since 2012 and was introduced to him in 2018. “When they broke up, he had called my husband to help patch things up, as he wanted to marry her,” she said. “He even invited us to a farmhouse in Vajreshwari for a weekend to thank us for our help.”
The baker’s girlfriend was earlier married to his cousin and had a son from the marriage. This son, according to the DJ’s wife, would often remark that the DJ reminded him of his father, which had irked the baker. “Throughout the trip to the farm, the baker was furious. He also felt that it was bizarre that the DJ reminded the child of his father.”
This reportedly was the reason the baker sought revenge and framed the DJ, just as he had framed the actress earlier on account of a disagreement with her.
Remaining Hopeful
The DJ’s wife disclosed to the Dubai daily that they have provided her husband’s legal team in the UAE with the confession and call records, which indicate that the tip-off to Sharjah authorities regarding the drugs originated from the baker's number.
Describing the profound impact on their family, she mentioned their daughter and the DJ’s bedridden father, both deeply affected by the situation.
Recounting the events leading to her husband’s arrest, she explained how her husband was enticed into the trap with a job offer as a DJ in a new Mumbai hotel.
She detailed how the accomplice convinced him to travel to the UAE to showcase his skills to potential investors.
Deputy Commissioner Krishnakant Upadhyay highlighted the baker's modus operandi, asserting, "He himself would then alert the police and airport authorities, providing details of the individual and orchestrating their arrest."
The DJ’s wife revealed that they first learned about his arrest through a text message, originating from the same number used to contact him for the job offer and book his tickets.
Despite the challenges, she remains hopeful for justice through the Emirates' judicial system, trusting that her family will ultimately prevail.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
Cyberbullying and online harassment have become prevalent issues in the UAE, and understanding the laws and reporting mechanisms is crucial for combating these offenses and ensuring online safety.
UAE laws against cyberbullying and harassment are robust, and Federal Decree No. 34 of 2021 deals with countering rumours and cybercrimes. This article delves into what constitutes such behaviour and how users can navigate the legal landscape.
Defining Cyberbullying and Online Harassment
Under the Cyber Law Federal Decree No. 34 of 2021, cyberbullying encompasses various forms, with spreading rumours highlighted as a significant offense falling under Article 52. These acts can result in severe consequences, including legal repercussions and detrimental impacts on mental health. The law outlines different violations and corresponding penalties:
Reporting Cybercrimes
Various platforms and channels are available for reporting cybercrimes in the UAE, including:
Guidance for Victims: What to Do if You Experience Such Criminal Behaviour?
You should follow the following steps if you become victims of cyberbullying or harassment:
By understanding UAE laws and reporting mechanisms, individuals can effectively combat cyberbullying and harassment, promoting a safer online environment for all users.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
As the long-awaited pan-Indian film Goat Life (titled "Aadu Jeevitham" in Malayalam), starring Prithviraj Sukumaran, is set to release on March 28, 2024, in UAE theaters, film enthusiasts are breathing a sigh of relief that it has not faced the axe here, unlike in other GCC countries.
Recently, the Bollywood movie Fighter, starring Hrithik Roshan and Deepika Padukone, was banned in the UAE, as were Malayalam movies Gaddama and Sameer a few years back, for violating the regulatory framework of the UAE.
Goat Life delves into the challenges faced by a migrant worker working as a goatherd in Saudi Arabia. Given the sensitive nature of certain themes depicted in the film, there were concerns about potential backlash or suspension in the UAE as well. The portrayal of the struggles of migrant workers and life in Saudi Arabia could have attracted scrutiny in the UAE, highlighting the ongoing tension between artistic expression and cultural considerations.
Unwanted Comparisons
"It’s a fact that some Indian media outlets with vested political interests are celebrating the ban of Goat Life in GCC countries except in the UAE. They are using the ban to draw comparisons and interpretations related to freedom of expression in India, where the legal system differs," said Nisar Ibrahim, an award-winning short film director and sculptor, who was part of the crew of many Indian films shot in the UAE.
"As an expatriate film enthusiast working in the UAE, I am proud and happy that Goat Life is not banned here, as it does not undermine Arab culture or the legal system of the GCC countries. The decision to avoid risk and ban the movie might stem from the impression that the script or content could be harmful, often fuelled by propaganda. In fact, Saudi Arabia only recently opened its doors to films. Their decision to ban the movie might be part of their efforts to uphold their regulations," continued Nisar.
"I was part of another movie, Sameer, with a script similar to the content of Goat Life. It was not allowed to be screened in the UAE. But Goat Life has been cleared. This shows that UAE authorities are convinced that 'Goat Life' is a film with content that will attract international exposure and won’t offend Arab culture," he said, hoping that other GCC countries will follow suit once the film is released.
UAE Open-minded
"The cultural landscape in the UAE differs from that of other GCC countries. It has an open mind towards literature, theater, and stage shows, which is precisely why Goat Life received permission for screening," said Shaji Haneef, a prominent writer in the UAE and producer of many short films.
"It’s a docu-fiction and does not depict a cross-section of Arabia. It’s only a part of it and cannot be generalised. A story, cinema, or art form depicts an exceptional piece of work. 'Goat Life' is a rare incident. Generally, Arabs are very lovable, and they have contributed many positive aspects to our lives," said Shaji, who is also a well-established businessman.
Survival Drama
Goat Life is a survival drama film written, directed, and co-produced by the renowned Indian director Blessy. The film is an international co-production involving companies from India and the United States. It is an adaptation of the 2008 Malayalam novel Aadujeevitham by Benyamin, which he claims is based on a true incident.
The film stars Prithviraj Sukumaran as the protagonist Najeeb, an Indian immigrant laborer from Kerala who finds himself forced into slavery as a goatherd on a secluded farm in Saudi Arabia.
The Arabic translation of Aadujeevitham was banned in both the UAE and Saudi Arabia. The novel earned several awards, including the Kerala Sahitya Academy Award in 2009. It was translated into English, Hindi, and other Indian languages, making a significant literary impact.
The recent suspension of Fighter in the UAE highlights the delicate balance that authorities strive to maintain between cultural norms and the portrayal of content in films. The government's unwavering commitment to preserving cultural and religious sensitivities has led to the temporary cessation of movies found to contravene these values.
The meticulous scrutiny of content in the UAE was further exemplified by the situation surrounding the Barbie movie, which encountered restrictions due to its portrayal of themes conflicting with cultural norms and sensitivities.
Prohibition Criteria in the UAE
The UAE authorities have established specific criteria which, if breached, can result in the prohibition or suspension of films. Here are nine primary reasons behind such determinations:
Cultural Sensitivity: Movies that disrespect or portray cultural, religious, or traditional values in a manner inconsistent with UAE norms may undergo censorship.
Political Content: Political content that might be considered offensive or contrary to the interests of the UAE or its allies may lead to the suspension of films.
Nudity and Sexual Content: Excessive nudity, explicit sexual content, or scenes that violate the conservative norms of the UAE can result in film censorship.
Profanity and Obscenity: The use of strong language, profanity, or obscene content may lead to the prohibition or suspension of films in the UAE.
Drug Promotion: Films that glamorise or promote drug use or any form of substance abuse may face restrictions in the UAE.
Violence and Gore: Excessive violence or graphic scenes that contradict the country's standards for public viewing may lead to the suspension of films.
LGBTQ+ Themes: Movies featuring LGBTQ+ themes or content perceived as promoting non-heteronormative relationships could undergo censorship.
Anti-Islamic Content: Any content perceived as disrespectful or critical of Islam may lead to the banning or suspension of films in the UAE.
National Security Concerns: Films that raise concerns about national security or depict activities deemed threatening to the UAE can result in censorship.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
Conducting due diligence is an essential step that involves extensive research and examination before entering into any property agreement, especially for those looking to invest in UAE real estate.
This step is highly recommended by property lawyers in the UAE as it ensures that you are well-informed and protected before making any purchase.
When it comes to conducting due diligence on properties in the UAE, the process can be overwhelming without proper guidance.
To make things easier, here’s a list of frequently asked questions to ensure you are well-informed before making any property-related decisions.
What is Due Diligence When Buying Property in the UAE?
Due diligence is a thorough check-up conducted before purchasing a property in the UAE. It involves examining every aspect, from legalities to the physical condition of the property, to ensure a safe and informed investment.
What is the Importance of Due Diligence?
Due diligence is essential to comprehend the property's true nature, identify any potential risks or issues, and ensure a smooth transaction process. It provides peace of mind and safeguards against unexpected complications.
What is the Process?
Due diligence entails several steps, including reviewing property titles, conducting physical inspections, verifying financial aspects, researching the neighbourhood and identifying any legal disputes or historical issues associated with the property.
Start by reviewing the property's title deed to confirm ownership, any existing mortgage agreements and accurate property specifications. Obtain copies from the property developer or seller and conduct a title search at the Dubai Land Department to verify ownership and identify any legal encumbrances.
Employ a licensed technical inspection company to verify the property's dimensions and physical condition, ensuring there are no defects or discrepancies. This step provides assurance and confidence in the property's condition before proceeding with the transaction.
After completing due diligence, draft a Memorandum of Understanding (MoU) to outline the key terms of the property transaction. Ensure that any additional terms and conditions are attached as addendums to Form F, which must be signed and recorded with the Dubai Land Department.
Who are the Professionals Involved?
To conduct proper due diligence on the property's title deed, ensure you have the necessary power of attorney from the seller or developer. Consider seeking assistance from the best lawyers to guide you through the process and ensure legal compliance.
Professionals such as lawyers, surveyors and real estate agents play crucial roles in the due diligence process. They provide expertise in legal matters, property inspections, and market insights to facilitate a seamless transaction.
What are the Timelines and Costs?
The duration of due diligence varies depending on the property's complexity but typically takes a few weeks to a couple of months. While there are associated costs with hiring professionals, the investment is worthwhile for the security and confidence it brings to the purchase.
What are the Common Pitfalls?
Pitfalls in due diligence include overlooking ownership laws, cultural or legal misunderstandings, developer reputation, contractual complexities and inadequate dispute resolution planning. Engaging knowledgeable professionals helps mitigate these risks.
Also, sellers may attempt to make alterations to the property after due diligence, so conduct a final check closer to the transfer date to ensure the property status remains unchanged.
Stay proactive, stay informed and take the support of legal experts to navigate the complexities of property due diligence with ease.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
Joby Aviation Inc. a US-based firm which develops all-electric aircraft for commercial passenger service is planning to launch its flying taxi service in Dubai ahead of any other location, including its home base in the US.
According to Joby’s president of operations, Bonny Simi, progress on a partnership with the emirate, announced earlier this year, is more advanced than in other areas, enabling a Dubai launch first.
“We signed a definitive agreement with the government of Dubai that grants Joby exclusive rights to operate air taxis in the Emirate for six years. The agreement includes financial support and identifies a regulatory pathway to enable early operations,” the company said in its financial statement.
In February, Joby announced plans to commence initial operations by 2025 in Dubai, where it secured a six-year exclusive agreement for its electric air-taxi services, with commercial services slated for early 2026. Simi now suggests this milestone may be achieved as soon as late 2025.
Dubai’s government has offered economic support, with regulators dedicating resources specifically to Joby, facilitating a swift and safe progression. This support aims to financially de-risk the initial launch.
Initially, Joby plans to establish four vertiports across Dubai for its electric vertical takeoff and landing vehicles, including Dubai International Airport, Palm Jumeirah, downtown Dubai near the Burj Khalifa tower and the city’s marina.
Meanwhile, rival Archer Aviation Inc. struck a preliminary deal last year with the government of nearby Abu Dhabi, targeting manufacturing and a service launch by 2026. Although Joby will enjoy exclusivity for flights within Dubai, Archer plans to operate flights between Abu Dhabi and Dubai, as well as across the UAE.
Several other eVTOL market contenders have also turned their attention to the oil-rich Gulf states. Lilium NV, Embraer SA’s Eve Air Mobility and Volocopter GmbH have all signed agreements in Saudi Arabia, the UAE, or both.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
Saying goodbye to a loved one is always the most challenging part of dealing with their passing. Given the United Arab Emirates' diverse population, with people from various faiths and cultures, each family may have its unique burial traditions.
According to Federal Law regulations, deceased individuals must be interred exclusively in cemeteries officially designated by competent authorities.
The funeral rites and procedures following the passing of a loved one are particularly challenging moments. Given the UAE's diverse population, consisting of individuals from various ethnic backgrounds and religious beliefs, funeral customs may vary among residents.
In addition to streamlining a concise five-step protocol for post-mortem formalities within the country, the Emirates has instituted stringent legislation and substantial penalties concerning burial and funeral practices, aiming to ensure uniformity and safety.
These measures not only facilitate families in bidding farewell to their departed loved ones peacefully but also uphold legal compliance and respect for the deceased.
Here are 12 infractions during the burial process that could result in fines of up to Dh500,000, which you may not be aware of:
Fine Range of Dh10,000 to Dh50,000
1 Illegally transferring a body, remains, or organs within the country without a permit.
2 Unauthorised photography of a deceased person for purposes other than legally permitted.
3 Erecting structures or additions within a cemetery.
4 Conveying the deceased in a vehicle not designated for this purpose, excluding ambulances.
5 Using unofficial means to transport corpses within the country.
6 Misusing cemeteries for purposes other than burial.
Heavier Penalties
7 Burial in an undesignated cemetery within the UAE may result in up to one year of imprisonment, along with a fine ranging from Dh10,000 to Dh100,000.
8 Conducting a burial within the UAE or transferring a deceased individual out of the country without the required permits could lead to imprisonment for up to one year and fines ranging from Dh100,000 to Dh500,000.
Desecration Offenses
9 Desecrating a cemetery, grave, or storage area for the deceased incurs a fine between Dh100,000 and Dh200,000, along with a prison term of up to one year.
10 Unauthorised exhumation of a grave to remove a person or organ results in fines ranging from Dh100,000 to Dh200,000, coupled with imprisonment for four years or more.
11 If desecration occurs during the process of exhumation, the penalty escalates to imprisonment for over five years.
Import and Export Regulations
12 Importing or exporting deceased bodies, organs, or remains without proper permits in the UAE attracts fines between Dh50,000 to Dh100,000 and imprisonment for less than a year.
To ensure a respectful and lawful burial process in the UAE, individuals must follow regulations and avoid violations.
By respecting diverse cultural and religious backgrounds, while upholding legal standards and honouring the deceased, families can bid farewell peacefully and with dignity.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
Researchers in Denmark are harnessing artificial intelligence and data from millions of people to help anticipate the stages of an individual's life all the way to the end, hoping to raise awareness of the technology's power and its perils.
Far from any morbid fascinations, the creators of life2vec want to explore patterns and relationships that so-called deep-learning programs can uncover to predict a wide range of health or social "life-events".
"It's a very general framework for making predictions about human lives. It can predict anything where you have training data," Sune Lehmann, a professor at the Technical University of Denmark (DTU) and one of the authors of a study recently published in the journal Nature Computational Science, told AFP. For Lehmann, the possibilities are endless.
"It could predict health outcomes. So it could predict fertility or obesity, or you could maybe predict who will get cancer or who doesn't get cancer. But it could also predict if you're going to make a lot of money," he said.
The algorithm uses a similar process as that of ChatGPT, but instead, it analyses variables impacting life such as birth, education, social benefits, or even work schedules.
The team is trying to adapt the innovations that enabled language-processing algorithms to "examine the evolution and predictability of human lives based on detailed event sequences".
"From one perspective, lives are simply sequences of events: People are born, visit the pediatrician, start school, move to a new location, get married and so on," Lehmann said.
Yet the disclosure of the program quickly spawned claims of a new "death calculator", with some fraudulent sites duping people with offers to use the AI program for a life expectancy prediction -- often in exchange for submitting personal data.
The researchers insist the software is private and unavailable on the internet or to the wider research community for now.
Data from Six Million
The basis for the life2vec model is the anonymised data of around six million Danes, collected by the official Statistics Denmark agency.
By analysing sequences of events it is possible to predict life outcomes right up until the last breath. When it comes to predicting death, the algorithm is right in 78 per cent of cases; when it comes to predicting if a person will move to another city or country, it is correct in 73 per cent of cases.
"We look at early mortality. So we take a very young cohort between 35 and 65. Then we try to predict, based on an eight-year period from 2008 to 2016, if a person dies in the subsequent four years," Lehmann said.
"The model can do that really well, better than any other algorithm that we could find," he said.
According to the researchers, focusing on this age bracket -- where deaths are usually few and far between -- allows them to verify the algorithm's reliability.
However, the tool is not yet ready for use outside a research setting.
"For now, it's a research project where we're exploring what's possible and what's not possible," Lehmann said. He and his colleagues also want to explore long-term outcomes, as well as the impact of social connections have on life and health.
A Scientific Counterweight
For the researchers, the project presents a scientific counterweight to the heavy investments into AI algorithms by large technology companies.
"They can also build models like this, but they're not making them public. They're not talking about them," Lehmann said.
"They're just building them to, hopefully for now, sell you more advertisements, or sell more advertisements and sell you more products."
He said it was "important to have an open and public counterpoint to begin to understand what can even happen with data like this".
Pernille Tranberg, a Danish data ethics expert, told AFP that this was especially true because similar algorithms were already being used by businesses such as insurance companies.
"They probably put you into groups and say: 'Okay, you have a chronic disease, the risk is this and this'," Tranberg said. "It can be used against us to discriminate us so that you will have to pay a higher insurance premium, or you can't get a loan from the bank, or you can't get public health care because you're going to die anyway," she said.
When it comes to predicting our own demise, some developers have already tried to make such algorithms commercial.
"On the web, we're already seeing prediction clocks, which show how old we're going to get," Tranberg said. "Some of them aren't at all reliable."
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
In a significant move aimed at enhancing healthcare coverage for private sector workers, the United Arab Emirates (UAE) has declared the implementation of a mandatory health insurance scheme starting from the year 2025.
The decision, announced by government officials, marks a pivotal step towards ensuring comprehensive healthcare access for all employees working in the private sector across the Emirates.
The initiative underscores the UAE government's commitment to prioritising the well-being and healthcare needs of its workforce, a vital component in sustaining the nation's economic growth and prosperity.
The implementation of a mandatory health insurance scheme is expected to have a significant impact on both employees and insurance companies operating within the UAE.
For employees, this scheme brings a sense of security and peace of mind, knowing that they will have access to essential healthcare services without bearing the burden of hefty medical expenses.
With healthcare costs often being a concern for individuals and families, the introduction of mandatory health insurance is poised to alleviate financial strain and ensure timely access to medical treatment when needed.
However, for insurance companies, this announcement brings both opportunities and challenges. On one hand, the mandatory health insurance requirement will likely result in a surge in demand for health insurance policies, leading to increased business opportunities for insurance providers.
This could potentially translate into higher revenues and market growth for the insurance sector in the UAE.
On the other hand, insurance companies will need to adapt to the increased demand and ensure they can efficiently manage the influx of new policyholders while maintaining quality service standards.
Additionally, insurers may encounter pressure to provide competitive premiums and comprehensive coverage packages to maintain attractiveness in the market amid intensified competition.
They must employ a measured approach to premium adjustments, ensuring transparency to prevent sudden financial strain on both employers and individuals.
It is imperative for insurers to recalibrate their offerings, guaranteeing fair and equitable pricing that considers the needs of all policyholders, thus avoiding disproportionate impacts on family coverage costs.
Following the implementation of the mandatory insurance scheme, UAE is poised to witness a significant increase in health insurance premiums.
There has been substantial growth in the health insurance market in Abu Dhabi in 2007 and Dubai in 2012 following the introduction of mandatory medical insurance.
While there may be some initial adjustments for newly enrolled family members, the overall impact is expected to be minimal, particularly in emirates like Abu Dhabi, where employers are responsible for covering the employee, spouse, and up to three children.
The launch of the mandatory scheme is expected to stimulate investments in healthcare infrastructure, thereby enhancing service quality and fostering competition, innovation, and advancements in healthcare on a larger scale.
Overall, the scheme represents a significant milestone towards achieving universal healthcare coverage and fostering a healthier workforce.
As the deadline for compliance approaches, employees and insurance companies are gearing up for the transformative changes that lie ahead and are poised to navigate the evolving landscape of healthcare provision in the Emirates.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
In cases where a company fails to meet its obligations, such as paying government taxes, complying with laws, or adhering to the provisions of its Articles of Association and Memorandum of Association, the issue of liability arises.
The question then arises: can those decision-makers responsible for running the business be held accountable under the law?
Corporate criminal liability is a looming concern in the modern business landscape, especially within the legal framework of the United Arab Emirates (UAE).
The scope of potential crimes for which companies can be held accountable is broad and encompasses a variety of offenses outlined in the Federal Penal Code.
Article 21 of Federal Decree-Law No. 32 of 2021, known as the Companies Law, came into effect on January 2, 2022, replacing Federal Law No. 2 of 2015. Concurrently, Article 66 of the Penal Code delineates the framework for corporate criminal liability in the UAE.
Article 66 of the Penal Code establishes that a company can be held accountable for any offense outlined in the Penal Code committed by one of its representatives acting in its favour or on its behalf.
However, the Dubai Court of Cassation has ruled that a company cannot be criminally liable for the actions of its employees if the employee in question acted negligently, without intent, or without representing the company.
Corporate Liability
The new Companies Law stipulates that a company obtains "legal personality" upon its incorporation, establishing a corporate veil between the company and its shareholders and managers, although exceptions exist where this veil can be pierced.
Regarding corporate criminal liability in the UAE, Article 66 of the Penal Code outlines that legal entities, excluding government agencies and official departments, can be held criminally accountable for crimes committed by their representatives, directors, or agents acting on their behalf.
However, the Dubai Court of Cassation clarified that a company may not face criminal responsibility for the actions of its employees if the employee was negligent, acted unintentionally, or was not acting on behalf of the company.
Managers of a company are typically obligated to exercise due care, and failure to do so may result in personal liability. For instance, managers can be held liable if their actions cause harm, breach obligations, or constitute gross misconduct or negligence, including fraudulent activities.
Previously, managers were held personally accountable for issuing bounced cheques due to insufficient funds, which was deemed a crime under Article 401 of Federal Law No. 3 of 1987.
However, the new Penal Code decriminaliSed this act, except for specific exceptions. Despite this, beneficiaries of bounced cheques retain the right to pursue civil claims, including seizing assets owned by the issuer.
Enforcement Authorities
Prosecuting cases related to Corporate Criminal Liability in the UAE involves three authorities:
Police Department: Responsible for safeguarding the public, collecting initial statements, arresting suspects, conducting investigations and executing orders from the Public Prosecution to aid in the investigative process.
Public Prosecution’s Office: Initiates criminal cases on behalf of society members, overseeing the entire process from investigation to indictment or case dismissal. The Public Prosecution holds exclusive jurisdiction to initiate and prosecute criminal proceedings until a final judgment is rendered.
Criminal Courts: Handle criminal cases initiated by federal or local prosecution in each emirate. These courts include courts of first instance, courts of appeal and a supreme court, such as the Court of Cassation in Abu Dhabi.
Damages and Compensation
Victims of crimes have the option to request that a compensation claim be attached to the criminal charges and considered by the Criminal Court, as stipulated in Article 23 of the Criminal Procedural Law. This compensation is determined upon the establishment of criminal liability.
In practice, once a conviction and sentence are issued, the Criminal Court transfers the civil claim to the Civil Court per Article 27 of the Criminal Procedural Law. The Civil Court then assesses the extent of damages, as the conviction implies liability.
While the UAE does not have a class action system, multiple victims can collectively present their compensation claims to the Criminal Court.
Additionally, victims of white-collar offenses can seek compensation for losses through the Civil Courts, where a claim for harm (similar to tort) must demonstrate the act, sustained damage and the causal relationship between the act and the damage.
Procedure for Prosecuting a Company
The procedure for prosecuting a company for a white-collar criminal offense in the UAE is regulated by the Criminal Procedural Law, similar to other criminal prosecutions in the country. Article 9 of the Criminal Procedural Law grants exclusive jurisdiction to the Public Prosecutor to initiate and oversee criminal proceedings. The process unfolds as follows:
Filing a Complaint: A complaint can be lodged either with the Public Prosecution directly or with a Judicial Police Officer as per Article 12 of the law. Alternatively, the Public Prosecutor may initiate criminal proceedings independently.
Police Investigation: If a complaint is filed with the police, they investigate the alleged offense. This includes interviewing the complainant, the accused, and other witnesses and compiling all evidence into a case file.
Referral to Public Prosecutor: The case file is then forwarded to the Public Prosecutor, who may conduct further investigation with the assistance of Judicial Police or investigating officers, especially for more serious offenses. The Public Prosecutor evaluates the evidence and decides whether to proceed with the case or dismiss the complaint.
Decision by Public Prosecutor: Based on the evidence gathered, the Public Prosecutor determines whether to issue an indictment against the accused and refer the matter to court or dismiss the complaint.
Collection of Evidence by Judicial Police: The Judicial Police are empowered to collect necessary information and evidence for the investigation and indictment of criminal offenses. This includes interviewing complainants, victims and accused individuals, taking statements and engaging expert assistance.
Specialist Departments: Specialised departments within the police and Public Prosecutor’s office handle specific types of crimes, such as financial crimes (e.g., bribery, money laundering, abuse of power, embezzlement and misuse of funds) and cybercrimes. These departments are equipped to deal with the complexities of such offenses effectively.
Case Law
In November 2022, the Dubai Financial Services Authority (DFSA) levied a fine of $1.12 million against the DIFC branch of Bank of Singapore Limited for multiple violations of DFSA regulations, notably related to deficient anti-money laundering measures.
Additionally, the DFSA imposed its most substantial fine to date on an individual, Arif Naqvi, the former CEO and founder of Abraaj Group.
Naqvi was fined approximately $135 million, a penalty upheld by the Financial Markets Tribunal. This significant fine followed the DFSA's determination that Naqvi was complicit in misleading and defrauding investors concerning the misuse of their funds.
As a consequence, Naqvi was also subjected to restrictions preventing him from performing any functions within or from the DIFC.
As eloquently stated by Martin Luther King Jr., "The moral arc of the universe is long, but it bends towards justice." Therefore, in cases where a company or its members commit civil or criminal offenses, they can indeed be held accountable under the law.
This principle is crucial in a jurisdiction like the UAE, which hosts several major entities and thus recognises the importance of holding companies and their members accountable for breaches of rules, regulations, or laws.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
Residents of the UAE, including Indian expatriates and individuals of various nationalities, received an unexpected WhatsApp message from an Indian number over the weekend.
The message, accompanied by a letter from Indian Prime Minister Narendra Modi in the form of a PDF attachment, sought feedback and suggestions on the Indian government's schemes and initiatives.
While some recipients appreciated the opportunity to provide input on national matters, others expressed concerns over potential data privacy breaches and questioned the relevance of the message to non-Indian residents in the UAE.
Dubai-based Pakistani journalist Asma Zain and Pakistani resident Fahad Siddiqui voiced their confusion and skepticism to the local media, questioning the necessity of their involvement in Indian government affairs. Similarly, a British resident of Dubai, who initially assumed the message was related to his professional engagements, found the communication puzzling."
Amidst the confusion, Emiratis also reported receiving the letter, raising questions about how their contact information was obtained and highlighting concerns over potential violations of data privacy regulations in the UAE.
Opposition parties criticised the Bharatiya Janata Party (BJP) government's outreach efforts, alleging political propaganda and misuse of resources for electoral gain. Congress lawmaker Shashi Tharoor shared screenshots of concerns raised by UAE-based individuals on social media and called for action from the Election Commission of India.
The incident comes at a time when digital data protection and privacy have become increasingly important issues globally, with the UAE implementing strict regulations to safeguard the personal information of its residents, raising significant concerns regarding data privacy laws and the protection of personal information.
With the UAE implementing strict regulations to safeguard individuals' digital data, the intrusion into residents' data by foreign entities without consent highlights potential violations of local privacy laws. Such unauthorised access to personal information not only undermines individuals' privacy rights but also underscores the importance of enforcing stringent measures to prevent unauthorised data collection and ensure compliance with data protection regulations in cross-border communications.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
India, with its dense population, sees numerous disputes, whether civil or commercial, which remain backlogged in the already burdened judiciary system.
Timely justice delivery is hindered, as evidenced by the District Judiciary alone shouldering approximately 44.79 million pending cases in January 2024, while the High Courts had a backlog of 6.2 million cases during the same period.
The Supreme Court of India, not immune to this dilemma, had 69,766 cases pending as of July 1, 2023. This dire situation emphasises the urgent need for alternative dispute resolution (ADR) methods that are quicker, less costly and more flexible than the traditional adversarial system.
The Mediation Act 2023 represents a significant evolution in India's approach to dispute resolution, further leveraging technology to enhance access to justice.
India's journey towards recognising mediation in its legal framework dates back to the Industrial Disputes Act of 1947, which introduced the concept of conciliators to resolve industrial disputes.
Subsequent legal reforms, such as the Legal Services Authorities Act of 1987 and the Arbitration and Conciliation Act of 1996, further strengthened the recognition of mediation. However, the Mediation Bill of 2021 laid the foundation for the comprehensive Mediation Act 2023.
The Bill aimed to introduce a thoughtfully curated institutional dispute-resolution mechanism backed by collaborative problem-solving and the preservation of relationships.
It mandated that all civil and commercial disputes undergo mediation before entering the court arena, underscoring the significance of exhausting alternative remedies before resorting to litigation. This made the standing committee question the consent and voluntary nature of mediation.
Bringing strategic amendments to the bill, at its core, the Mediation Act 2023 aims to induce a culture of amicable settlement while alleviating the burden on the overburdened judicial system.
It provides a more structured framework for mediation, both offline and online, allowing disputing parties to resolve their issues with the assistance of a neutral third party, the mediator.
Key provisions of the Act include mandating mediation as a prerequisite for civil and commercial disputes before resorting to litigation; setting clear guidelines for mediator qualifications, procedural norms and confidentiality aspects, including online mediation to leverage technology and bridge geographical barriers and establishing a regulatory body for mediator registration and oversight.
The Mediation Act 2023 thus stands in the continuum of revolutionising India's dispute resolution landscape. By promoting the use of mediation, the Act will expedite the resolution process and empower disputants to shape their outcomes collaboratively.
The Act’s additional feature of online mediation further addresses logistical barriers and improves access to justice, especially in remote regions.
Moreover, the Act's focus on quality assurance through mediator accreditation and oversight cements the integrity of the mediation process.
By validating mediation as a credible and effective mechanism, the Act instills confidence in stakeholders and encourages greater adoption of alternative dispute resolution methods.
Lastly, the Mediation Act 2023 heralds a new dawn of dispute resolution in India, characterised by efficiency, accessibility and fairness. By accepting mediation and leveraging technology, India is on the brink of overcoming the daunting challenges that have long obstructed its judicial system.
As The Mediation Act 2023 comes into effect and its provisions are implemented, it signifies a transformative reform towards invoking harmony and equality in society.
In the journey towards justice, the Mediation Act 2023 will play a crucial role in guiding India towards a future where disputes are resolved amicably, efficiently and impartially.
(Roopa Shetty is the Founder of Bangalore-headquartered law firm Lex Situs)
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
For Indian expatriates residing in the UAE, obtaining an Aadhaar card—a crucial identification document in India—can be accomplished with the correct documentation and process.
Aadhaar, a unique 12-digit identification number linked with biometric data, serves as comprehensive proof of identity, age, and address within India.
While non-resident Indians (NRIs) are not obligated to possess an Aadhaar card, having one can simplify various transactions upon their return to India or during extended stays, including banking, property rentals and government procedures.
The Unique Identification Authority of India (UIDAI) offers NRIs the opportunity for 'Aadhaar on Arrival,' requiring physical presence in India for biometric authentication during the enrollment process.
Different Aadhaar card forms cater to various age groups:
The application process involves the following key steps:
Booking an appointment: Schedule online via the UIDAI website or visit an Aadhaar centre in person.
Document submission: Submit necessary documents in person at the UIDAI enrollment centre.
Biometric data collection: Record biometric details, including finger scans, iris scans and a photograph, at the enrollment centre.
Card delivery: Await delivery of the Aadhaar card to the registered Indian address within 90 days.
Mandatory documents required for NRI Aadhaar card application include a valid Indian passport serving as proof of identity and address.
In the absence of Indian address proof, alternative UIDAI-approved Proof of Address (PoA) documents such as PAN or utility bills can be submitted. Additionally, documentation demonstrating residency status in another country, such as a stamped visa photocopy, may be requested.
For NRI children, a valid Indian passport serves as the sole accepted Proof of Identity (PoI) and Proof of Address (PoA).
(The writer is a legal associate at Dubai-based NYK Law Firm)
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
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.
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
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.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
Are you a tenant in the UAE feeling overwhelmed or uncertain about your rights? Don't fret! Understanding your rights as a tenant is key to ensuring a harmonious and stress-free living experience.
Whether you're renting an apartment, villa, or commercial space, familiarising yourself with your rights can empower you to navigate any challenges with confidence and ease.
Here's a breakdown of your rights as a tenant in the UAE:
Security of Tenure: As a tenant, you have the right to occupy the property for the duration specified in your lease agreement. Your landlord cannot arbitrarily evict you without a valid reason or proper legal procedures.
Fair Rental Contract: Your lease agreement should clearly outline the terms and conditions of your tenancy, including rent amount, payment schedule, maintenance responsibilities, and any additional fees. Ensure that the contract is fair and compliant with UAE laws.
Privacy and Peaceful Enjoyment: You have the right to privacy and peaceful enjoyment of the rented property. Your landlord must respect your privacy and cannot enter the premises without prior notice except in cases of emergency or legal requirements.
Maintenance and Repairs: It is the landlord's responsibility to maintain the property in a habitable condition, ensuring that essential services (such as water, electricity, and sanitation) are functioning properly. The landlord should promptly address any necessary repairs at no cost to the tenant.
Security Deposit: Upon signing the lease agreement, you may be required to pay a security deposit to the landlord. This deposit should be refunded to you in full at the end of the tenancy, minus any legitimate deductions for damages beyond normal wear and tear.
Rent Increases: Your landlord cannot increase the rent arbitrarily. Any proposed rent increase must adhere to the guidelines set by the Real Estate Regulatory Agency (RERA) and should be communicated to you in writing with sufficient notice.
Dispute Resolution: In the event of a dispute between you and your landlord, both parties have the right to seek resolution through amicable negotiation, mediation, or legal channels such as the Rental Dispute Settlement Center (RDSC) or Dubai Courts.
In addition to the above, there are specific laws and regulations that can empower tenants to assert their rights:
Rent Disputes Settlement Centre (RDSC): Established in Dubai, the RDSC is a specialised judicial body that resolves rental disputes between landlords and tenants. It offers mediation and arbitration services to help parties reach amicable settlements or issue binding judgments when necessary.
Rent Increase Caps: In Dubai, the Rental Increase Calculator issued by the Dubai Land Department sets limits on how much landlords can increase rents based on various factors such as the current market rent, property type, and location. This helps protect tenants from arbitrary rent hikes.
Ejari System: The Ejari system, managed by the Real Estate Regulatory Agency (RERA), requires all rental contracts in Dubai to be registered online. This ensures transparency and legal protection for both landlords and tenants, as well as facilitates dispute resolution processes.
Tenancy Contracts: According to UAE law, all tenancy contracts must be in writing and registered with the relevant authorities. The contract should include essential terms such as the parties involved, rent amount, payment schedule, duration of tenancy, and terms of renewal or termination.
Security Deposit Limits: While there is no specific federal law governing security deposits in the UAE, local regulations may set limits on the amount landlords can charge as a security deposit. For example, the security deposit in Dubai is typically limited to 5% of the annual rent.
Notice Periods for Eviction: UAE law stipulates specific notice periods landlords must provide tenants before initiating eviction proceedings. The notice period varies depending on the reason for eviction and the emirate in which the property is located.
Knowledge is power! By familiarising yourself with your rights as a tenant in the UAE, you can confidently assert your rights and protect your interests throughout your tenancy.
If you ever encounter any issues or uncertainties, don't hesitate to seek guidance from legal professionals or relevant authorities. Your comfort and peace of mind in your rented space matter, and knowing your rights is the first step towards achieving a harmonious living environment.
(The writer is a legal associate at Dubai-based NYK Law Firm)
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
Dubai's Crown Prince unveiled a new logo for the Government of Dubai on Sunday, during the inaugural session of the executive council following its recent reconstitution.
He directed the immediate adoption of the new logo across all government entities in Dubai, while allowing them to maintain their distinct individual logos as well. Government entities will have a six-month transition period to implement the new logo.
Furthermore, the Crown Prince allocated Dh40 billion for the ‘Dubai Portfolio for Public-Private Partnership’ for 2024-2026. This initiative, overseen by the Department of Finance through Dubai Digital Platforms, aligns with the objectives of the Dubai Economic Agenda, D33, aiming to increase government spending to Dh700 billion, elevate private sector investment in development projects to Dh1 trillion and raise foreign direct investment to Dh650 billion by 2033.
Among other initiatives, Sheikh Hamdan also endorsed Dubai’s ‘Affordable Housing Policy’ and the ‘Dubai Sandbox’ project.
The ‘Affordable Housing Policy’ is in line with Dubai's 2040 Urban Master Plan, seeking to create vibrant communities by addressing housing needs and offering diverse job opportunities.
It aims to provide housing options for individuals across different income levels and improve accommodations for workers nearer to their workplaces. Entities such as Dubai Municipality, the Roads and Transport Authority, Dubai Land Department, and Dubai Electricity and Water Authority are involved in its implementation.
The ‘Dubai Sandbox’ project aims to accelerate the growth of start-ups, especially in technology and emerging sectors, fostering an entrepreneurial culture and facilitating access to funding. It also seeks international integration with the global innovation ecosystem.
As part of the first package of 100 transformative projects of D33, aligned with the goal of doubling the emirate's economy over the next decade, the project focuses on areas such as artificial intelligence, real estate technology, health-tech, and green technologies to combat climate change.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
In the UAE, where economic activity thrives, labour-related disputes can sometimes arise. However, navigating these disputes and seeking justice is facilitated by a well-defined process overseen by competent authorities.
Understanding the procedures and provisions in labour cases is crucial for anyone seeking to file a labour complaint in the UAE.
Rights Upheld by UAE Laws
In accordance with government authorities, the laws of the UAE uphold the rights of both employers and employees, particularly in cases of labour disputes between the two parties.
Both employers and employees are entitled to file a complaint with the Ministry of Human Resources and Emiratisation (MoHRE) should a dispute arise. Upon filing a complaint, it undergoes examination and aims to be resolved amicably.
However, if a resolution cannot be reached through amicable means, the matter is then referred to the judiciary.
Competent Authorities
Ministry of Human Resources and Emiratisation (MoHRE): The primary authority responsible for overseeing labour affairs in the UAE. It offers mediation and conciliation services to resolve disputes amicably.
Labour Courts: Provide a judicial forum for adjudicating disputes when mediation efforts fail. They ensure that labour laws are upheld and justice is served.
Procedures for Filing a Labour Case
Grievance Procedure: Attempt to resolve the dispute informally with the employer before initiating legal action.
Lodging a Complaint: File a formal complaint with MoHRE, detailing the nature of the dispute, relevant evidence, and desired outcome.
Mediation and Conciliation: MoHRE facilitates sessions to reach a mutually acceptable resolution.
Referral to Labour Courts: If mediation fails, the case may be referred to labor courts for adjudication. Parties may engage legal representation and present their case before a judge.
Understanding the Time Limit
According to the UAE Labour Law – Federal Decree Law No. 33 of 2021, claims for any rights due will not be heard after one year from the date of violation. Hence, it is essential to file complaints as early as possible.
Work Permits and Employment during Legal Proceedings
Article 17 (4) of Cabinet Resolution No. 1 of 2022 authorizes the Ministry of Human Resources and Emiratisation (MoHRE) to revoke an employee's work permit, enabling them to seek employment in another company.
Additionally, under Article 4 and 5 of Ministerial Resolution No. 47 of 2022, MoHRE has the discretion to cancel an employee's work permit or visa based on specific conditions.
Following such cancellations, the employee must reapply for a visa and permit to ensure compliance with UAE regulations, avoiding potential fines and ensuring legal residency in the UAE.
Fees and Complaint Types
Article 55 of the UAE Labour Law exempts workers or their heirs from paying judicial fees for claims less than Dh100,000.
Different types of salary complaints include delayed salaries, non-receipt of overtime compensation, and illegal salary deductions.
How to File a Labour Complaint in the UAE
Through the MoHRE Call Centre: Contact MoHRE's call centre on 04 665 9999 and provide details of the complaint to a representative.
Through the MoHRE WhatsApp Service: Utilise MOHRE's verified WhatsApp account by saving the number 600590000 on your phone and initiating a chat with a ministry representative.
Through the MoHRE App: Follow these steps to file a labour complaint through the MoHRE app:
Additional Provisions and Requirements
Ministerial Resolution No. 47 of 2022 outlines specific requirements for workers whose labour complaints are referred to the Labour Court.
Workers must register their labour complaint with the competent court within a maximum period of 14 days from the date of approval for referral to the judiciary.
Employees must refrain from seeking employment with another employer without obtaining a temporary work permit from the ministry.
Upon issuance of the final judgment in the labour lawsuit, in the event of termination of the work relationship between the two parties, employees must submit a request to cancel the original work permit within 14 days from the date of issuance.
Employees must apply for a temporary work permit with a new employer during the labour case process, except when reported absent by their employer.
In cases where a labour complaint results in the cessation of work for the worker, their work permit will be cancelled six months from the date of referral of the complaint to the labour court.
Conclusion
Thorough understanding of the competent authorities, procedures, and provisions governing labour disputes in the UAE empowers individuals to navigate the process of filing labour cases with confidence.
By arming themselves with knowledge, they can effectively assert their rights, seek resolution for grievances, and ensure that justice prevails in the dynamic landscape of the UAE's labour market.
This comprehensive approach not only safeguards the interests of both employers and employees but also contributes to fostering a fair and equitable working environment for all stakeholders involved.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
Investing in property in Dubai offers promising prospects for long-term gains. The city boasts a favourable property price-to-rent ratio, suggesting potential capital appreciation in the future. Dubai's real estate market remains robust, attracting investors seeking diversification and high returns.
Recent data indicates that investments in Dubai's real estate reached $100 billion in 2023, with a projected five per cent growth in 2024, aligning with the UAE's 4.5 per cent economic growth.
With Dubai's residential real estate market predicted to experience a 15 per cent growth rate in 2024, it's an opportune moment for investors to acquire properties at reasonable prices and benefit from high annual yields, with profit margins ranging from five per cent to nine per cent.
When contemplating property acquisition in Dubai, it's essential to grasp both the legal landscape and the various advantages associated with investing in this dynamic city. Understanding the legal aspects ensures compliance with regulations, while recognising the benefits empowers buyers to make informed decisions.
Let's explore the legal framework and benefits of property purchase in Dubai.
Legal Procedures
Purchasing property in Dubai involves navigating legal procedures and administrative requirements. By understanding the legal framework, steps involved and key considerations, buyers can make informed decisions.
Legal Framework: Law No. 7 of 2006 serves as the primary legislation governing property ownership in Dubai. This law allows UAE and GCC residents to purchase property anywhere in Dubai. Foreign nationals, however, can buy property in designated areas classified as freehold or leasehold.
Freehold and Leasehold Ownership: Freehold ownership grants full ownership rights to the property without any restrictions, whereas leasehold ownership allows individuals to own the property for a set period, typically up to 99 years.
Steps to Buying Property in Dubai
Prepare the Buyer-Seller Contract: Negotiate terms with the seller and draft a precise contract outlining pricing, payment methods, and terms to avoid misunderstandings.
Sign the Real Estate Sale Agreement: Download the sale contract (Form F) from the Dubai Land Department (DLD) website, customise it as needed, and sign it in the presence of a witness.
Apply for No Objection Certificate (NOC): Obtain an NOC from the developer to finalise ownership transfer, ensuring there are no outstanding charges on the property.
Transfer Ownership at Registrar’s Office: Submit required documents, pay fees and receive approval for ownership transfer, resulting in the issuance of a new title deed in the buyer’s name.
Administrative Costs: Administrative fees for property purchase in Dubai include Dh580 for issuing the title deed and four per cent of the property value as fees payable to the Dubai Land Department (DLD).
Buying Property Without an Agent: Direct purchases from developers or individual sellers are possible in Dubai, bypassing the need for a real estate agent.
Role of Trustee Offices: Trustee offices in Dubai act as intermediaries authorised by the DLD to oversee property registration, manage mortgages and facilitate transactions, ensuring compliance with regulations and maintaining market integrity.
Understanding Title Deeds: A title deed issued by the DLD certifies property ownership and outlines legal rights, including the right to use, mortgage, sell or lease the property. It contains essential details such as owner name, property location, size and type.
TLR Tips for Property Purchase
Benefits of Investing in Dubai Realty Market
Dubai has emerged as a hotspot for property investment, attracting individuals and businesses from around the world. From its strategic location to its tax-free environment, Dubai offers a multitude of advantages for property buyers, making it an attractive proposition.
High Returns on Investment: Dubai's real estate market has witnessed remarkable growth, with property values appreciating steadily. This presents an opportunity for property owners to enjoy substantial capital gains over time, making it an attractive destination for investors seeking high returns on their investments.
Tax-Free Environment: One of the most appealing aspects of buying property in Dubai is the lack of property and income taxes. This tax-free environment allows investors to maximize their returns without the burden of additional tax obligations, making Dubai an enticing option for property buyers.
Strategic Location: Situated between Europe, Asia, and Africa, Dubai serves as a strategic hub for international business and commerce. Its advantageous location enhances the potential for rental income and capital appreciation, making it an appealing option for property investors seeking global connectivity.
Stable Economy: Dubai boasts a stable and diversified economy, supported by key sectors such as tourism, finance, real estate, and logistics. The city's commitment to economic diversification and infrastructure development ensures a conducive environment for property owners, minimizing risks and enhancing long-term stability.
World-Class Infrastructure: Dubai's infrastructure is renowned for its modernity and sophistication. The city offers state-of-the-art amenities, including world-class transportation systems, healthcare facilities, educational institutions and entertainment options. This quality infrastructure enhances the desirability of properties, attracting both residents and investors.
Safety and Security: Dubai is known for its high levels of safety and security. The government has implemented stringent measures to maintain law and order, ensuring a peaceful living environment for residents and investors alike. This factor instils confidence in property buyers, making Dubai a preferred destination for real estate investment.
Cultural Diversity: Dubai actively embraces cultural diversity, welcoming people from all around the world to reside and work in its cosmopolitan environment. The city's diverse population fosters a vibrant social scene, offering a rich tapestry of cuisines, festivals, and cultural experiences for residents to enjoy.
Lifestyle and Entertainment: Dubai epitomises luxury and opulence, providing residents with access to unparalleled lifestyle amenities and entertainment options. From lavish hotels to high-end shopping centres and exquisite dining establishments, Dubai offers a high-quality lifestyle that appeals to discerning individuals.
Residency Opportunities: Purchasing property in Dubai provides a residency opportunity, enabling individuals to enjoy the city's benefits, including access to healthcare, education and other essential services. Depending on the property's value, investors may be eligible for a renewable residency visa, making Dubai an attractive option for those seeking long-term settlement or investment.
Future Growth Potential: Dubai continues to invest in ambitious projects and initiatives, positioning itself as a global destination for business, tourism, and innovation. The city's forward-thinking approach and commitment to growth indicate the potential for future appreciation in property values, making it an attractive long-term investment option for savvy investors.
Dubai presents a compelling proposition for investors looking to capitalide on the city's growth and prosperity. Whether you're seeking a lucrative investment opportunity or a luxurious lifestyle, Dubai's real estate market has something to offer for everyone.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
In the multi-cultural landscape of the United Arab Emirates (UAE), where tradition intersects with modernity, one practice that continues to spark debate is the tradition of dowry, known locally as "mahr."
As discussions on cultural practices and legal compliance gain momentum, the general public grapples with the question of whether the dowry system aligns with the UAE's evolving legal frameworks.
Cultural Tradition vs Legal Compliance
The dowry system, deeply rooted in tradition, is a customary practice where the groom provides a financial or material gift to the bride as a symbol of commitment and support.
While traditionally prevalent in many societies, including parts of the UAE, its legality and compliance with contemporary laws are under scrutiny.
Under Islamic law, the payment of mahr is a fundamental aspect of marriage contracts, with specific guidelines outlined in Sharia. However, interpretations vary, and the implementation of dowry practices can differ across cultural and familial traditions.
Law on Determining Dowry and Wedding Expenses in the UAE
Legal Frameworks and Debates
In recent years, the UAE has witnessed significant legal reforms aimed at promoting gender equality and protecting women's rights.
The UAE Personal Status Law, for instance, outlines provisions related to marriage contracts, including stipulations regarding mahr.
Critics argue that the dowry system, if not regulated effectively, can perpetuate financial burdens on grooms and reinforce gender inequalities.
They advocate for stricter legal oversight to prevent exploitation and ensure that dowry payments are reasonable and consensual.
Conversely, proponents of the dowry system view it as a cultural tradition that strengthens familial bonds and reflects the groom's commitment to providing for his bride.
They emphasise the importance of preserving cultural heritage while respecting individual freedoms and choices.
Legal Experts' Perspectives
Legal experts weigh in on the debate, highlighting the importance of aligning cultural practices with legal frameworks to uphold fundamental rights and prevent exploitation.
They emphasise the need for clarity in defining dowry obligations within marriage contracts, ensuring transparency and consent from all parties involved.
Furthermore, legal scholars stress the significance of ongoing dialogue and collaboration between religious authorities, legal institutions and community leaders to address the complexities surrounding the dowry system effectively.
Moving Forward
As discussions on the legality of the dowry system in the UAE continue, stakeholders advocate for a balanced approach that respects cultural traditions while safeguarding individual rights and promoting gender equality.
The evolving legal landscape presents opportunities for constructive dialogue and policy reforms aimed at addressing societal norms in alignment with contemporary values and principles.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
If you are suffering from domestic violence, it's crucial to understand that assistance is available. You can approach law enforcement agencies, medical facilities, social welfare services, or support groups dedicated to aiding victims of abuse, and support is within your reach.
Domestic violence is a major issue affecting individuals worldwide, including those residing in the United Arab Emirates. The UAE government has taken decisive action to address this issue, notably with the implementation of the Family Protection Policy in 2019.
The policy aims to protect women, children, the elderly and individuals with special needs from all forms of violence and abuse. Furthermore, the UAE has enacted legislation specifically tailored to safeguard victims of domestic violence and ensure they have access to essential legal rights and support networks.
Under Federal Decree Law no.10/2019 on the Protection of Domestic Violence, domestic violence includes various forms of abuse, including physical, psychological, sexual and economic mistreatment.
The law outlines specific legal rights provided to victims of domestic abuse in the UAE:
Filing a Complaint: Victims have the right to report incidents of abuse to law enforcement authorities, leading to a thorough investigation and necessary interventions to ensure their safety.
Protective Orders: Victims can seek protection orders from the court, which prohibit the abuser from contacting or approaching them. These orders are issued based on the victim's application and are designed to provide effective protection measures.
Medical Care and Counselling: Victims have access to medical care and counselling services offered by various healthcare facilities and organisations, ensuring comprehensive support for their physical and emotional well-being.
Legal Representation: Victims have the right to legal representation if they opt to pursue legal action against their abuser, ensuring fair treatment throughout the legal process.
Compensation: Victims are entitled to compensation for damages incurred as a result of the abuse, including medical expenses and lost income.
Despite social customs and habits that may contribute to underreporting of domestic violence cases, there has been a notable increase in women taking action against their abusers in recent years.
This proactive approach has led to a 20 per cent decrease in reported cases in 2022, highlighting the positive impact of increased awareness and support mechanisms.
It’s not just about getting immediate help but also about knowing your legal rights and options.
Therefore, if you find yourself facing domestic violence in the UAE, it's necessary to reach out to an experienced lawyer or law firm for guidance. A lawyer can walk you through your legal rights and options, ensuring you understand the steps you can take to protect yourself.
(The writer is a Legal Associate at Dubai-based NYK Law Firm)
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE and Ruler of Dubai, has issued Decree No. (13) of 2024 concerning the establishment of a Unified Digital Platform for company registration in Dubai.
The decree is part of Dubai's ongoing efforts to bolster its business environment and foster economic development.
The platform aims to consolidate various licensing procedures in Dubai, including those overseen by the Department of Economy and Tourism, as well as authorities managing special development zones and free zones such as the Dubai International Financial Centre (DIFC), among others.
The integration is geared towards substantially enhancing the experience of investors in Dubai by providing a streamlined avenue for accessing information, obtaining licenses, and accessing other services pertinent to economic activities.
Applicable to all economic endeavours in Dubai, the decree also aims to standardize the issuance of licenses, permits, and approvals in the emirate to promote clarity and simplicity. Furthermore, it seeks to assist investors in overcoming challenges encountered during the establishment or operation of businesses in Dubai.
The decree underscores the importance of electronic integration between licensing departments and other relevant entities to eliminate procedural redundancies and support Dubai's digital transformation objectives in alignment with the goals outlined in the Dubai Economic Agenda D33, aimed at positioning the city as a hub for the digital economy.
In a complementary move, His Highness Sheikh Hamdan bin Mohammed bin Rashid Al Maktoum, the Crown Prince of Dubai and Chairman of The Executive Council of Dubai, has issued Resolution No. (5) of 2024 of the Council, endorsing the fundamental principles aimed at facilitating investors' journeys in Dubai.
These principles are applicable across all processes related to licensing, permits, and approvals for business activities in Dubai, effective concurrently with the implementation of the new decree.
According to the resolution, all licensing entities and federal and local regulatory bodies overseeing business activities in Dubai are tasked with ensuring a seamless journey for investors and implementing the necessary procedures to facilitate this objective.
Furthermore, the resolution outlines various measures to enhance the investor experience, including registration on the 'Invest in Dubai' digital platform, unified digital data registration, expedited licensing and renewal processes, simplified fee payment procedures, streamlined licensing requirements, and the standardisation of procedures, regulations and conditions.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
Creating a will is a fundamental aspect of estate planning, regardless of one's nationality or location. A will allows individuals to specify how they want their assets, properties and belongings to be distributed upon their death.
Registering a will adds an extra layer of security, ensuring that the document is legally recognised and accessible to relevant authorities and beneficiaries. Taking the time to register your will offers invaluable peace of mind and reassurance for both you and your beneficiaries.
For expatriates, ensuring that their assets and belongings are distributed according to their wishes in the event of their passing is a crucial consideration. However, registering a will as an expatriate requires navigating legal processes that may vary depending on the country of residence.
This article aims to provide expatriates with a comprehensive guide on how to register their wills to ensure their wishes are legally recognised and upheld.
Steps to Register Your Will as an Expat
Consult Legal Experts: Before drafting your will, seek advice from legal professionals who specialise in estate planning and inheritance laws in your country of residence. They can provide guidance on the legal requirements and formalities involved in creating and registering a will as an expatriate.
Draft Your Will: Work with your legal advisor to draft a comprehensive and legally sound will that accurately reflects your wishes regarding the distribution of your assets and the appointment of guardians for minor children, if applicable. Ensure that your will complies with the laws and regulations of your country of residence.
Choose a Registration Method: Research the available options for registering your will in your country of residence. Some countries may have specific government agencies or registries responsible for will registration, while others may recognise wills registered with private institutions or notaries.
Complete the Registration Process: Follow the prescribed procedures for registering your will, which may include submitting the document to the relevant authority, completing registration forms and paying any associated fees. Be sure to retain copies of all registration documents for your records.
Review and Update Regularly: Review your will periodically to ensure that it accurately reflects your current circumstances, wishes and intentions. Life changes such as marriage, divorce, the birth of children, or acquiring new assets may necessitate updates to your will.
Benefits of Registering Your Will
Legal Validity: Registering your will adds credibility and authenticity to the document, making it legally enforceable and recognised by courts and authorities.
Prevent Disputes: A registered will provides clarity and certainty regarding your intentions, reducing the likelihood of disputes or challenges among beneficiaries.
Expedited Probate Process: Registering your will can streamline the probate process by providing clear instructions for the distribution of your estate, thus facilitating a faster resolution of your affairs.
Peace of Mind: By registering your will, you can have peace of mind knowing that your wishes will be carried out and your loved ones will be provided for according to your instructions.
Registering your will as an expatriate is a proactive step towards ensuring that your assets and belongings are distributed according to your wishes after your passing.
By consulting legal experts, carefully drafting your will, choosing a suitable registration method and staying informed about the legal requirements, expatriates can safeguard their legacies and provide for their loved ones even from afar.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
With the Holy Month of Ramadan underway, residents and visitors in the UAE are reminded of the importance of observing the rules and traditions associated with this significant time in the Islamic calendar.
Ramadan is a time of fasting, prayer, reflection, and charitable acts for Muslims worldwide. However, for those unfamiliar with the customs or unaware of the local laws, it's crucial to understand the implications of breaking Ramadan rules in the UAE.
Eating in Public: One of the most noticeable rules during Ramadan is the prohibition of eating or drinking in public during fasting hours. This rule applies to both Muslims and non-Muslims out of respect for those observing the fast.
While restaurants and cafes are usually open during the day, they typically have designated areas where patrons can dine discreetly without offending those fasting.
Breaking this rule by openly eating or drinking in public can result in penalties, including fines or even imprisonment, depending on the severity of the offense and the discretion of law enforcement authorities. Residents and tourists alike need to be mindful of their actions and respect the cultural norms during this time.
Children are permitted to eat and drink in public during Ramadan.
If you unintentionally eat or drink in public, it's advisable to apologise and strive to avoid repeating the mistake.
Begging:Another practice that is strictly prohibited during Ramadan in the UAE is begging. While begging is generally illegal throughout the year, it is particularly frowned upon during Ramadan when the community is encouraged to focus on charitable giving through official channels and organisations.
Individuals found begging during Ramadan may face legal consequences, including fines and deportation, as it is considered a violation of the country's laws and cultural norms. The UAE authorities take a zero-tolerance approach to begging, especially during this sacred time, to maintain the safety and well-being of the community.
Fundraising:While charitable giving is highly encouraged during Ramadan, fundraising activities must be conducted through approved channels and registered charities.
Any unauthorised fundraising or solicitation of donations, especially in public spaces or through unverified means, is strictly prohibited and can result in legal consequences.
Residents and organizations wishing to conduct fundraising activities during Ramadan are advised to seek proper authorisation from the relevant authorities and ensure compliance with local regulations to avoid penalties.
Ramadan is a time of spiritual reflection, self-discipline and compassion. It's essential for both residents and visitors in the UAE to respect and understand the significance of this Holy Month for Muslims.
By observing the rules and traditions associated with Ramadan, individuals can contribute to fostering a sense of unity and respect within the diverse community of the UAE.
(The writer is a legal associate at Dubai-based NYK Law Firm)
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
The Prime Minister Narendra Modi-led Indian government on Monday implemented the Citizenship Amendment Act (CAA), five years after it was passed in Parliament. The notification comes ahead of the announcement of dates for the Lok Sabha elections by the Election Commission of India.
The applications will be submitted in online mode for which a web portal has been provided.
Union Home Minister Amit Shah lauded the notification of Citizenship (Amendment) Rules, 2024 and said its implementation would enable minorities persecuted on religious grounds in Pakistan, Bangladesh and Afghanistan to acquire citizenship in India.
"With this notification PM Shri @narendramodi Ji has delivered on another commitment and realised the promise of the makers of our constitution to the Hindus, Sikhs, Buddhists, Jains, Parsis and Christians living in those countries," the Home Minister said in a tweet.
Last month, Amit Shah said that the CAA will be implemented before the Lok Sabha elections this year after issuing the rules in this regard.
The CAA, enacted by Parliament on December 11, 2019, has been a subject of intense debate and widespread protests across India.
The CAA amends the Citizenship Act of 1955 to provide a fast-track pathway to Indian citizenship for migrants from Afghanistan, Bangladesh, and Pakistan who belong to Hindu, Sikh, Jain, Parsi, Buddhist and Christian communities and who entered India on or before December 31, 2014, due to facing religious persecution in their home countries.
There were sit-ins at Delhi's Shaheen Bagh and protest gatherings in Guwahati, Assam. All the protests fizzled out during the Covid-induced restrictions and lockdowns.
After the government's notification, the Delhi Police has amped up security in and around the Shaheen Bagh area, which was the epicentre of the anti-CAA protests last time. Besides, the Gautam Buddh Nagar Police also conducted a flag march in Noida, following Centre's announcement.
"As per the directions given by the CM, we are conducting foot patrolling at populated and sensitive areas. Through this, we are trying to assure people that we are with them," Joint Commissioner Shivhari Meena told news agency PTI.
Meanwhile, the Congress questioned the timing of the government's notification, saying it had been done to "polarise the elections".
"It has taken four years and three months for the Modi Government to notify the rules for the Citizenship Amendment Act that was passed by the Parliament in December 2019. The Prime Minister claims that his government works in a business-like and time-bound manner. The time taken to notify the rules for the CAA is yet another demonstration of the Prime Minister’s blatant lies," Congress's Communications In-charge Jairam Ramesh said in a post on X.
"After seeking nine extensions for the notification of the rules, the timing right before the elections is evidently designed to polarise the elections, especially in West Bengal and Assam. It also appears to be an attempt to manage the headlines after the Supreme Court’s severe strictures on the Electoral Bonds Scandal," he added.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
Renting a property in the UAE can be a complex process, particularly when it comes to rent increases. Given the dynamic real estate market and the influx of expatriates, it is crucial for both landlords and tenants to have a clear understanding of the legal framework surrounding rent hikes.
This article aims to explore the intricacies of rent increase regulations in the UAE, shedding light on the legal implications and tenant rights associated with such changes.
In the UAE, the relationship between landlords and tenants is governed by Federal Law No. 26 of 2007, commonly known as the UAE Tenancy Law, along with its subsequent amendments. Additionally, each emirate may have its own regulations pertaining to rental matters.
However, the UAE Tenancy Law applies to all emirates unless otherwise specified. Under the UAE Tenancy Law, landlords are allowed to increase the rent of residential properties under certain circumstances.
These circumstances typically include the completion of the lease period, which is usually set at one year, or if the current rent is significantly lower than the average market rate for similar properties in the vicinity. However, any rent increase must comply with the guidelines outlined in the law.
Legal Implications
Notice Period: Landlords are obligated to provide tenants with sufficient notice before implementing a rent increase. Generally, this notice period ranges from 90 to 180 days, depending on the emirate and the terms specified in the tenancy contract. Failure to provide adequate notice can render the rent increase invalid.
Limitations on Increase: The UAE Tenancy Law imposes restrictions on the extent to which landlords can increase the rent. While there is no specific cap mentioned in the law, rent hikes must be justifiable and reasonable. Any arbitrary or excessive increase beyond the prevailing market rates may be considered unlawful.
Dispute Resolution: In the event of a disagreement between landlords and tenants regarding a rent increase, both parties have the option to seek resolution through appropriate channels. This may involve filing a complaint with the relevant rent dispute committee or utilising mediation services provided by governmental authorities.
Tenant Rights
Right to Challenge: Tenants have the right to challenge any proposed rent increase that they believe is unjust or unreasonable. They can provide evidence, such as market comparisons or rental valuation reports, to support their case.
Protection from Retaliation:Landlords are prohibited from retaliating against tenants who exercise their rights or express concerns about rent increases. Any form of harassment, eviction threats, or arbitrary lease terminations in response to such actions is illegal and can lead to legal consequences for the landlord.
Renewal Options: When the tenancy contract expires, tenants have the choice to renew the lease under mutually agreed terms. Landlords cannot force tenants to accept a rent increase as a condition for renewal if it violates the provisions of the UAE Rent Law.
Rent increases in the UAE are governed by strict legal regulations designed to safeguard the rights of both landlords and tenants. It is crucial for individuals to understand the legal framework surrounding rent hikes, including notice periods, limitations, and dispute resolution mechanisms, in order to ensure a fair and transparent rental market.
Tenants should be aware of their rights and the options available to them in the event of unjustified rent increases, while landlords must adhere to the prescribed procedures to avoid legal consequences.
By upholding principles of fairness and compliance with the law, the rental landscape in the UAE can foster harmonious relationships between landlords and tenants.
(The writer is a legal associate at Dubai-based NYK Law Firm)
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
Have you ever pondered about the consequences of spreading rumours in the UAE? While some may view rumours as harmless gossip, spreading them is considered a serious legal offense in the UAE, carrying severe repercussions.
News plays a crucial role in our lives, shaping our perceptions and guiding our choices. Dissemination of false information can have far-reaching consequences. The UAE has enacted stringent measures to combat misinformation and rumours, and protect societal interests.
Spreading rumors, particularly on social media, is strictly prohibited under UAE's cybercrime laws. Those who violate the law can face severe penalties, including imprisonment and hefty fines. Article 29 of Federal Law number 5 of 2012 outlines punishments for spreading rumours with malicious intent, while Article 9 addresses the misuse of IP addresses.
Rumours pose a serious threat to society by hindering development and challenging stability, which is precisely why the UAE's laws aim to maintain order and protect its citizens from misinformation.
The rapid spread of news through social media often overlooks its credibility, leading to the dissemination of false information and fabricated stories. The UAE acknowledges this challenge and has taken proactive steps to address it. The implementation of Federal Decree-Law No. 34/2021 and Federal Decree-Law No. 31/2021 signifies the government's commitment to combat rumours and cybercrimes.
Article 43 of the Cyber Law penalises individuals who use information networks or technology to spread false events or insults, with punishments ranging from detention to fines of up to Dh500,000.
Similarly, Article 52 of Federal Decree-Law No. 34/2021 targets the spread of false information that disrupts public peace or threatens public interest. Offenders face detention and fines starting from Dh100,000, with more severe penalties for cases involving epidemics, crises, or emergencies.
These laws aim to safeguard public opinion, maintain peace and protect national interests in the digital age. Spreading rumours can harm someone's reputation, cause emotional distress and even damage relationships.
The UAE takes pride in its strong sense of community and respect for individuals, and spreading rumours goes against the values of honesty and integrity that the UAE upholds.
(The writer is a legal associate at Dubai-based NYK Law Firm)
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
The global community commemorates International Women's Day on March 8, a day dedicated to acknowledging the social, economic, cultural, and political achievements of women.
This year's celebration adopts the theme 'Invest in Women: Accelerate Progress.' The campaign theme, titled 'Inspire Inclusion,' underscores the critical need to address economic challenges faced by women.
Let's delve into how women in the UAE have progressed, supported by government investments in their rights and skills.
The protection of women's rights in the UAE is bolstered by a comprehensive legal framework that upholds gender equality and ensures the well-being of women across various facets of life, including reproductive rights and adoption.
According to the UAE Constitution, women hold equal legal status as men, entitling them to access education, professional opportunities and property inheritance rights.
Reproductive Rights
Regarding reproductive rights, the UAE recognises the significance of women's autonomy and consent, particularly concerning matters such as abortion. Although specific legislation addressing abortion may not be explicitly outlined, the broader legal framework supporting women's rights and autonomy likely extends to decisions concerning reproductive health, including abortion, with a focus on women's consent and welfare.
Moreover, adoption is open to single women in the UAE, reflecting a commitment to supporting women in diverse family structures. This inclusive stance acknowledges the capability of single women to provide nurturing environments for children.
Maternity Leave
Maternity leave constitutes another vital aspect of women's rights in the UAE. The nation acknowledges the necessity of granting adequate time off for women during and after pregnancy to safeguard their health and that of their newborns. Typically, maternity leave in the UAE spans 45 days with full pay.
Some employers may offer extended maternity leave periods as part of their benefits package, thereby providing additional support to women during this critical period. Additionally, women are entitled to additional unpaid leave beyond the initial 45 days if necessary for medical reasons related to childbirth or pregnancy complications.
Education, Business
The UAE demonstrates a noteworthy commitment to gender equality in education, with more women than men completing secondary education and pursuing higher education, including in STEM fields. This emphasis on education ensures equal opportunities for personal and professional development for women.
Moreover, women actively participate in various sectors of the economy, including business and government. The UAE has implemented policies to promote women's participation in both the private and public sectors, ensuring equal access to economic resources and leadership positions.
In the UAE, women possess the freedom to own property and secure mortgages, with approximately 30 per cent of all real estate in Dubai owned by women. This reflects the country's dedication to economically empowering women and ensuring their financial independence.
Women's representation in government and diplomacy is significant in the UAE, with women holding leadership roles in parliament and serving as ambassadors and consuls general. This representation underscores the UAE's commitment to gender balance and empowerment across all levels of governance and international relations.
Furthermore, women in the UAE are making substantial contributions to STEM (Science, Technology, Engineering and Mathematics) fields, showcasing their expertise and leadership in areas such as space exploration, engineering and technology. The UAE's support for women in STEM underscores its dedication to advancing innovation and knowledge-based industries with gender-inclusive participation.
The UAE's adherence to international conventions and treaties, such as the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), highlights its commitment to aligning its policies with global standards for women's rights and empowerment.
Overall, the UAE's legal framework and initiatives reflect a holistic approach to protecting and promoting women's rights, encompassing reproductive rights, education, economic participation, political representation, and contributions to STEM fields.
The UAE government's efforts to invest in women's rights, skills, and economic empowerment align with the theme of 'Invest in Women: Accelerate Progress' for International Women's Day 2024. These initiatives continue to inspire inclusion and accelerate the progress of women, contributing to their social, economic, cultural, and political achievements.
(The writer is a legal associate at Dubai-based NYK Law Firm)
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
In the UAE, living together as an unmarried couple is not explicitly illegal. Recent legal reforms have removed criminal implications, offering a more comfortable environment for cohabiting couples. However, it is crucial to note that while not illegal, the UAE legal system does not grant unmarried couples the same rights and recognition as married counterparts.
Acknowledging the growing number of tourists from Western countries who may seek investment opportunities and prolonged stays in the UAE, the government has embarked on a comprehensive series of legal reforms.
These reforms represent a significant legal evolution, tackling key issues such as divorce, inheritance laws, and addressing sensitive matters like honour killings. Aimed at improving the quality of life for expatriates in the UAE, these initiatives include legal amendments concerning live-in relationships.
The concept of living together in the UAE frequently ignites the interest of both expatriates and residents, sparking uncertainty and prompting a plethora of questions regarding its legality and societal acceptance.
Let's delve into these common inquiries and explore the experience of living together in the UAE, covering legal aspects, societal perspectives, and essential considerations.
Is Living Together in the UAE Legal?
Living together as an unmarried couple is not expressly prohibited in the UAE. The implementation of recent legislation has effectively eliminated its classification as a criminal offense, thereby creating a more comfortable environment for couples in informal partnerships to stay in the UAE.
However, it's vital to recognise that the legal system in the UAE does not recognise unmarried couples in the same way it does to married ones. This absence of legal recognition may influence several facets of life, encompassing residency, inheritance rights and healthcare access.
What are the Implications?
Living together without being married can carry legal consequences. Unmarried partners do not possess the same legal rights and protections as married individuals. This disparity can affect various aspects, such as the accessibility of joint bank accounts, shared assets and specific healthcare benefits for unmarried couples.
What are the Societal Attitudes?
In the UAE, renowned for its cultural diversity and tolerance, societal attitude towards unmarried cohabitation can vary. Marriage is highly valued in the UAE, and certain traditional communities may view living together without formal marriage differently.
Though not illegal, unmarried couples may face challenges regarding legal recognition and societal acceptance.
By understanding the legal landscape, respecting cultural norms and seeking appropriate guidance, unmarried couples can navigate their living together journey in the UAE with clarity.
(The writer is a legal associate at Dubai-based NYK Law Firm)
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
Lawyers who successfully challenged Elon Musk's $56 billion Tesla pay package as excessive acknowledged that their request for a $6 billion fee is "unprecedented." Yet, from certain perspectives, it might be deemed economical.
The fee's assessment, much like Musk's contested compensation, defies simple comparison. A Delaware judge will soon deliberate on its reasonableness and compliance with various legal standards.
According to documents filed in the Court of Chancery in Delaware, the fee translates to an hourly rate of $288,888 for the efforts expended by each of the 37 lawyers, associates and paralegals involved in the case. In contrast, premier corporate attorneys bill $2,000 per hour, while seasoned associates at major law firms earn approximately $288,000 annually.
At the $2,000 per hour rate, the aggregate time invested by the shareholders' legal team—roughly 19,500 hours—would tally around $39 million, significantly less than $6 billion.
In addition to its magnitude, the fee stands out for its unconventional nature. The legal team seeks compensation by obtaining a portion of what Musk is relinquishing—Tesla stock from his pay package. Specifically, they aim for 29 million of the 266 million shares Tesla is receiving as a result of the ruling, asserting that the fee incurs no cost for Tesla.
The shareholders' legal representation comprises three law firms: Bernstein Litowitz Berger & Grossmann and Friedman Oster & Tejtel, both headquartered in New York, and Andrews & Springer of Wilmington. The legal team declined further comment beyond their court filing, as per an email from Greg Varallo of Bernstein, according to Reuters.
Ordinarily, in shareholder lawsuits like Richard Tornetta's 2018 case concerning Musk's compensation, legal teams operate pro bono, anticipating a share of any eventual settlement or judgment.
The highest fee awarded in a shareholder lawsuit to date is the $688 million granted in 2008 to the attorneys representing Enron shareholders, according to Stanford Law School. This securities fraud case stemmed from the commodities trader's concealed debts, leading to its bankruptcy.
Judges do not evaluate fees solely based on their sheer size. However, even by other metrics, the fee in the Musk case surpasses that of Enron. The Enron fee amounted to 9.5 per cent of the $7.2 billion settlement, also a record. In contrast, the lawyers in the Musk case stated that their fee request equates to 11 per cent of the stock Musk would be returning to Tesla.
Federal judges typically award lower percentages as settlements increase in size, particularly in cases surpassing $1 billion.
Exceptions
But there are exceptions, and they resemble cases akin to the Musk lawsuit. In 2016, a federal judge granted an unusually high fee of 25 per cent, equivalent to $422 million, from a $1.6 billion settlement in a securities lawsuit against Household International, a consumer finance company, for concealing its unsound lending practices. This protracted case, spanning 14 years, resembled the Musk case as it involved a rare occurrence in shareholder litigation—a trial. The court deemed the extensive duration and associated risks justified the fee.
Fortunately for the legal team representing shareholders in the Musk case, it was adjudicated in Delaware state court, where factors like the efforts of the legal team and case complexity are considered when assessing fees.
Delaware's approach was underscored in a 2011 ruling approving a fee of $304 million for a legal team contesting a deal by Southern Copper Corp that was found to favour its controlling shareholder, Grupo Mexico. Delaware judge Leo Strine faced a request for an unprecedented fee of $35,000 per hour, which defendants argued could disrupt the legal system. Strine deemed it a healthy incentive and sanctioned the fee, amounting to 15 per cent of the $2 billion judgment.
However, Delaware's approach might undergo changes. The Delaware Supreme Court is reviewing an appeal concerning a fee representing 27 per cent of a $1 billion settlement in 2022 involving Dell Technologies. This class-action lawsuit against the company stemmed from a 2018 stock conversion related to Dell's stake in VMware.
Oral arguments are scheduled for May, and two groups of law professors have submitted opposing amicus briefs—one positing that Delaware incentivises shareholder lawyers to pursue the largest settlements, and the other suggesting that fee percentages should decrease as recoveries increase.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
On Tuesday night, a digital frenzy unfolded as platforms owned by Meta, including Facebook and Instagram, as well as Threads, Messenger and some WhatsApp users, grappled with significant outages.
Starting around 8:56 p.m., users faced difficulties loading content on their feeds, encountering issues with app functionality, login processes, and content uploading. This led users to turn to 'X' for confirmation of the widespread issue and, naturally, to create memes about it.
The Meta outage quickly became a viral topic on Elon Musk's 'X' platform, with numerous users reporting sudden logouts from Meta-owned social media platforms. Phrases like "Cyberattack," "Mark Zuckerberg," and "Instagram Facebook Down" surged to the top of trending topics.
Musk himself took advantage of the situation to showcase the "superiority" of his platform, while playfully poking fun at the outage, as seen in one of his posts: "If you’re reading this post, it’s because our servers are working."
But this was just the beginning. The influx of memes kept people entertained as they waited for services to be restored, injecting humor and jokes into the situation. Downdetector, a website tracking outages, recorded over 300,000 Facebook outages and more than 47,000 reports of Instagram downtime worldwide.
Andy Stone from Meta addressed concerns on 'X,' offering reassurance that solutions were in progress.
The outage persisted for approximately an hour, after which all apps resumed normal operation.
A statement was issued, expressing regret for any inconvenience caused and confirming the swift resolution of the issue. "We resolved the issue as quickly as possible for everyone who was impacted, and we apologise for any inconvenience."
The financial repercussions of this widespread disruption should not be overlooked, as it not only disconnected billions of users but also dealt a significant blow to the company, according to experts.
Meta's share price initially dipped by 1.5 per cent as issue reports flooded in, later sliding further by 1.6 per cent.
Experts have now revealed the staggering financial toll on Zuckerberg due to this colossal downtime. Dan Ives, managing director of Wedbush Securities, disclosed that Mark Zuckerberg suffered a loss of about $100 million in income on Tuesday as a result of the global outage of his platforms.
Netizens Fear Hacking, Cyber Attack
Hundreds of people took to microblogging site X reporting about Facebook and Instagram outage.
One user wrote, “Is meta down or am I being hacked? my instagram isn’t loading and my facebook is also “session logged out".
Another said, “I thought my Facebook and Instagram got hacked for a second."
"Me coming to twitter to see if #INSTAGRAM is down once again," another user tweeted.
An X user 'Fram Freeman' claimed, “I've been scrambling changing passwords 3 times thinking I'm racing the hackers like in a movie lol."
Meanwhile, a user names Fawad Rehman posted, "Instagram, Facebook and Whatsapp are down. #CyberAttack".
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
The pace at which justice unfolds might pale in comparison to the speed of Formula One, yet Scotland Yard has finally recovered a unique Ferrari once owned by racing icon Gerhard Berger, 28 years after its disappearance.
The red Ferrari F512M Testarossa worth £350,000 was stolen from the Austrian 10-times Grand Prix winner while he was competing at the San Marino Grand Prix at Imola in April 1995.
Also stolen was another Ferrari, a silver-grey F355, belonging to fellow Formula One driver Jean Alessi, which remains missing. Both drivers were competing for the Ferrari Formula One team at the time.
Berger, who is now 64, reportedly came across the thief as they were making off with the car and unsuccessfully tried to chase them in a friend’s Volkswagen Golf.
At the time, Italian police said they believed the cars were likely to have been stolen to order.
London's Met Police said officers received a report from the legendary Italian car maker in January this year after it had carried out checks on a car being bought by a US buyer through a UK broker last year.
The Organised Vehicle Crime Unit discovered the car had been shipped to Japan shortly after being stolen, before it was brought to the UK in late 2023.
Officers then swooped to take possession and prevent it from being exported.
Met Police said the team’s inquiries “were painstaking and included contacting authorities from around the world”, but resulted in the car being quickly recovered.
"The stolen Ferrari – close to the value of £350,000 – was missing for more than 28 years before we managed to track it down in just four days,” police said.
Berger, known for his illustrious Formula One career, finished third overall in the 1988 and 1994 championships, driving for Ferrari. Since retiring, he has transitioned into a respected pundit within the sport.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
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.)
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
Dubai authorities are taking stern action to address the issue of begging in the Emirate with the aim of raising awareness on the importance of preserving the civilized image of the Emirate.
As part of this move, the Dubai Police General Command announced the launch of its annual “Fight Begging” campaign, which continues throughout the holy month of Ramadan.
This announcement came during a press conference held by the General Department of Criminal Investigations and Investigations at its headquarters in Dubai, in the presence of Brigadier Dr Saeed Abdullah Al Qamzi, Assistant Director of the General Department of Investigations for Criminal Operations Affairs, Brigadier Ali Salem Al Shamsi, Director of the Suspects and Criminal Phenomena Department, and Brigadier Nabil Al Redha, Director of the Emergency Department at the General Department of Security.
The campaign will be supported by General Directorate of Residency and Foreigners Affairs in Dubai, the Dubai Municipality and the Department of Islamic Affairs and Charitable Activities in Dubai.
Brigadier Dr Saeed Abdullah Al Qamzi said that Dubai Police annually monitors new methods used by beggars such as using social media platforms and new technologies to lure their victims, pointing out that "beggars exploit the compassion and generosity of people, particularly during the holy month of Ramadan. This behavior is seen as detrimental to the security and well-being of society".
Those found begging will face strict penalties, including a minimum fine of Dh5,000 and up to three months in prison.
Individuals caught organising begging activities and bringing people from abroad to participate in them will face severe penalties, including a minimum imprisonment of six months and a fine not less than Dh100,000.
The authorities have noted a concerning rise in the exploitation of social media platforms to promote begging, often under false pretenses of assisting those in need. Dubai Police emphasise that stringent actions will be taken to combat such deceptive practices.
According to the Information Technology Crime Law of 2012, article 5, anyone using information technology means to solicit or promote fundraising without an approved licence from the competent authority shall be fined not less than Dh250,000 and not more than Dh500,000, or subject to either of these penalties.
Authorities strongly advise residents against giving money to beggars and instead encourage them to utilise official channels for charitable donations and assistance. This ensures that contributions reach legitimate recipients and deserving causes through recognised charitable organisations and institutions. According to Dubai Police, 99 per cent of beggars perceive begging as a profession.
Residents are urged to cooperate with law enforcement by reporting any instances of begging in residential areas or outside shops. Dr Saeed Al Qamzi said that complaints can be lodged through the Dubai Police app or by calling 901.
Dubai Police have identified numerous individuals and groups accumulating substantial sums of money through begging. Colonel Al Qemzi reported that over 1,700 beggars were apprehended and punished between 2020 and 2023, including 487 females and 1,238 males.
To raise awareness about the issue of begging, the police plan to employ various mediums, such as panels in residential areas, ATM screens and 300 display screens across 26 Union Co-op supermarket branches.
Furthermore, awareness campaigns will be integrated into Friday prayer sermons, with lectures on begging scheduled after each of the five daily prayers.
Brigadier Ali Salem called on members of the public to report beggars by calling the toll-free number 901 or through the “Police Eye” service available on the Dubai Police application on smart phones, in addition to reporting electronic crimes or cases of electronic begging via the e-Crime service.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
If you enjoy revving your car engine while driving, brace yourself for a fine.
Abu Dhabi Police have issued a warning to drivers, advising against engaging in disruptive behaviours such as generating excessive noise from vehicles or any actions that disturb public peace and pose risks on the roads. Violators will face a fine of Dh2000 and 12 traffic points.
In addition to the warning, Abu Dhabi Police have released an awareness video emphasising the importance of refraining from driving vehicles that create excessive noise, urging motorists to avoid unnecessary honking and rapid acceleration.
The police highlighted that such disruptive activities are particularly prevalent in areas adjacent to sandy regions near residential zones, causing significant disturbance and anxiety among residents, especially vulnerable groups such as children, the sick, and the elderly.
The noise from vehicles disrupts public tranquility, leading to panic, tension and nervousness among motorists, pedestrians and residents.
Furthermore, Abu Dhabi Police urged motorcycle and vehicle operators to strictly adhere to safety and security measures, particularly in sandy locales and family camp areas.
Abu Dhabi Police warned of further legal measures against individuals who modify their vehicles without authorisation, invoking Article "73" for unauthorised engine or chassis modifications, which entails a fine of Dh1000, 12 traffic points, and a 30-day vehicle impoundment.
Under Law No. (5) of 2020 regarding the impoundment of vehicles in the Emirate of Abu Dhabi, offenders may also be required to pay a Dh10,000 fee to release impounded vehicles, with the possibility of the vehicle being auctioned if fees are not paid within three months.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
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)
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
Whether you're seeking lucrative rental yields, capital appreciation, or a dream vacation home, the UAE's real estate landscape offers a wealth of opportunities for astute investors.
Embrace the journey, seize the opportunity, and unlock the untapped potential of the dazzling world of UAE real estate, where opulent skyscrapers, sun-kissed beaches, and unrivalled luxury make it an ideal destination for investors from around the globe.
If you're thinking about investing in property here, we've got some simple tips to help you get started.
Choose a Location that Aligns With Your Lifestyle
From the glitzy metropolis of Dubai to the cultural tapestry of Abu Dhabi and the tranquil shores of Ras Al Khaimah, the UAE is a treasure trove of diverse real estate opportunities. Each emirate boasts its unique charm, lifestyle offerings, and investment potential. Delve into the heart of each location, considering factors like infrastructure, proximity to amenities, and future development plans to unearth the perfect investment gem that aligns with your vision.
Understanding Legal and Regulatory Framework
As you embark on your UAE property investment journey, navigating the legal landscape is paramount. Familiarise yourself with the laws and regulations governing property ownership, foreign investment, and residency visas. Stay abreast of recent regulatory changes, taxation policies, and compliance requirements to ensure a smooth and legally sound investment process. Consulting with legal experts specialising in UAE real estate law can provide invaluable guidance and peace of mind.
Stay Informed About Market Trends
The UAE's real estate market is a dynamic ecosystem influenced by a myriad of economic factors, geopolitical events, and market trends. Stay ahead of the curve by immersing yourself in market intelligence and analysing key indicators such as rental yields, occupancy rates, and demand-supply dynamics. Identify emerging investment hotspots, anticipate market shifts, and capitalise on lucrative opportunities to maximise your investment returns.
Choose Reputable Developers
When venturing into off-plan properties or new developments, partnering with reputable developers is paramount. Conduct thorough due diligence on developers' track records, past project deliveries, and reputation for quality and transparency. Look for industry accolades, customer testimonials, and regulatory certifications as hallmarks of excellence. Aligning yourself with trusted developers ensures a seamless investment experience and mitigates potential risks.
Financial Planning and Investment Strategy
As with any investment endeavors, prudent financial planning is key to success in UAE property investment. Define your investment objectives, set a realistic budget, and explore financing options tailored to your needs. Consider factors such as mortgage rates, loan tenure, and repayment terms when structuring your financial strategy. Leverage the expertise of financial advisors to optimise your investment portfolio and mitigate financial risks effectively.
Investing in property is a journey, and with the right knowledge and guidance, you can turn your real estate dreams into reality in the vibrant landscape of the UAE. Happy investing!
The writer is a legal associate at NYK Law Firm, Dubai
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.