6 Factors for Business Migration in UAE

Dubai’s economy is thriving, but new enterprises are flocking to the city because of its reputation for safety, great education, accessibility, tax structure, and advanced healthcare facilities (as seen by the city’s quick reaction to the coronavirus epidemic).

Many sectors of the economy, such as commerce, export and import, logistics, financial services, hospitality, event management, tourism, and construction, have helped to develop the UAE into a worldwide commercial powerhouse and ultimate investment destination. As a consequence of these features, the United Arab Emirates is a favoured alternative for many businesses. The following are the top 6 reasons to do business in Dubai:

1. Dubai’s Developing Economy

The UAE’s economy remained strong despite the epidemic. To put it another way, tourism recovered the fastest in the world.

Despite the Covid-19 predicament, the UAE is planning for a brighter future by doubling its economy by 2030. Entrepreneurs, investors, and creative minds can also benefit from the country’s cutting-edge infrastructure, better connectivity, highly established incubators, accelerators, and investors, as well as different incentives and recent legislative changes.

2. Location is Ideal

Dubai’s strategic position provides easy access to all three continents, making it an ideal site for numerous economic activities such as international trade (import and export), logistics, tourism (hospitality), and events (event management). Dubai is located in the heart of the United Arab Emirates’ 400-mile-long coastline. Due to its sea and air connections, Dubai is a great transit hub for items traveling from East to West. 2.5 billion customers throughout the Gulf, Africa, Asia, and the Commonwealth of Independent States may be reached through Dubai.

3. Tax Structures are Favorable

Surprisingly, many entrepreneurs that choose Dubai as their home base are expats from high-tax cities and countries such as the United States, the United Kingdom, Switzerland, and France. Profits are tax-free in Dubai, but it is critical to understand the tax requirements of each individual’s home country. People who support self-regulation point to Dubai’s regulatory framework as another motivation to visit the city. Corporate and personal income taxes and withholding tax exemptions are available in the UAE’s 38 free zones, which were established to stimulate international investment. Moreover, you will not be charged with the following;

  • Income tax
  • Value-added tax
  • Business or commercial tax
  • Withholding tax
  • Capital gains tax

4. Residence Permit

A UAE Residency Visa is provided if you create a business in Dubai or another emirate in the UAE, as well as your family members and expatriate personnel. A UAE Residency Visa allows you to open a current account in UAE banks, lease an apartment for a prolonged length of time, and enter and depart the UAE several times.

Golden Permits, long-term resident permits that allow company owners and their employees to live and operate in the UAE without the need for a sponsor, were made available in 2019 to make business migration simpler. Unlike the previous requirement that a firm operating outside of a free trade zone have a local partner with at least 51% ownership, these visas are granted to qualifying people and their families for 5 or 10 years, automatically renew and provide 100% ownership of one’s business. The objective is to make the UAE more desirable to entrepreneurs and small company owners.

5. High-Class Healthcare System

Dubai’s healthcare system is first-rate, with first-rate facilities and highly skilled professionals controlled by the Ministry of Health and Prevention. There are about 40 hospitals in Dubai, in addition to the four government hospitals, Dubai, Rashid, Latifa, and Hatta. Healthcare in Dubai is available to all inhabitants, and businesses must provide health insurance to cover their workers’ expenditures.

It is hard to live a healthy lifestyle in Dubai unless you find something to do. Visitors and residents alike may enjoy the city’s gorgeous beaches, delectable food, and lively streets ideal for strolling. The most popular sports include skiing, polo, cricket, tennis, cycling, and camel riding.

6. Infrastructure

Dubai International Airport (DXB) is one of the greatest public transit networks in the world, serving over 100 airlines and 260 destinations globally. Furthermore, according to the Airports Council International, Dubai International Airport (DXB) is the world’s largest and fastest-growing passenger and cargo hub.

If you’re starting a business in Dubai, you don’t have to be concerned about locating an office, a retail store, a manufacturing unit, or a warehouse. In recent decades, there has been a massive quantity of new development on a massive scale for residential, tourism, industrial, and commercial purposes. New roadways, better public transit, and a new airport are all being built. The UAE’s infrastructure and transportation have been named among the finest in the world by the World Economic Forum’s Travel and Tourism Competitiveness Report. However, there was a huge disparity between the country’s road conditions and the quality of air travel, ports, and ground transit. Ports are classified into two types: marine and aviation.

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Technology, Media & Telecommunications Laws in the UAE

The industry of technology, media, and telecommunications (TMT) saw rapid adoption of digital services and technologies as a result of the pandemic in sectors including online communication and videoconferencing technologies, streaming services, and online shopping. However, the suppliers’ capacity to deliver projects (due to diseases, travel constraints, and work-from-home duties) as well as create new items was severely hampered (due to supply chain issues). Meanwhile, the legal change in the TMT sector continued at a rapid speed.

The UAE continues to develop its TMT capabilities in both the corporate and public sectors. TMT companies require industry expertise and experience. The establishment of free zone hubs and special economic zones in Abu Dhabi, Dubai, and other Emirates has transformed the UAE into a regional hub for numerous firms centered on technology, media, and telecommunications (TMT). It has remained an innovation hotspot, leading the area in various fields. It is kept up to date on worldwide technology breakthroughs through a local and international presence. The recent digital expansion has had a significant influence on sectors and enterprises all around the world.

With technology evolving at such a quick pace, it is becoming increasingly critical for businesses to stay current and educated across all touchpoints. To stay ahead of the competition, the telecoms and media sectors have had to reinvent their operating models while continually innovating. Blockchain, G5, and other technology platforms have been game changers in the world of commerce.

The most common TMT disputes are over intellectual property rights, joint venture disputes, licensing, information technology implementation programs, competition, merger and acquisition agreements, non-disclosure agreements, data-related issues, outsourcing programs, and reputation management issues. The Telecommunications Regulatory Authority (“TRA”), established under the UAE Telecommunications Law, is the primary telecoms regulator in the UAE.

Laws Related to TMT in the UAE

The following TMT legislations are noteworthy in the UAE.

  • UAE Federal Law No. 15 of 1980 (the “PPL”) governs printing and publishing in the UAE.
  • UAE Federal Law No. 3 of 1987 (also known as the “UAE Penal Code”).
  • UAE Federal Law No. 3 of 2002, as modified, governs the structure of the telecommunications industry (the “UAE Telecoms Law”).
  • UAE Federal Law No. 5 of 2012, as amended by UAE Federal Law No. 12 of 2016 and UAE Federal Decree No. 2 of 2018 (the “Cyber-Crime Law”).
  • The National Media Council is governed by UAE Federal Law No. 11 of 2016 (the “NMC Law”).
  • Resolution No. 30 of the NMC Board of Directors of 2017 (the “Media Content Regulation”).
  • Regulation of Electronic Media Activity by the NMC.

There is nothing to suggest that the next years will be less digital. The UAE has stated its future potential and proclaimed its priority in this area. The degree of adoption of smartphones, Internet, and social media networks, as well as the solid ICT infrastructure and government policies that encourage digital transformation, are all indicators of the UAE’s trend toward digitalization and the digital lifestyle. The translation of digital transformation into economic development will be the most difficult challenge for the ‘Digital sprinters,’ including the UAE, in the coming phase. If countries around the world succeed in this challenge, they will have created a historic gain from digital transformation, which will be reflected in collective additional economic growth.

Social Media Influencer Laws

The rise of social media over the last few decades has significantly impacted how brands interact with customers. Not only is social media consuming a significant portion of global advertising expenditures, but it is also providing an effective means for firms to engage directly with consumers on a B2C level. With the emergence of social media, a new form of brand advocate – the social media influencer – emerged. All of this occurred under the cover of media and advertising rules that were not necessarily geared to deal with how new media is managed. Governments throughout the world are reacting accordingly, and companies must remain nimble and up to speed with new rules and regulations on a constant basis.

Cyber Security

The fundamental right to privacy and confidentiality of information and trade secrets is entrenched in the UAE Penal Code. The Cyber Crime Law was passed in 2012 to keep up with emerging technological methods, and it was later revised in 2016 to include all sorts of cybercrime that may occur in the UAE. The TRA created the National Cybersecurity Strategy in June 2019 because cybersecurity is a critical component of ensuring a resilient and efficient telecommunications infrastructure. The National Cybersecurity Strategy’s goal is to guarantee that the country is prepared for a cyberattack on a regulatory and policy level, as well as a commercial and individual level.

Workers’ access to and submission of sensitive information such as passwords, email addresses, personal information, phone numbers, home addresses, proprietary information, financial data, and communication about customers and employees through wireless and wired networks is crucial.

Internet Content Laws

The TRA governs and is accountable for the material found on any webpage or website. Concurrently, telecom companies have been required to screen and control the information that goes via their network. They are also responsible for limiting access and reporting any instances of illegal content to the TRA.

Content is considered illegal if it breaches UAE law’s public policy and values. The TRA provides a non-exhaustive list of what is considered prohibited content, which includes not just morally and financially unlawful actions, but also those that are deemed detrimental to the State.

The TRA has also barred the use of proxy servers and VPNs that provide access to forbidden content. It has been stated that VPNs are only permitted if they are not used to access banned or unprotected material.

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5 Things to Know About Child Adoption in Dubai

Adoption is banned, a prevalent misunderstanding among foreigners in the UAE. Many people believe that adopted children from other countries are not legally recognized in the country. The misunderstanding stems from the misconception that the UAE is a Muslim country that follows Sharia/Islamic law. However, the authorities are constantly working to make the law more accommodating to all of the people who come to work and live in the UAE.

Adoption is forbidden in Islam. However, it is legal in some forms in the UAE. Citizens of the UAE and Muslim expats are permitted to raise, care for, sponsor, or foster an orphaned or abandoned child. However, only when the procedure is carried out through authorized charitable organizations. Furthermore, the child is not permitted to adopt the foster parents’ surname, and he or she may keep their biological parent’s surname.

Any child adoption conducted outside of the UAE is also acceptable. Expats in the UAE can adopt according to their home country’s legislation, and the adopted kid has the same rights and protection as the biological child.

5 Things to Know About Child Adoption in Dubai

If you are planning to adopt a child in Dubai, you should follow these steps in order to abide by all the legal compliances.

Child Adoption for Muslim Parents

As previously stated, formal adoption is prohibited in Islam. However, financial help and caring for orphaned children are welcomed. The legal relationship between children and their adoptive parents is defined in the Quran, and the child’s biological family is always prioritized, and ties with them are never severed.

Adoptive parents are responsible for providing the child with parental affection, care, and financial support, but the child does not legally inherit anything. In Arabic, the Islamic term for adoption in kafala means to feed. The term broadly refers to the relationship between a foster parent and a child.

The relationship between a guardian and a child is governed by strict rules under UAE law, and the guardianship legislation differs from most nations’ typical adoption norms. The following are some of the legal provisions that characterize the nature of the child’s connection with adoptive parents:

  • Adopted children are given the surname of their biological parents rather than the surname of the adoptive family.
  • The government assigns the surname to abandoned children, and they keep it. The first name can be chosen by the parent.
  • Adopted children inherit the characteristics of their biological parents rather than those of the adoptive parent.
  • Adoptive parents and children are not legally considered blood relatives.
  • Adoptive family members are legally acceptable as prospective marital partners.
  • Where the grown child and adoptive family members are of the opposite sex, the law of privacy is enforced.
  • Never forget that the adoptive family cannot replace the biological family.
  • Parental legal responsibility encompasses child care, parental care, inheritance rights, and custody.

Child Adoption as an Expat

Non-Muslim expats are permitted to adopt children if the adoption takes place outside of the UAE and is recognized in their home country. In such instances, adoption is governed by the laws of the adopting parent’s and child’s respective nations. Adopted children have the same rights and protection as biological children once they and their parents arrive in the UAE. The legislation in the UAE makes no distinction between biological and adoptive children.

Process of Child Adoption in Dubai

When residing in the UAE, the adoption procedure consists of many phases. Before you begin the adoption process, you should consult with a family lawyer in the UAE. Our family attorneys in Dubai, Sharjah, Abu Dhabi, and other regions of the UAE have successfully handled a number of adoption cases. The lawyer also guarantees that your adopted kid, like you, is granted residence in the UAE.

Local authorities conduct a home study to begin the adoption process. The home study program comprises a complete psychiatric screening, weeks of counseling, and an evaluation of the parent’s eligibility. The home study process, which includes weekly treatment sessions, can last up to 10 weeks. The treatment sessions provide a number of advantages. They help prospective parents plan ahead and allow authorities to assess any potential dangers to the child. The authorities ensure that the parents understand the UAE’s child rights laws. The entire procedure is intended to assist children rather than parents. When the home study is finished, the prospective parents are given a psychological evaluation certificate that has been certified and signed by a licensed psychologist.

Your family lawyer can set up the adoption papers while the home study program is in progress. It is advised to pick a legal company in the UAE that has successfully assisted with the adoption procedure. Aside from documentation, your family lawyer assists in setting court dates, completing and filing papers, and obtaining exit documents. When the child arrives in the UAE, a residency application is made, and a citizenship application is made in the parent’s home country.

The steps for adopting a child while living in the UAE are as follows:

  • HRIC’s home assessment (study) program.
  • Prepare the documents and submit them.
  • Contact an adoption facilitator in the adoptive parent’s home country or any other country of your choice.
  • Travel to meet the child you wish to adopt.
  • Finish the papers.
  • Return to the child’s birth country while the court date is still pending.
  • Request a visa and bring the child to the UAE.
  • Apply for citizenship in the country where your parents were born.
  • Regular reporting to authorities in the kid’s native country until the youngster reaches the age of eighteen.

Some General Conditions for Child Adoption in Dubai

Authorities have outlined some general guidelines for couples or individuals adopting children in the UAE:

  • The adoptive child and other family members should be financially supported by the foster family or single mother.
  • Foster parents must be capable of looking after a child’s well-being, raising him or her properly, and caring for his or her health.
  • The foster family members or single mothers must be free of infectious diseases as well as behavioral and psychiatric disorders.
  • During the home study, the family is expected to present evidence of good behavior, such as a police clearance certificate.
  • A single mother who wants to foster a child must be both willing and knowledgeable about the procedure.
  • The single mother must be at least thirty years older than the child.
  • The foster couple must be at least 25 years old.

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Narcotics & Drugs Laws in UAE

Drug addiction is one of the most common issues young people encounter. Around the world, millions of individuals spend an unfathomable sum of money on this horrific addiction. According to legal advocates in Dubai, drug trafficking is a significant worldwide problem that the world is working hard to eradicate.

UAE is not exempt from this challenge, just like every other nation in the globe. In reality, there has been an increase in drug use and possession in the UAE since 2018. The UAE government has long adopted a zero-tolerance approach to drug trafficking to combat this situation.

The Federal Law No. 14 of 1995, as amended, establishes the framework for the regulation of narcotics, drugs, and psychotropic substances in the United Arab Emirates. It’s also referred to as the “drug law.” This legislation makes it illegal to produce, import, export, transport, purchase, sell, store, and possess narcotic and psychoactive drugs inside the nation.

The offender would be subject to penalty if they engaged in any of the aforementioned acts without any supervision or if they did not have legitimate scientific or medical justifications.

The Shariah Law

The purchase, possession, use, and distribution of drugs are strictly forbidden, as they are in all Muslim nations that uphold Sharia Law. Even though the UAE is very liberal, with alcohol flexibly available in hotel bars and restaurants in the majority of emirates and sold to private individuals with permits, the UAE had a zero-tolerance policy toward drug use, particularly trafficking, until recently. It has been documented that transiting or arriving passengers to the UAE have been detained just for having a poppy seed on their clothing from eating a sandwich.

Although it is uncommon, visitors should be aware that their bags may be inspected at customs, and anyone found in possession of narcotics may expect to pay hefty penalties or perhaps go to jail.

Drugs in UAE

Early in 2022, the regulations around drugs were slightly modified in relation to THC, the primary psychoactive component of cannabis, despite the fact that they were still highly tight. People caught with THC-containing food, beverages, or other products will no longer go to jail; instead, the THC will be seized, and at most, they will receive a fine. Nevertheless, it is still completely forbidden to possess vapes or e-cigarettes that have been infused with cannabis oil.

Potential jail terms for first-time offenders have been lowered from two years to three months, and during that period, rehabilitation will be made available to the offenders.

However, the law is still strict when it comes to the use of stronger drugs and drug trafficking; as a matter of fact, the fine for encouraging drug use and aiding in the sale of narcotics and psychoactive substances has been increased to AED 50,000 and offenders face a minimum five-year prison term.

Prescription Medicated Drugs

When we talk about UAE in particular, prescription or over-the-counter medications are classified as illegal monitored substances in the United Arab Emirates. This is where many travelers make unnecessary or vague mistakes by not understanding the laws of carrying prescription drugs when traveling to the UAE.

If you are a prospective traveler who is planning to come to the UAE and you take some prescribed medication that is classified as drugs, you should declare it to the relevant authorities or document it beforehand so that they can save you from possible inconsequence. For this, the traveler may require a letter from their doctor or face no entry into the country.

However, travelers are advised to register their drug information on the government website. The government website helps you mention specific details for your business and help you have a safe travel plan.

Some Amendments to the Law

The severity of the punishment for using illegal substances has drastically decreased as a result of recent revisions. You may have received a four-year prison term earlier. However, it was recently shortened to just two years because of the amendment’s changes.

The attorney general now has the authority to order the criminal to report to a rehabilitation facility rather than appear in court, which is another significant change brought about by the amendment. However, the attorney general may arrive at this judgment after speaking with the bureaucracy and the prosecutors, and it would depend on the criminal history of the perpetrator.

In the event of a repeat offender, the court may impose a fine of AED 10,000 as well as a two-year prison sentence. However, a first-time offender may be ordered to perform community service or attend a rehabilitation facility in addition to paying a maximum fine of AED 10,000.

Penalties & Deportation

Schedule 10 details the consequences for breaking Articles 10 and 11 of the Narcotics Law.

According to Schedule 10 of the Narcotics Law, breaching the rules relating to Articles 10 and 11 would result in penalties of at least 7 or 10 years in jail and fines, depending on the drug(s) in question. The accused may even get a life sentence, depending on the number of narcotics found.

According to Article 57 of the Narcotics Law, the accused may be given the death sentence if the offense connected to a violation of Article 10/1 was done with the intention of trafficking or promotion or if the accused is a member of an enemy organization or organized gang or works for its benefit.

The courts may decide to order the deportation of a foreign national who has been charged with narcotics charges under the Narcotics Law. This is a change from the previous stance, which mandated the deportation of foreigners for narcotics offenses.

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5 Things to Know About Arbitration in Commercial Disputes in UAE

In the past ten years, economic prospects for international investors have significantly increased in the UAE. As a result, the laws have been changed by the legislators to include a reliable dispute settlement process. Such dependable institutions are capable of serving the needs of both domestic and international investors.

In the UAE, arbitration or litigation is typically used to settle business issues. At the same time, the most popular and widely used method for settling such conflicts nowadays is arbitration. The nation adheres to the civil law system, with the courts taking an investigative stance.

Arbitration in Commercial Disputes

Arbitration is a recognized legal dispute settlement process. Simply described, it is a process where a disagreement is referred to by one or more arbitrators who render a legally binding ruling on the issue with the parties consent.

Rather than just going to court, private disputes can be resolved through arbitration. When faced with a commercial issue, many individuals choose arbitration over litigation since it is less expensive and time-consuming.

Contacting a reputable dispute settlement & arbitration law company in Dubai is essential when choosing arbitration by the best lawyers in Dubai for the settlement of commercial issues. By doing this, it will be ensured that all procedures and choices are in line with the most recent national legislation.

Arbitration Law in the UAE

There are few regulations for the legal principles of arbitration in the UAE arbitration legislation. A petition for arbitration is filed to start the arbitration, and a power of attorney is typically requested as proof of authorization if attorneys are going to start the arbitration. The additional steps for starting a case will be determined by the arbitration rules.

The Arbitration Law allows parties to freely decide on the actions that will be taken to carry out the agreed-upon rules. The tribunal may follow the arbitration laws and any applicable international treaties’ procedural rules if there is no settlement.

According to arbitration law, an arbitral tribunal may ask a court to compel a party or a third party to provide testimony or produce any documents necessary to resolve the dispute. The arbitrators can order the attendance of experts, witness testimony, and hearings at any point throughout the dispute.

Rules Pertaining to Appeals in UAE’s Courts

Any party who feels wronged by the Court of First Instance’s decision may appeal the matter to the Court of Appeal. The appeal may be made on both legal and factual grounds. Parties additionally have the option to add new arguments and supporting data. All appeals must be submitted within 30 days of the day on which you received the Court of First Instance’s decision. The time limit, nevertheless, may be extended under certain conditions.

The appeal’s filer must provide written justification for the appeal as well as supporting documentation. The court will give notice to the opposing party and schedule a hearing for the respondent’s reply after receiving the appeal. The court will set up additional hearing dates to allow for submissions, and if it is pleased that the case has been properly pled, it will issue a judgment order.

Within 60 days of obtaining the Court of Appeal’s ruling, parties have an additional right to appeal it to the Court of Cassation on legal grounds.

How Does Arbitration Help in Commercial Disputes?

It is usually recommended that the parties involved in any economic issues attempt a peaceful resolution through dialogue or mediation. The parties are then sent to arbitration if neither of these approaches is successful in settling the conflict.

In this situation, the case is presented by all parties to qualified arbitration attorneys providing legal services in Dubai, who carefully evaluate the case with supporting documentation. The arbitrator then renders a judgment in accordance with both domestic and international legal standards. The arbitration ruling may or may not be enforceable in court, depending on the kind.

For a variety of reasons, arbitration is important in the process of settling business disputes. Here are the main explanations:

  • It takes less time than litigation.
  • It is a more affordable choice than going to court.
  • It renders a judgment that is final for both parties in conformity with the applicable legislation.
  • It can break a deadlock when parties are unable to reach an understanding via negotiation or mediation.
  • A determination is made after carefully examining the arguments of all parties, the specifics of the case, and credible evidence.

Why Do You Need a Lawyer?

Federal Law Number 7 of 2012 on the Expert Evidence before UAE Courts allows for the appointment of outside experts in legal proceedings. The nomination of lawyers is also governed by Federal Law Number 10 of 1992 concerning Evidence Law. Expert lawyers and advocates are typically called upon to provide advice on various issues that call for the right knowledge and abilities, such as financial or technological difficulties. The experts are chosen from a list of experts that is available to all courts. Due to concerns about reciprocal bias, the court does not let the parties choose an expert.

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Laws & Penalties for Money Laundering in UAE

The stability, safety, and security of enterprises and society at large are threatened by significant criminal activities like money laundering and terrorism funding. To stabilize people’s, businesses’, and other associated parties’ financial systems, the UAE government passed anti-money laundering legislation.

The Financial Action Task Force (FATF) AML Law was put into place to improve the UAE’s capacity for identifying and fighting financial crimes. In this article, you learn about the most recent anti-money laundering rules and sanctions in Dubai, UAE.

Federal Laws for Money Laundering Activities & Terrorist Financing

The Federal Decretal-Law No. (20) of 2018 on AML, CFT, and Illegal Organizations specifies the conditions under which the anti-money laundering regulations in the UAE are applied.

Clause (1) of Article 2 of the law states that anybody who deliberately engages in any of the following actions while possessing knowledge that the money is the profits of a criminal or a misdemeanor is guilty of money laundering.

  • Carrying out any transaction to transfer, move, or hide the proceeds of an illicit source.
  • The funds’ real source, location, or nature, as well as their use, movement, ownership, or rights about these proceeds, must all be concealed.
  • Acquiring, holding, or utilizing funds as soon as they are received.
  • Helping the predicate offense’s offender in avoiding punishment.

Money laundering is regarded as a separate offense. The sentence for the predicate offense will not shield the offender from punishment for the money laundering offense. It shouldn’t be necessary to establish the illegal source of the money before imposing punishment on the predicate offender.

Moreover, Article 3 of the Federal Law No 3 of 1987 says;

  • Any of the deeds listed in Article (2), Clause (1) of the current Decree-Law, if the person knows that the proceeds are owned entirely or in part by or intended to finance a terrorist organization, a terrorist, or a terrorist crime, even if there is no intention to hide or disguise their illicit origin.
  • A person who has done such activities on behalf of a terrorist organization or a terrorist individual while being aware of their real motivations or purposes or who supplies gathers, prepares, procures, or facilitates the acquisition of Proceeds with the aim to use them.

Penalties for Money Laundering

Any individual who engages in money laundering in the UAE shall be penalized with a minimum of one year and a maximum of ten years in jail, according to Article 22 of the Money Laundering Law. The offender may also be penalized with fines that vary from 100,000 to 5,000,000 AED or with both a punishment and jail.

The penalties are more severe if the culprit exploited the influence or authority that was bestowed upon him by virtue of his profession, if the crime was carried out through a non-profit organization or an organized criminal gang, or if a repeat offender did it. Temporary imprisonment (up to 15 years) and fines between AED 300,000 and AED 10,000,000 are possible penalties in certain situations.

Deportation of Foreign Culprits

Experienced and knowledgeable advocates and legal consultants in Dubai from the best law firms in Dubai say that according to Article 29/1 of the Money Laundering Law, any foreigner who violates the Money Laundering Law and receives a jail term for their actions will be expelled from the UAE.

However, under Article 29/2 of the Money Laundering Law, the court may order a foreign national’s expulsion from the country in addition to or instead of a jail term if they have committed a misdemeanor (a felony punishable by up to three years in prison).

It is also very important to remember that the statute of limitations does not cover offences involving money laundering.

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5 Reasons You Need a Construction Lawyer in Dubai

UAE’s growing economy has a dynamic construction industry that plays a massive role. An essential part of Dubai’s economy is the building and engineering sectors. Every year, the demand is surging as new local and foreign investors are not letting go of any chance to make investments at the right time and make a fortune for themselves. And with the construction, real estate, and engineering business booming, it is not surprising that there is a high need for construction lawyers in Dubai, given the demand that occurs in the UAE each year.

A lot of people generally don’t understand it, but if you play any role in the construction and engineering sector, you must have observed that the demand for construction attorneys is real. To prevent project managers from taking shortcuts or constructing dangerous structures, the local authorities have laws and regulations that regulate construction projects.

Builders must adhere to certain norms and regulations, which shouldn’t be taken lightly. To proceed with their intentions to develop, they require the necessary licenses and paperwork. And this is where the corporate lawyers in Dubai from the best legal firms in Dubai can be of genuine assistance.

The Construction Law in Dubai, UAE

Requisites of Employment Contracts

Federal Laws and laws specific to the Emirate of Dubai are in place for the construction sector. The primary federal law is the Civil Transactions Code Federal Law No. 1 of 1985, which was later amended. It states the principles of the general contract as well as a section of Muqawala which relates specifically to construction-related matters.

In addition, there are some Federal Laws, standards, regulations, codes of practice, guidelines, and circulars from the Dubai Municipality and the Free Zones of JAFZA and TECOM in relation to building standards in their relevant jurisdictions. These standards cover environmental, health, and safety regulations as well as other technical requirements for buildings.

Building in regions under the control of the Dubai Municipality is controlled by Administrative Resolution No. 125 of 2001 concerning the implementation of Building Regulations and Standards, which contains comprehensive technical information. In the TECOM and JAFZA regions, similar criteria are used.

The Role of a Construction Lawyer in Dubai

Construction lawyers are highly educated, skilled legal experts who focus on the laws governing rights and obligations in the construction industry. Such attorneys provide thorough legal assistance and guidance to clients for contract negotiations and dispute resolution.

When you are building something or investing heavily in a construction business, there are many things you need to keep a check on. Employment agreements, safety regulations, and other environmental factors may be too complex for you to comprehend on your own and are also covered by construction law. But if you want to continue doing business, it would be a good idea to abide by these laws since they are necessary. And the one who can help you with this is no other than a construction lawyer from a reputed organization. So, getting a legal consultant for your construction site becomes imperative.

5 Reasons You Need a Construction Lawyer in Dubai

Here are some crucial details on how hiring attorneys or construction lawyers can help construction projects progress smoothly to persuade you of the need for lawyers to carry out construction plans.

1. Draft Legally Binding Construction Proposals
A proposal is sent to a certain party to submit a bid for a specific project that has to be done before any construction is started. An attorney can assist in submitting a proposal and outlining the conditions of the relevant party. In the event that their client’s proposal is rejected, they may also contest it.

2. Assist in Contract Negotiation 
A contract binds to an agreement made between a firm and a contractor. A firm may be certain that the contract they have is valid and based on the law, as well as on expectations and the state of the project site, among other things, with the help of a construction lawyer.

3. Help in Construction Claim Compensation
During construction, there may be a circumstance that necessitates the corporation to spend more money and time. Delays and interruptions can also occur in certain situations. A construction attorney can ensure that all submitted claims follow both the law and the signed contract terms.

4. Reconcile Labor Issues
Labor issues should be resolved as promptly and successfully as feasible in order for a construction project to go with fewer, if not no, complications. Labor disputes typically start when a worker alleges that they were treated unfairly or that workplace rules were broken.

Resolving these labor conflicts amicably and getting the best result possible is not impossible with legal assistance. Lawyers are knowledgeable about these matters and are able to find a means to adjudicate any dispute between employers and employees in the construction industry. Early labor problem resolution will assist in maintaining the construction schedule on schedule, saving time and resources.

5. Assistance in Conflict Resolution
There could be a dispute between the supervisors and workers during the building process. The project’s progress toward completion may likewise be a source of anxiety for the customer. The difference, though, is in how you handle the disagreement. An attorney can assist you in enforcing the contract terms and creating notifications and liens that you can bring to the other party. Having legal representation also ensures that you will receive fair compensation for the task you have completed.

What We Cover

  • Corporate & Commercial
  • Dispute Resolution
  • Finance & Investment
  • Insurance
  • Arbitration
  • Litigation

Mai Alfalasi

Advocates & Legal Consultancy

1203, Green Tower
Baniyas Street, Deira
Dubai, United Arab Emirates

Phone. +971 4 223 0666
Whatsapp. +971 50 208 9986
Email. info@maaflegal.ae

Office Hours
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Monday to Friday

5 Key Factors to Know about Employment Contracts in Dubai, UAE

An employment contract is an agreement of hiring an employee that an employer extends to an employee on the set conditions. A written agreement between a specific employee, an employer, or a labour union is known as an employment contract. It lays out the obligations and rights of the two parties—the employer and the employee.

It is a simple agreement that covers the working relationship between a company and an employee. With this contract, both parties understand their obligations and the terms of employment that the corporate lawyer from the top law firms in Dubai helps you with the drafting.

Employment Contracts in Dubai, UAE

Requisites of Employment Contracts

Here are the inclusions that an employment contract must have. This will give you a brief idea of what should be followed and added to the agreement between employer and employee.

  1. The first important thing is to add the salary details. Even if you are hiring an employee on a commission basis, every little detail should be explained coherently.
  2. The days and hours an employee is expected to work may occasionally be specified in an employment contract.
  3. The duration of the employee’s commitment to work for the business will be outlined in an employment contract.
  4. The various responsibilities and obligations that a worker will have while employed can be specified in contracts.
  5. Even though you might need to sign a separate non-disclosure agreement, some contracts contain a confidentiality clause.
  6. An employment contract may specify that the employer retains ownership and control of all communications if the employee’s duties include managing social media, websites, or email.
  7. Another thing that should be added to the employment contract is the benefits the employer will provide to their employee. This may include health insurance details, coverage policy, leaves and vacations, encashment, bonuses, and other perks.
  8. Only some contracts have it, but many employers want employees to put their signature to that non-competing agreement, or a non-competing clause (NCC) is added with care. Many companies take advice from their legal consultants for adding this clause to the contract. This clarifies that the employee cannot work in the primary role for a competitor company upon leaving the job.

Employment Contracts in Dubai, UAE

Federal Law No. 8 of 1980 regulates the employment law and the documents required in the law. However, several amendments have been presented for it, and still, it provides several labour conditions to be followed by all companies and business owners. Here is everything to know about employment contracts in Dubai, UAE.

New Implementation in the Law

The two- and three-year restrictions on fixed-term employment contracts in the private sector will be lifted according to new directions that the UAE government released in October 2022.

The Ministry of Human Resources and Emiratization (MOHRE) announced modifications to the decree law on the Regulation of Employment Relationships as part of an update to new labour regulations that went into effect in February.

The UAE ministry said employment contracts are essential under the new amendments since they define the term. However, no time is associated with the duration of the employment contracts being made. However, it is essential to note that the employment contract must be fully synchronized with an employee’s visa status, and the employer will administer that.

Types of Employment Contracts in Dubai

While we talk about UAE, there are two types of employment contracts. Here are the two types;

  • The limited-term employment contract
  • The unlimited-term employment contract

The main distinction between these contracts is the time or duration, which is determined by the fixed term for contracts. However, when a company hires a foreign employee, the company needs to obtain approval from the Ministry of Human Resources and Emiratization.

Based on this approval, the company can sponsor their employees for work visas and work in Dubai or other Emirates of the UAE. Moreover, if any foreign employee has made an employment agreement with a company in a free zone, the free zone authorities will directly sponsor their employee.

i) Limited-Term Employment Contracts
A fixed-term contract with a restricted period is typically correlated with the length of the UAE resident visa. Unless one party terminates it early or both parties agree to a renewal, it will automatically expire at the end of the term. Here are some factors to know about limited-term contracts;

  • In limited-term contracts, employers will engage the employees for specific projects known in advance.

  • These contracts have no notice provision and expire at the end of the term or on the date specified in the contract.

  • The renewal of this contract is done with the consent of both parties.

ii) Unlimited Term Contracts
According to UAE Labor Law, an unlimited-duration contract is unrestricted and may be cancelled for several reasons. Here are some factors to know;

  • It is a more flexible term contract.
  • It benefits the employees planning to take permanent work status and not just project-based work.

This contract term ends with a valid reason on a notice period of 30 calendar days.

How Can a Professional Lawyer Help You?

An employment contract lawyer is a legal advisor who assists with preparing, examining, or negotiating an employment contract. You may have to sign an employment contract when you accept a new job offer, and although it might only sometimes be required, many businesses demand the agreements.

MAAF Legal, on the best legal consultancy firms in Dubai, brings to you the most professional, qualified, and experienced advocates and lawyers who hold proven expertise in commercial law practices and drafting employment contracts and other documents.

What We Cover

  • Corporate & Commercial
  • Dispute Resolution
  • Finance & Investment
  • Insurance
  • Arbitration
  • Litigation

Mai Alfalasi

Advocates & Legal Consultancy

1203, Green Tower
Baniyas Street, Deira
Dubai, United Arab Emirates

Phone. +971 4 223 0666
Whatsapp. +971 50 208 9986
Email. info@maaflegal.ae

Office Hours
9.00am to 6.00pm (GST)
Monday to Friday

5 Things to Know About Novation Agreement in Dubai

A novation agreement is a deal in which one party’s contractual duties have been transferred or substituted with another party. All the parties included in the agreement must approve of transferring responsibilities to a new one. For this, the parties need to have a legal consultant Dubai from Mai Alfalasi, on the best law firms in Dubai, to ensure 100% abidance to the law and regulations.

Upon the agreement from all the parties, a novation agreement has been created to which all the parties must put their signs, hence authenticating the value of a contract.

In some cases, it is also understood that a novation agreement is a document that is a new agreement for replacing the older one. While following the process for the novation agreement, the original parties from the agreement have to give up on some of the authorities and rights of their agreement to the new one. This is where cutting off on the rights of the previously made agreement has been made for the new one to go in place for the older one.

Hence, in the novation agreement, a third party can replace one of those parties after reading the contract rights. In addition, all the parties in the agreement must put their signature and agree to transfer the agreement of novation to the new party.

Following the initial parts of this agreement, a bank transfer is required for all the duties and rights of the previous parties to a new and third party. This may include mergers, sales reports, business sales processes, acquisitions details and information, and the in-depth details of the novation agreement. During this transfer, some parties will play important roles in elevating the game and bringing the situation to complete control. This includes the counterparty, transferor and also the transferee.

Understanding the Novation Agreement

Here are a few pointers that will help you understand novation agreement in detail;

  • A novation agreement replaces the previously existing document concerning the rights and authorities of the previous parties. It includes and has been presented for the new party now in command or may have a fair share of play in the role.
  • While developing a novation agreement, many parties agree to terminate or discard the previously existing contract and replace it with a new contract in place.
  • A novation agreement has been made when a third party takes over the rights and role of an original party that existed before.
  • A new third party assumes the original contract’s details, including the rights and duties.
  • This leads to the transference of the rights and duties to a new party.
  • However, a novation agreement certainly requires transferring the rights to the new party, and all the parties must agree and put their signature on it.

How Does Novation Work?

While the novation agreement is a document in which the chosen third party replaces the rights and authorities of the original owning party. All the rights have been transferred to the new third party that comes in through a novation agreement by the official agreement made by the original party.

So, a novation agreement is not the complete transference of property or a company but for a necessary situation where the original agreement becomes extremely difficult to apply and deal with. The duties of the original party remain in place, and only some assignments or tasks have to be managed by the newly authorized party coming into power. Hence, the new third party in power or place will now give the liabilities and advantages.

The Operation of Novation Agreement

Moving onto the next part, when a novation agreement comes into action, all the obligations and responsibilities have been removed from the parties initially engaged in the process. However, it is important to note that the new party will not be liable to hold the original party’s obligations that may arise from the contract.

In this case, if a scam happens or any damage occurs, the original parties will have to refund each other. However, the new third party in power will be responsible for paying any damage to the original party’s ownership or action.

Why Do You Need Professional Legal Assistance?

A Novation agreement is a legal document that replaces and transfers the duties or rights of the original parties onto a new one that is now in power and will take over. Considering that this will be mutual consent between the parties, acquiring services of professional legal advocates who will determine the contract and ensure that there isn’t anything missed which can be breached in the original contract.

The services of a professional lawyer will ensure that the new contract must be enforceable according to the law of the UAE and remain valid until the agreed period.

Furthermore, it is also important to note that there are risks of consequences in a novation agreement, i.e., from an increased likelihood of substitution of specified materials, the durability of the contracts remains in silver clouds sometimes. And for this, you will need a professional advocate who will look into all the matters and ensure the contract’s terms are in favour of all the parties.

UAE’s Judgement on Novation Agreement

According to the Court of Cassation, the parties will be investigated that are engaged in the novation agreement. During this investigation, an objective is used to determine the intents of the parties in this novation agreement. Having said this, here are some of the facts of the case;

  • A defendant corporation will receive a claim from the bank in the UAE.
  • The original parties or owners will have to protect the facilities further needed.
  • According to Article 1078 of the Civil Transactions Law, the creditor can demand the debt from the obligor or provide security in their capacity.
  • Another is that the assets that were in the favor of the security banks will be safely issued.

What We Cover

  • Corporate & Commercial
  • Dispute Resolution
  • Finance & Investment
  • Insurance
  • Arbitration
  • Litigation

Mai Alfalasi

Advocates & Legal Consultancy

1203, Green Tower
Baniyas Street, Deira
Dubai, United Arab Emirates

Phone. +971 4 223 0666
Whatsapp. +971 50 208 9986
Email. info@maaflegal.ae

Office Hours
9.00am to 6.00pm (GST)
Monday to Friday

5 Reasons You Need A Lawyer For Insurance Claim In Dubai

5 reasons to hire insurance claim lawyers in Dubai

One takes insurance for many reasons. And the primary reason for taking insurance is to be aware of the fact that if an unprecedented situation arises, you will be able to get a claim for it. This is why we have taken an insurance package in the first place. Right? But many experiences unfulfilling promises from insurance companies and brokers.

This is where hiring a lawyer for an insurance claim becomes paramount. The need for a legal advocate becomes vital when you cannot reach an agreement with your insurance company, or the insurer seems to be delaying the claim process on purpose. However, there are also other circumstances where you could hire a lawyer, including complex cases where the cause or party at blame is ambiguous or for significant damages where the expense of hiring a lawyer might be justified to maximize your settlement when contractual disputes arise with insurance companies.

When Do You Need a Lawyer for Insurance Claim?

Hiring a lawyer for an insurance claim has become a viable process for many reasons. Here are some of the reasons to do so;

  • The first important reason to hire best lawyers in Dubai for getting your insurance claim is when you have a complicated case and you think that your advocate will be able to present your case in a way that you can get more dirhams in your pocket while being wholly justified.
  • Another need to hire an advocate for an insurance claim is when you plan on picking arbitrage as a model.
  • If you want total compensation for your asset with an insurance claim, you will need the best lawyers in Dubai to take care of the process. But at this point, you should also understand that you will have to agree to a contingency fee agreement so that the lawyer knows he receives a percentage of your insurance payout if they win your case in court or even settle it out of the court.
  • Another significant moment when you should hire a lawyer for an insurance claim is when you know that there is a huge claim amount to be recovered from the insurance company.
  • Having advocates and legal consultants in Dubai by your side also ensures that you are legally binding to all the requisites and not violating any terms or conditions.

5 Reasons to Hire a Lawyer for Getting Smooth Insurance Claims in the UAE

Dealing with insurance companies is a difficult task. Insurance attorneys are experienced and qualified and can negotiate and persuade you to settle for a lower amount. This is where UAE insurance attorneys can come to your rescue. Insurance attorneys working in the UAE have experience dealing with insurance companies, and they understand the true value of your claim and make sure you get it. The benefits of hiring an insurance company lawyer are:

1.     They Use Strong Negotiation Skills

Mastering the art of negotiation is a strong skill that will prove to be excellent for dealing with insurance companies. So if you are in the UAE and dealing with an insurance claim, getting a lawyer with your onboard is essential because they will use their exceptional negotiating skills with the insurance companies to get your claim served without any hassle. Moreover, using their strong negotiation skills, they will ensure that you get the maximum compensation possible.  

2.     They Have a Profound Understanding of Policies

When purchasing an insurance policy, the majority of individuals don’t read the policy and understand the terms and conditions involved. There is a statute of limitations for filing a claim under any insurance. Most often, people are unaware of it and fail to submit a claim in a timely manner. A knowledgeable insurance counsel is aware of all the rules and laws to obtain the compensation you are entitled to. They are also aware of the strategies employed by insurance providers to contest claims. Hence, insurance attorneys will see to it that the claimants’ rights are upheld.

3.     Investigative Skills are Utilized

Insurance lawyers have a profound and far-fetched experienced dealing with different investigative teams, including the surveyors will be a value-added advantage to you. The investigators themselves are highly trained, and upon combining their knowledge and skills with lawyers, getting the claimed figure for your business will become possible in an excellent manner. This is how they can bring their expertized resolution-solving abilities to the table.

4.     Excellent Expertise in Resolving Disputes

Lawyers have years of expertise and training to resolve disputes utilizing the legal channels and their skills. As a client, you are certain to get into a dispute with the insurance company, and this might further escalate the case in a wrong manner. And hence, you will need to know that in such scenarios, getting to deal with insurance lawyers will bring exceptional dispute resolution skills to the table to make the case favorable for you. Moreover, as they are highly experienced in dealing with and making the case solved through arbitration, there are bright chances that you will get a fair settlement deal for your business.

5.     Use Litigation as a Key

Another reason to get your deal escalated with insurance claim lawyers in the UAE is because of their ability to lead your case through litigation. They will represent you in the courts of the United Arab Emirates using their litigation skillset. This may require a few insurance trials, but in the end, they contribute to a defensive strategy. In addition to this, insurance claim lawyers also apply their analytical expertise to defend your case.

What We Cover

  • Corporate & Commercial
  • Dispute Resolution
  • Finance & Investment
  • Insurance
  • Arbitration
  • Litigation

Mai Alfalasi

Advocates & Legal Consultancy

1203, Green Tower
Baniyas Street, Deira
Dubai, United Arab Emirates

Phone. +971 4 223 0666
Whatsapp. +971 50 208 9986
Email. info@maaflegal.ae

Office Hours
9.00am to 6.00pm (GST)
Monday to Friday