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
9.00am to 6.00pm (GST)
Monday to Friday

Checklist for First-Time Homebuyers in Dubai

Buying a home for the first time gives a different and unique feeling. All the excitement, nervousness, and anxiousness are running down the spine at the same time. Thoughts of getting the perfect property, negotiating the price, and the worries of doing the paperwork become a big deal for a first-time buyer.

Despite the anxiety and edginess, the joy of owning your new home is incomparable and indescribable. The thrill of finally settling down into your own house is hard to compare. But despite the happiness, excitement, and worries, there are several items, steps, and methods that a new buyer should be acquainted with as they get started searching for a home to avoid any large pitfalls or mistakes. Therefore, it is paramount for every new buyer to learn how to buy a new house, read some simple guides, take professional advice, and double-check decisions as suggested by the top-notch advocates in Dubai to move forward.

It is pivotal to read and learn from different resources while condensing down to some inevitable points that become your checklist for buying a property in Dubai for the first time.

1. Visit Different Properties or Locations

Many people don’t consider it important, but visiting different locations and witnessing different properties gives you the perfect idea of your ideal property or whether or not you are connecting yourself with the house.

The first is to check or make up your mind about the different types of properties in Dubai. For instance, Commonhold, Freehold, or Usufruct. Learning about these different property types will easily help you understand your requirements and will also acquaint you with different market conditions. Here is a little sneak peek of what these 3 property types are;

  • In Freehold areas, there are some restrictions that you or your legal advisor in Dubai will have to look out for. Renting or selling out your property has its own set of requirements that may or might change your preference.
  • Investing in real estate properties is great. And the excitement grows immensely upon returning that the commonhold areas are lands or properties that are owned by anyone falling under the inheritance laws.
  • The next is the Usufruct category which has a set pattern of 20 good a policeman, it wouldn’t be more. These are mainly the particular requirements, such as a lease term of at least 99 years and 50 years if you violate the commercial purposes.

2. Undermining Mortgage Options

Another thing to focus critically on is the mortgage options. This is an option that gives flexibility in terms of financial assistance while ensuring the ownership of your house too.

As for the mortgage options in the UAE, a mortgage plan is considerably the most secure and credible form of ensuring ownership and payment convenience at the same time. So, considering several options to gauge what’s best for you is critically important. However, there are some important factors that you must know beforehand in order to proceed with it;

  • The first is to understand the interest rate as the banks in the UAE offers different interest rates on different mortgage plans. Therefore, it is critically essential to purchase a property from understanding the fixed-rate mortgage options to considering the others variables or the ones that meet your requirements.
  • The mortgage options for expats are different than usual. You must know that interest rates are higher for expats and usually range from 3.5% to 5%.
  • The next condition to bear important in mind is the loan tenure. This will help you understand the requirement and then the execution of the process.
  • As per the mortgage extension options, the standard extensions for a long-term phase usually go up to 25 years in total.
  • Another factor is that several banks offer fewer tenures considering their own preferred plans for mortgaging.

3. Involve a Legal Consultant

Involving legal consultancy is also a critical factor that must become worthy of your consideration. Their involvement will ensure that you are compliant with all the legal requirements of your home buying process and don’t violate any critical legal obligation;

  • A legal consultant will certainly help you negotiate with different real estate agents. They will be responsible for all the documentation and legal paperwork involved in the process.
  • They will also do the home inspection.
  • They will review disclosures and conduct necessary home inspections.

4. Preparing the Initial Deposit

Preparing the initial deposit is something that should be on your checklist, no matter what else you have prepared. This is something that will help you understand the overall cash flow needed as well as what you have in your hand. Often, this step also helps in clearing the hassles that might arrive in the later run.

Moreover, if you are short on cash, this will also help you in understanding the disturbing cash flow and wouldn’t let you make further steps if you don’t have sufficient requirements.

5. Narrow Down Your Research

Another critically important aspect is narrowing down your research. This will help you gauge all the available options and filter out the properties that aren’t suitable for your needs. So, this aspect helps individuals set and meet their requirements in terms of lifestyle, budget, future, and overall requirement analysis. In addition, you wouldn’t be picking or making choices for the houses in an abrupt manner, which can greatly impact the overall future stability of your first-time home buying process.

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

How to Sell Your House in Dubai with Renters – The Legal Solutions for Real Estate

If you have finally decided to sell your house, you might have to consider some factors related to real estate property beforehand, mainly if you are selling your property for the first time and that too with tenants in it.

If you have tenants or renters in your home, you must have second thoughts about exactly what you must do. Should you ask them to leave and look for other places before selling your place? Or should you deal with the buyer to take charge and let the tenants stay while authorizing new ownership? Or would the new landlord accept the conditions on which you have made an agreement with the renter?

Well, all this can be filled with a lot of hassles and the fear of what if you violated any legal prohibition in Dubai that could lead you to trial or penalties. But fear not, now that you have made up your mind about selling your property, it is pivotal to consider all the other factors that are super important and must be taken care of before you make a purchase of your property in Dubai.

From evaluating the tenants’ rights that have been stated, sealed, and signed in the agreement to all the laws in the Emirate of Dubai, there are a plentiful of things that you must remember before selling your property with tenants in it. This will save your honest investment in real estate too.

How You Can Sell Your Property with Tenants

Selling your house with tenants in it can become a hustling thing, and not knowing the laws that tenants can claim or even what house owners have can become big trouble. Therefore, it is pivotal for every house owner to acquaint themselves with all the dos and donts of selling your property with tenants in it. This is where Mai Alfalasi, the leading law firm in Dubai, presents the best guide for selling your property while having renters in it.

a) Find a Reliable & Credible Real Estate Agent

Before buying or selling any property or land in Dubai, UAE, it is paramount to consider if the property is registered with RERA– the Real Estate Regulatory Agency in Dubai. It is pivotal to consider real estate agents from RERA who are honest, professional, expert, and trustworthy to provide the legally-binding solutions to landlords across Dubai. Fixing a meeting with them in person will give you the perfect idea of whether you should move with them or not. Moreover, having the leading legal advisor from Mai Alfalasi would even solidify your case.

b) Simply Sell With Tenants

A lot of people don’t consider it, but instead of incentivizing or paying off extra money to your tenants, you can simply sell it happily with tenants in it. Pulling the deal off will require negotiation skills and some interpersonal skills. But one thing to do is to have a fixed-term lease of about 60 to 90 days. Still, in order to make the smooth transition, homeowners will require dialogue and create an agreement with the tenants.

And when your tenants agree to this point. You will need to make sure that the tenants cooperate while the buying parties visit the place to evaluate and inspect. Here is another thing to note. When you create an agreement with your tenants, they will get an incentive or, in some cases, a good term of security deposits.

c) You Need to Wait Until the Agreement/Lease Expires

Another option when selling your house is to simply wait until the agreement or lease of the house expires. If you have a lease or agreement running for years, you might need to look for other options. But if you have agreed with the tenants that go from month to month, it probably becomes an easier and go-to option for the homeowner.

This is a flexible and better option, but only if the agreement is near the expiry date or a month-to-month lease plan. Here you will be adequately aware of the tenant’s timeline, which will help you frame your plan.

d) You Can Make an Agreement with Your Tenant

The rules are pretty strict for both the tenants and homeowners. You can only vacate your property if your tenant breached some sort of agreement like engaging in illegal activities, damaging the property, or not paying the due rent on time. Without any violation, you simply have to wait until the lease or agreement period is served.

On the contrary, there is another option that might serve you well. Some homeowners who have plans to sell their properties add an immediate termination clause in the agreement. But if anyhow you haven’t added it, perhaps the best way is to get into communication and run the negotiation cycle. By this, I mean you can ask to terminate the agreement by offering a considering incentive to the tenants. Though it might sound a little tricky, eventually, it can get the job done.

Some Other Considerations When Selling a House with Tenants

Here are some other considerations you might need to consider before selling your house with tenants in it.

  • Having a good advocate or legal consultant in Dubai dealing with your sale or purchase matter is the best solution for you that is legally binding as well.
  • The first and foremost thing is to research and gather all the information regarding tenant rights in your city or state. This may include the time period you just need to give to vacate the place, the process of incentivizing them, or having them instructed about potential buyers' visits.
  • If you sold your home with tenants in it, don’t forget to give the details of new agreements with the new homeowner.
  • You might have to look at the other side of the image. Having tenants in a house is an excellent captivating point for potential buyers. Buyers with potential earning resources in mind wouldn't give a second thought to buying such a property that already has tenants in it.

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 Facts To Consider Before Buying Real Estate Properties in Dubai in 2022

Being the top-class legal consultants in Dubai, our firm receives several questions regarding how to buy a perfect property in Dubai. Or what should we keep in mind before making a purchase? And as always, we tend to provide the best legal services in Dubai with our far-fetched legal expertise and knowledge, and this helps our clients make wise decisions and see what’s best for them.

Although the real estate questions are primarily general, the one that keeps coming up every now and then is what we should know before buying any property?

To know the answer to this question seems problematic for people as there are always some unprecedented events that change without informing and might lead to an unsatisfactory ending. So, keeping all the things in mind, we have accumulated the top facts and ways to make the best decision before buying any property. What’s more exciting is that these facts and laws are all in compliance with the Dubai Legal Laws, and our professional advocates in Dubai recommend them to our clients.

5 Must-Know Legal Factors to Know Before Purchasing Real Estate Property in Dubai

With this being in focus, the below mentioned are the factors that you must know before purchasing or making an investment in the real estate property in Dubai. The Legal Laws highly recommend all these as per Dubai, UAE.

1. Decide Between Freehold or Leasehold

You need to think about and decide immediately if you wish to go for a freehold or a leasehold area. This decision between the two will help you better conclude on to the subsequent decisions and so on. People who are new in the United Arab Emirates and are trying to purchase a real estate property often regret without doing prior searches about the legality, etc.

The real estate market of Dubai has both freehold and leasehold areas, and it is too normal to get confused among the two. This is where our lawyers and advocates in Dubai strive to bring the best knowledge to you to help you plan your purchase.

The Freehold areas in Dubai are under the new laws decided and implemented by the Government of Dubai, making it easier for foreigners to buy properties in Dubai. On the other hand, the Leasehold areas in Dubai are the ones that no one can buy but can get a lease of that property. The lease period goes up from 10 years to 99 years in these properties.

2. UAE Citizen or Expat

The rules for buying real estate property in Dubai vary for UAE citizens and expats. One thing is certain no foreigner can get UAE citizenship by any means. This clarifies that the defined rules for UAE citizens and expats would always vary and remain different. Here are the prescribed rules for locals and expats for real estate properties in Dubai;

  • As for the local Emirates, buying property anywhere in Dubai is free from all sorts of limitations. Be it for freehold or leasehold areas – there are no restrictions at all.
  • On the other hand, the expats have to carefully learn about the listed properties in certain communities that are freehold, and any foreigner can buy those. Moreover, they can also lease a property for up to 99 years in a leasehold. But the ownership of the property will unarguably be of the landlord even after a time of 99 years.

As a local Emirate or an expat, if you’re willing to buy a real estate property in Dubai, knowing the legal laws and regulations becomes strictly significant. However, the top lawyers in Dubai at Mai Alfalasi help you out in this process to make your purchase and time worthwhile and legally binding in Dubai, UAE.

3. Purpose of Purchasing a Property

Another matter of extreme importance is to define the sole purpose of buying a real estate property in Dubai. This is what helps you out in shortlisting the best and right property for you. Now the intentions behind buying a property in Dubai vary from personal use to specific investment plans in mind. Here are some key points to know and think about;

  • Now, if you’re buying a property for your personal use, Dubai offers tens of hundreds of choices to choose from and get yourself a property that you might have desired for a long time. The shift has greatly fallen on buying a property instead of renting one in recent years. So, if you want to buy a property for your personal use, make sure you have a checklist prepared for yourself. This reflects your preferences, budget, neighborhood, etc.
  • On the other hand, if you are an investor and trying to buy a property with an investment-focused plan, Dubai offers tons of homes according to your preferences.

4. Neighborhood Expectations

Neighborhood expectations are another important factor in checking and evaluating your property in Dubai. For personal use and investment purposes, you must meet the expectations that help you assess your property and expectations from that property.

This is a major thing that most people don’t prioritize at first and regret later because of not finding an ideal property for them. Now the neighborhood has a lot of expectations regarding the place, from picking a place with less population to location, public transportation facilities to family-friendly areas, etc. Your property find must depend on a variety of factors, and this is what defines it perfectly.

5. Seek Legal Expert Advice

Buying a real estate property is nothing less than investing thousands and hundreds of dirhams. This amount can be your life savings, and investing them in the right, and legal way is what you should move with.

So, seeking legal and professional advice and expertise from the industry experts like Mai Alfalasi, the top-class Dubai advocates and legal consultants, will ensure that your investment is secure and done in a worthy place. Our legal advocates in Dubai, UAE, ensure that the process is smooth, transparent, and safe for both buyers and sellers.

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