Dubai Debt Collection Service | Debt Collection Lawyers

The debt system dates back to the barter system wherein goods were exchanged for goods till it was replaced by currency. Debt collection is the process of collecting overdue debts owed by the individuals as well as by the companies who have incurred debts. As per the UAE law limitation for filing a legal action for debt recovery is between 2-10 years.

What is the debt collection procedure in Dubai?

Extra-Judicial Process To Recover Debts

UAE debt collection lawyers assists in collecting the debts outside the court. This collection service collects all the information about the debtor and then contact the debtor on behalf of the lender in a very professional manner to remind the debtor about his unpaid debt. This is done mainly via telephone or email. This way they inform and educate the debtor about possible legal consequences of non-payment of debts.

If amicable settlement can’t be reached between the parties, a petition can be filed with Dubai Court. As a first step the Dubai Court will notify the debtor through a registered demand letter which requires him to pay the amount and the late fees within fifteen days. If the debtor does not pay the debt the lawyer will prepare the documents, court memos to be filed before the civil court along with the supportive documents, emails and correspondence that prove creditor is entitled for the outstanding amount. The lawyer will then pursue the hearings and will execute the judgement.

Court Procedure To Recover Debts

When the extra-judicial method to recover debts fails then the only option is to resort to court intervention. To protect the Emiratis and residents who are facing financial troubles to restructure their debt with the possibility of receiving “new concessional loans” Law No. 19 of 2019 was passed. This law gives two options to resolve financial bankruptcy:

Financial Obligations Settlement

The court shall appoint one or more specialists to help the debtor throughout the process and design a settlement plan for the financial obligations based on circumstances. Once this is done, creditor will vote and it will be implemented. The court has the authority to terminate it if:
The debtor abstains from or intentionally damages or conceals some of their possessions, or if the debtor makes false assertions, or if the debts are not paid for one or more than forty consecutive days after maturity. In such case the debtor may file for bankruptcy.

Insolvency and financial liquidation

The second method to recover debts is to liquidate assets and money to repay the debts. This is done when the debtor can’t pay the amount for more than fifty consecutive working days. When the debtor elect’s liquidation, the court appoints a trustee to assist and supervise the liquidation of the debtors’ finances and assets. This is done according to Article 8 of the new debt legislation. Creditors may also seek the liquidation of a debtor’s money in some situations provide liquidation sum does not exceed 200k. So, basically the law provides for two things—It provides a plan for the settlement of the debts and liquidation of the assets in case the debtor fails to pay the debt.

What is sale of debts?

Debt collection might involve sale of a specific share of debt to another company called as debt buyer. Such companies buy debts for a certain percentage of the debt value and pursue the debtor for full balance. In this case the creditor receives direct revenues but cannot recover full amount because of a percentage shared with the company for share of debt.

What is the procedure for bankruptcy of companies?

When a company no longer pays its debts, it can get a fresh start by liquidating its assets to pay their debts or by creating a repayment plan, bankruptcy laws protect those businesses which are troubled financially and fails pay its debts. The UAE Bankruptcy Law No. 9 of 2016 as amended by Law No 23 of 2019 governs bankruptcy on the federal and local level of UAE and is overseen by Ministry of Finance. It does not apply to DIFC and ADGM and individual merchants. Bankruptcy law provides various different options in order to avoid full bankruptcy. The Bankruptcy Law says following procedure must be adopted in case of bankruptcy o companies:

Preventive Composition

The first step in case of bankruptcy of companies is to give the breathing space to it to reach to any settlement with its creditors when it is in its early stage of financial distress. This option is available when the debtor has not defaulted for more than thirty working days with respect to debts owe to the creditor. Only a debtor can make an application to the court for preventive composition. If the application is accepted, a composition trustee will be appointed by the courts to reschedule the debtors debts and enter into a settlement plan with the debtor’s creditors known as the Preventive Composition Plan. The creditors must vote to approve this plan and this plan must not take more than three years from its implementation. And if this plan is approved by the court and the creditors the trustee will supervise the plan throughout its implementation.

Restructuring Process

When a bankruptcy application is given to the court by an insolvent debtor or by the creditor where the unpaid debt is more than 100,000 AED and has been overdue for thirty days despite a legal notice, process of restructuring starts. Court will appoint a bankruptcy trustee and while preparing the report about the debtors business, it will check if restructure of debtors business is possible. This restructure process will not take more than five years. Once restructure process is approved any civil/criminal proceeding against the debtor is suspended.

Bankruptcy

If the court nullifies the preventive composition or restructuring plan the court will go ahead with formal bankruptcy procedure of the debtor. The court can entitle the debtor to continue his business till formal bankruptcy is declared. In order to recover money, the trustee under the supervision of the courts will start selling the assets of the business to liquidate its assets.

What are the effects of bankruptcy?

When a debtor is declared bankrupt selling of his assets to recover the money shall be done and certain debts and expenses shall have priority. Merchant/ Owner of the business will be prevented from being directly involved in the managing of the business and from applying any further debts. All court proceedings will be suspended including execution proceedings except for those debts which are considered preferential debts. The transactions of the debtor prior to bankruptcy up to two years shall be nullified, set aside and reversed. The people involved in management of the debtor will not have any rights or power to be part of any managerial or board position for five years after the bankruptcy procedure is over.

Even after the procedure of bankruptcy is over and liquidation of debtor’s assets, every creditor whose debt was accepted but not repaid in full may execute against the debtors’ assets to recover the outstanding amount.

How much does the debt collection service charge?

Debt collection in Dubai vary greatly in how they charge for the services. Usually, they take percentage of the actual debt after collection. So, the average charges are:
Commission Fee: 25% to 50% of debt owed
Admission Fee: 5% to 10% of debt
Other (Risk, Litigation) Additional 15% to 20% of debt owed

How to proceed for debt collection in case of oral agreement?

In a situation no agreement exists between the debtor and the creditor, it is sufficient for the creditor to have invoice and their acknowledgement as a sufficient proof for debt collection.

In conclusion, the Emiratis and Expatriates who are unable to pay their credit card debts or outstanding debts cannot be imprisoned now, the new insolvency law says that they can work to pay off their debts with the help of UAE government. This is a big step considering most of the Expatriates live in Dubai on credit because of high cost of living.

 

 

Family Law In The United Arab Emirates

Family Law in UAE is governed by Shariah Law which basically covers everything from marriage, divorce to succession. The commentary of these personal laws is based on the Imam Maliki school of thought. The relevant laws with respect to family law are Federal Law No 28 of 2005 also known as Personal Status Law, Federal Law No 5 of 1985 known as Civil Transaction Law and Federal Law No 11 of 1992 known as the Civil Procedure Code. The Sharia-based Personal Status Law applies to all including non-Emiratis, unless they choose their own home country’s law (Article 1, Personal Status Law). If a foreign national wishes to apply their country’s law they must provide the laws attested and translated into Arabic for use in the Courts. If a marriage is between two foreigners or between a foreigner or a national it will be valid if it was in accordance with the conditions of each State where it concluded. Law of the State of the husband upon the conclusion of the marriage shall govern personal and financial impacts set up by the contract of marriage. In matters of separation or divorce in the UAE it shall be governed by the law of the State of the husband. If marriage is between a national of the UAE and a foreigner, law of the UAE shall apply except for condition of capacity for marriage.

Is Co habitation legal in UAE?

Before 2021 co habitation was a crime in the UAE and would attract Penal code however after the recent amendment in Federal Decree No 31 of 2021 on the Issuance of Crime and Penalties Law it is not a crime anymore.

How is marriage under Shariah law solemnized?

Under the Federal Law No. 28 of 2005 on Personal Status, marriage is considered to be a legal contract between a man and woman which aims to protect and form a steady family. Under the Shariah Law with respect to marriage there are two contracting parties: the husband and the tutor. The Tutor shall proceed with the marriage after taking the consent from the woman. The majority age for the parties is fixed at eighteen years, however if the spouse’s age is twice the other, the judge’s approval is sought.

Marriage contract needs to be registered in a Sharia court. A premarital screening certificate is needed. Islamic marriages are conducted by UAE Judicial departments and Sharia courts or through the services of authorized marriage officers (Mazoons) in each Emirate.

Contract is invalid in absence of a tutor. The offer and the acceptance must clearly have the word marriage and must be fulfilled immediately and shall not refer to a future time. Due to kinship a person is prohibited to marry his ascendant to highest degree, descendant to the remotest degree, first category of the descendants of one of the grandparents, descendants of the two parents or one of them to the remotest degree.

A marriage contract shall be valid only if there were two male male witnesses present of sound mind and full capacity and must be Muslim.

The husband must offer dowry in money or property for the purpose of marriage. There is no minimum limit fixed for dowry however maximum limit is fixed under Federal Law No. 21 of 1997 on Fixing the Dowry which says that Islamic Dowry may not exceed AED 20,000 and deferred dowry may not exceed 30,000 AED. It is the property of the bride so she can dispose of it. It may be whole or in part. It is by virtue of a valid contract and becomes certain by consummation of marriage.

Rights Of Wife Towards Husband

The wife has the rights of Alimony, non-obstruction to complete education, non-interference with the personal matters, non-infliction of bodily or moral prejudice to her, non-opposition to visit her ascendants, equitable treatment between other wives.

Rights Of Husband Towards His Wife

The husband has a right towards his wife that she must supervise the house. preserve the assets and a right of suckling of his children.

What is Interfaith marriage?

Interfaith marriage is when people of different faiths are united in matrimony. A Muslim man is permitted to marry a non-Muslim woman as long as she is “Ahl-e-Kitab” or “Of the Book” and follows the Abrahamic religion that is Christianity and Judaism. If the woman is not “of the book” she must revert to Islam for marriage. However, a non-Muslim man can’t marry a Muslim woman unless he embraces Islam.

What is Civil Marriage under Abu Dhabi Law?

According to Federal Law No 14 of 2021 on Personal Status for Non-Muslims Foreigners, a family court has been established for non-Muslims in Abu Dhabi. As per the Abu Dhabi Judicial Department, “Civil marriage is the lawful union of a non-Muslim man and woman and it is solemnized as a civil contract without religious ceremony”. This law allows the foreigners, non-Muslims, visitors and nationals of Abu Dhabi to conduct marriage. This Civil marriage no longer requires a religious ceremony or the approval of the guardian. A judge or the Notary approves the marriage and issues a digital certificate. The conditions necessary for this is that no party should be less than eighteen years of age, both the parties shall explicitly give their consent and both shall sign the declaration form.

The documents required for this purpose are:

• Complete and signed marriage form.
• Copy of passport or Emirates I.D.
• If previously married, proof that marriage has been dissolved.
• In case of death of spouse, copy of death certificate.
• If divorced, a copy of divorce certificate.
• If previous marriage was declared null, a copy of the court order.

Usually if the application is approved it takes around five working days to get the certificate and the fees for this application is 500 AED.

For the purpose of divorce, it is sufficient that one spouse declares before the court his willingness for separation and ending the marital relationship without the need to justify this application or demonstrate any damage or to blame the other party. After the divorce, the wife may submit an application to the court requesting alimony from the former husband. The Judge will decide financial support keeping in mind the following: years of marriage, age of wife, the economic status, the extent to which the husband contributes, whether or not to take care of children.

The custody of the children is joint and equal right for both parents upon divorce. If any one of them gives in writing to the court to waive the right to custody, the court will check the circumstances and decide accordingly.

Foreign testator has the right to leave a will to whomever he deems adequate. In case of absence of will, half of the inheritance shall be entitled to husband or wife and the other half shall be equally distributed among the children with no difference between males and females. In case of absence of children, it will go to the parents.

What about marriage of non-Muslims in UAE?

Non-Muslim wedding in UAE is recognized if they occur at places of worship such as churches, Hindu temples, or Sikh Gurdwara. Furthermore, non-Muslim interfaith weddings are typically conducted in the embassy or consulate of the bridegroom or the groom. Personal Status Court of Dubai performs marriages between people who are Muslim by faith.

What is the divorce procedure?

Divorce is the dissolution of marriage contract in a prescribed form. It can be verbal as well as in writing. However, verbal divorce must be proven in court through witnesses or by oath or by a court judgement. In UAE there is no such thing as Judicial Separation, the only separation is by court. The process for divorce starts when one party asserts their decision to part ways. Article 98 of the Personal Status Law says a conciliatory procedure is mandatory in divorce proceeding since the Quran promotes reconciliation through negotiation settlements between spouses. Thus, the Quran treats divorce as something permitted but not laudable. If both the parties agree and a settlement agreement is drafted, divorce is concluded amicably but if parties fail to reach to an agreement before the conciliator, then court proceedings can initiate. Foreign Law can’t be applied if it is contrary to public order, its effects can’t be determined, if the applicant claims to have dual nationality or whose nationality is not known. ( Article 27 and 28 of Civil Procedure Code)

Grounds of divorce

Under Shariah law divorce can be claimed on the grounds of physical and mental issues like impotency, vaginal occlusion, failure to pay dowry promptly, prejudice and dissension, non-maintenance, absence and loss, detention (Jail Term)

Ila`a

Where the husband swears not have sexual intercourse with his wife for a period of four months or more unless he goes back to his oath before such period, in such case divorce is irrevocable.

Zihar

Where the husband compares his wife’s body to that of another woman who is forbidden to marry (example mother or sister)

Article 110 to 135 of Personal Status law talks about divorce. A woman can apply for divorce but she must demonstrate that she has been harmed. Harm in this context would mean husband’s failure to maintain his wife, home and children or if he is violent. The recent amendments gives the court right to reject such application for divorce which means the right of woman to seek divorce has been restricted.

As for a man the position is different. He need not any ground or consent of his wife to divorce but scholars say that there should be a reasonable ground for such a decision.

The court can nullify a marriage contract if it conflicts with the Shariah Law or public policy. It may be nullified in the following cases:

If marriage takes place in absence of wife’s guardian (Art 39 of Personal Status Law) or if a woman is provisionally or permanently prohibited to the man. In such cases if the Court nullifies the marriage contract, the parties return to their previous status. However, if the court so wishes it can correct the nullity at its own discretion.

What are the types of Divorce in Shariah Law?

Under Shariah Law divorce is known as Talaq -e- Hasan as mentioned under Surah Talaq of the Quran and approved by all schools of Muslim law. If a husband pronounces divorce to his wife and takes her back within three months (Iddat period) marriage remains intact. Also, resumption of sexual relations automatically retracts the divorce. If he pronounces divorce to his wife second time he can still revoke the divorce and take her back during the waiting period. However, if the husband pronounces the divorce third time, the divorce becomes final and irrevocable.

Maintenance (Nafaqa)

Before the divorce is finalized a judge orders maintenance on a temporary basis. Usually, the courts order minimal maintenance for wife and children. However, on the request of the wife, the judge can use his discretionary power and order greater amount. Generally the courts award up to 30% of the fathers income. Child support includes food, education, extra-curricular activities, medical expenses. The objective of this child care is to minimize the disruption in the child’s life. A father must support his children and provide a standard of living similar to what he experienced during the marriage.

Who gets the custody of children?

Child Custody under the Islamic Law indicates that parents do not share equal parental responsibility for their children but provides for different role of father and the mother. The mother has a role of a custodian (Hadana) who takes care of the child, responsible for day to day needs as well as physical aspect of the child. The father on the other side has a role of the guardian or the wilaya. Guardians are considered providers of the financial and substantial needs of the child. Incase of termination of marriage, when deciding on custody the concern of the judge is the best interests of the child. This is as per Article 144-145 of the Personal Status Law. Article 155 says that the judge should choose the most suitable custodian for the child. And custody awarded to a woman ends when a male child reaches 11 years of age and female child 13 years of age and goes to the father since he is financially responsible for his children. If a father does not request custody of the child within six months after the child has reached legal age (11 for boy and 13 for girl) he waives his right.

What are the Visitation rights?

According to Article 154 of the Personal Status Law, only parents have visitation rights. However in case a parent is deceased or absent, visitation rights will be given to first line relatives. Also access to the children for the non-custodian parent is guaranteed under the Personal States Law. The mother cannot relocate the child if it causes hardships to the father for visiting the child, hence the visitation rights of the father are protected.

To conclude UAE has emerged as the most tolerant State in the past few years welcoming people of different faiths and nationalities without any bias and gives many options to the expatriates for marriage based on their religion and nationality.

For further questions and in-depth discussion about your legal needs, please feel free to Contact Us at your most convenient time.

 

 

 

 

 

 

FinTech in the United Arab Emirates

Technology has made tremendous strides in recent years, particularly with the advent of “artificial intelligence” (AI), which enabled machines to mimic and outperform human abilities. As a result, there has been a notable rise in the use of technology in the services that companies offer to their clients. Any and all technologies that automate financial trading for the advantage of companies and customers are referred to as “Fintech” or “financial technology” and aim to displace more conventional forms of finance. It encompasses everything, from a straightforward smartphone app used for online payments to anything complicated, like blockchain technology, where all transactions are completely protected. This technology makes judgments automatically using robotic process automation (RPA) and algorithms. artificial intelligence and other scientific technology such as artificial intelligence (AI) and machine learning (ML), which use iterative processing and allow the software to learn from repeated patterns in the data, is used to arrive at a decision. This would include online trading platforms, robo-advisers, crowdfunding platforms, online banking of any kind, cryptocurrency, and insurance advice using technology.

What Does FinTech Offer In The UAE?

With the launch of “Fin Tech Strategy 2021” in 2016 and the UAE Vision 2022, which aims to transform the country into a leader in fintech, more than 134 fintech companies are offering their services in the UAE right now.

BNPL (Buy Now, Pay Later)

Founded by Tariq Sheikh and Dani Molina, BNPL, or buy now and pay later, has become the latest retail trend amongst the millennial and Gen Z generations. Customers can use this service to buy items online and pay for them in equal installments later. In some cases, the website allows the customers to simply checkout and pay later, and in other cases, the customer has to pay a certain amount before checking out. This makes payment easy, as it allows the customers to split their bills and pay in installments with zero interest. As of now, there are no clear guidelines for the regulation of BNPL in Dubai. But since it is a sort of credit, it can be assumed that it is covered under the existing credit laws.

Digital Wallets (E-Wallets)

It is a contactless mobile payment, representing a shift from the traditional use of credit cards and debit cards at the time of payment. The details of the customer are stored in the e-wallet, so one does not need to physically carry any cards with them. This is also a safe option since it cannot be lost or stolen by chance. Since COVID 19 acted as a catalyst for contactless payment, more than half of Dubai residents now use e-wallets.

Crowdfunding

It is an alternative finance method that allows a person to fund a project and raise small amounts of capital from a large group of people through an online licensed platform. This is the best option for small and medium businesses, which are in dire need of funds in order to support their ideas and innovations and help them grow into businesses. This is legal now in the UAE, as the UAE Cabinet, in March 2022, approved private and public funding to finance new projects. DubaiNEXT, for example, is a government-backed digital crowdfunding platform that provides innovators with a platform to raise money, and the campaigner in this case will get full ownership of his project.

Cryptocurrency

Crypto is a digital currency in encrypted form created using encryption algorithms that is monitored and organized by a peer-to-peer network called the blockchain, which acts like a ledger of transactions. Unlike the normal currency, which is controlled by a central bank, cryptographic trading usually remains anonymous and is not regulated by any monetary authority. Bitcoin remains one of the most popular cryptocurrencies, for which the blockchain technology was basically created. The UAE Central Bank does not recognize cryptocurrency as legal tender, but it is not illegal in the UAE. For the purpose of regulation and licensing in the Emirate, Law No. 4 on Regulation of Virtual Assets (VAL), also known as the Virtual Assets Law, was passed.

Blockchain Technology

Blockchain is a shared real-time ledger for recording the history of transactions, contracts, and physical assets. It is not one person but a chain, and everyone in the chain can see the details of each record, known as the block. And every block is encrypted and stamped; only the person who owns it can edit it. Owners gain access to their block through a private key that only they possess. If changes are made in one block, everyone’s blockchain is updated and synced in real time. Transactions processed over the blockchain can be done within seconds. It can also protect copyrights and royalties and people’s digital identities. The government of the UAE has adopted blockchain technology for conducting its transactions. Up to 50% of the government transactions so far are done by this method. For this purpose, the UAE Blockchain Strategy 2021 has been adopted by the government.

Metaverse

Metaverse became a household name after Facebook changed its name to “Meta” in October 2021. It is a virtual reality space where users can interact with a computer-based environment from the comfort of their homes in the physical world. People in the metaverse use avatars to represent themselves and communicate. It is often said that the metaverse has made human life immortal. The Dubai Metaverse Strategy aims to turn Dubai into one of the top metaverse economies in the world. For this purpose, it seeks to enhance the metaverse’s economic contributions, promote advanced ecosystems, and provide support for metaverse education. The main focus of the Dubai metaverse is on four sectors: tourism, education, government services, a virtual reality space where users can interact with a computer-based environment from the comfort of their homes in the physical world. People in the metaverse use avatars to represent themselves and communicate. It is often said that the metaverse has made human life immortal. The Dubai Metaverse Strategy aims to turn Dubai into one of the top metaverse economies in the world. For this purpose, it seeks to enhance the metaverse’s economic contributions, promote advanced ecosystems, and provide support for metaverse education. The main focus of the Dubai metaverse is on four sectors: tourism, education, government services, retail, and real estate. One of the recent examples is the Etisalat store in the Dubai Mall, where the customers would be able to access the services while sitting at home and wouldn’t need to beat the traffic to get there. A virtual space that cannot be physically accessed yet attracts people to invest in it needs proper regulations. For this purpose, the Virtual Assets Regulatory Authority (VARA) has become the first regulator aiming to provide a framework for the financial entities operating within the metaverse.

Robo Advisers

Robo Advisers is an artificial intelligence-driven financial advisor who, by analyzing the profile of the client, delivers solutions and suggests changes and amendments to the existing profile. Robo advisers make investments simple yet affordable for clients. CBD Investr, a robo-advisor, has been set up by the Commercial Bank of Dubai. They enable investors to create globally diverse portfolios. This is certainly the future of wealth management.

Sandboxes

To encourage innovation, especially in the financial sector, the “sandbox” concept allows innovators to have pilot licenses to test their products under lenient regulatory requirements. The ADGM Reg Lab introduced by FSRA provides a controlled environment for fintech participation. The Central Bank of the UAE has deployed its regulatory sandbox as one of its initiatives in the insurance sector.

FinTech Hive at DIFC

The DIFC has provided FinTech companies with a platform to bring financial and technology firms together. Firms all over the world can test, develop, and adapt their products and solutions to meet the financial and technological needs of their respective regions. It conducted its first inaugural accelerator program in 2017, and ever since then, two more successful events have taken place.

How is this fintech regulated in the UAE?

When you have a technology tsunami all over the place, it is pertinent to have checks in place to regulate and provide a proper framework within which the system must offer services to its potential customers and make it safer for the customers who are otherwise going to be the victims of such fraud and scams if it remains unregulated.

UAE Onshore

Fintech and its services are regulated by the Central Bank of the UAE with respect to banking, finance, and payment services. The Securities and Commodities Authority (SCA) regulates markets, listed companies, and securities brokers, while the Insurance Authority regulates insurance activities.

Large Value Payment System Regulation

In order to check high-priority funds transfers on behalf of the customers, the Central Bank Circular No. 9/2020 on the Large Value Payment System Regulation provides for a financial structure that supports the financial and wholesale activities. It covers the licensing requirement in relation to the LVPs. Also, it applies to those that operate in the UAE and LVPs that accept the settlement in AED both inside and outside the UAE. LVPs require a license from the Central Bank of the UAE and must comply with the Principles of Financial Market Infrastructure (PFMI).

Stored Value Facilities Regulation

Stored-Value Facilities are those where the customer pays in advance so that he can later use that payment method for any goods or services.The Stored Value Facilities Regulation was issued in September 2020, which replaced the regulatory framework for stored value and electronic payment systems and made the law more stringent.

Regulation of Security Tokens

The regulation provides for a regulatory framework for tokenization, listing, and trading of fund interests issued by a fund from the DIFC.

Regulation of cryptocurrency

For the purpose of regulating crypto currency, SCA Decision No. 23 of 2020 provides for Crypto Assets Activities Regulation (CAAR) to regulate and license key aspects of dealing in crypto assets. Two requirements have been provided for providing cryptographic services: First, the service provider must be incorporated onshore within the UAE or any of the UAE’s financial free zones. Second, he must be licensed by the SCA.

Electronic Payment Regulation 2017

This is issued by the Central Bank of the UAE and mandates that entities seeking to provide electronic payments obtain a license before dealing with payments. Two categories of payment service providers that must obtain the requisite license are those providing payment service providers (PSP) and payment system operators (PSO).

DIFC

The Dubai Financial Service Authority has not come up with any laws or regulations around crypto assets. However, the Financial Service Authority has come up with the Regulation of Digital Security Offerings and Crypto Assets 2019 to regulate cryptocurrencies.

Finally, FinTech services are making financial services more transparent, invisible, and extremely affordable. Fintech companies, however, must have a license and local presence so as to reach customers. So, this poses a serious challenge for those companies that wish to target UAE residents from outside of the UAE. Also, upgrades and evolution in the law are taking place at such a pace that companies will have to watch out for any developments and change their rules as per the new legislation.

Contact us to for more in-depth discussion about your legal concerns with Cryptocurrency.

 

 

 

 

 

 

5-Year Residence Program Has Been Launched for UAE Green Residence Visas

An Overview – UAE Green Residence Visa

To encourage talents, skilled workers, freelancers, investors, and entrepreneurs, the UAE has introduced a new 5-year residence program. Once a residence permit is canceled or expires, the system offers extended flexible grace periods of up to six months to remain in the country.

The United Arab Emirates has formalized a policy meant to give expatriates a bigger economic role in the nation by implementing legislation on foreign entrance and residence. The new entrance and residence system aims to strengthen the competitiveness and flexibility of the labor market, attract and keep qualified workers from all over the world, and foster a strong sense of stability among UAE nationals and their families.

The change is expected to draw a lot of new entrepreneurs and more employees with a variety of skill sets. It would increase the UAE’s talent pool and support the growth of several companies, in line with the Great Rulers’ objective of making the UAE a well-liked tourism destination across the world.

Capable employees can take advantage of this scheme to get a five-year residency without the involvement of a sponsor or employer. The permit is also called a “Green Residence Visa.” Our general practice lawyers will be glad to assist if you have questions.

How Does the Green Residence Visa Operate?

For those who cannot apply for residency through the typical employer or sponsor procedure, the five-year UAE Green Residence Visa is an exciting new option, as it was developed to bring competent professionals, entrepreneurs, investors, and freelancers.

Income and expertise will determine eligibility, but skilled independent contractors and entrepreneurs are likely to find this to be an interesting visa option.

Holders of these green visas will be able to extend their permissions to family members for a period of five years and maintain their residency status for a period of six months following the cancellation or expiration of their visa.

What Is The Difference Between A Work Permit And A Green Card?

Most of the time, employees who want to work in the UAE need to obtain a visa that is tied to their employer. This is known as an employment visa. Despite being the most popular, it poses issues for employees because it takes longer for them to find long-term accommodation.

Under the Green Visa scheme, foreign nationals will be able to remain in the country and find employment without a sponsoring company.

What Advantages Are There To Obtaining A Green Visa From The UAE?

Thanks to this new documentation, people from all walks of life may now live and work in the UAE. However, it also offers a few additional advantages, such as the following:

• People will be self-sufficient without needing a sponsor
• Up to the age of 25, holders may sponsor their parents and minor children.
• There is a 180-day grace period provided, so workers have more chances of getting a new job in case their present contract is terminated. They are able to remain in the country and hunt for other employment opportunities without the need for a sponsor.

For What Reason Did The UAE Government Issue This Green Visa?

The new visa program was implemented for the reasons listed below, among others:

• Bring in brilliant graduates and professional students as well as highly capable professionals.
• Restore tourism to the UAE and lessen the country’s reliance on oil.
• Expand the nation’s growth and the economy in a number of ways.

Freelancers are Eligible for a Green Card

• Under this strategy, workers are encouraged to work in a variety of ways. A sponsor or employer is not necessary for the five-year residence for independent contractors and persons who work for themselves.
• The applicant would require an approval from the Ministry of Human Resources and Emiratization to work independently.
• A bachelor’s degree or professional certification should be used as proof. At least AED360,000 was earned through self-employment during the past two years.
• As an alternative, the applicant might provide evidence of their financial security while living abroad.

Entrepreneurs And Investors Will Receive A Five-Year Residence Permit

• This residence scheme was built to draw in revenue. Investors who are establishing or operating an enterprise are granted a five-year residence. This  takes the place of the earlier residence, which was only good for two years.
• Investment authorisation and investment paperwork (evidence) are the two prerequisites.
• If the investor (partner) has many licenses, the overall investment amount is calculated.
• It is necessary to have the appropriate local authorities’ approval.

Skilled Workers

• Through this scheme, qualified workers can get a 5-year residency without a sponsor or employer.
• Candidates must be classified at the minimum level and have a current job contract, according to the Ministry of Human Resources and Emiratization.
• Skilled Employee Level 1, 2
• It is necessary to have a bachelor’s degree or its equivalent, and the pay should be at least Dh15,000 a month.

Family Members Will Now Enjoy More Benefits Permits to remain in the country for a longer duration.

Unmarried sons could have previously been sponsored for up to 18 years, but under the new rule, they can now be given residence permits for up to 25 years. Sponsorship for single women is not time-limited, though.

Children who show perseverance, regardless of their age, are awarded a residence visa.

The residency of family members has the same validity as the primary resident visa holder in all circumstances. Green Residence holders are allowed to provide residence permits to their first-degree relatives.

If you have any questions concerning this visa program for expats in the UAE, don’t be hesitant to speak to expert Dubai lawyers.

 

 

 

 

Since foreign residents began buying homes in the UAE, the rental market’s economics has also expanded. As property owner you would need to optimize your rental income while also making sure that your rights were safeguarded. Tenancy and rent disputes have consequently emerged as one of the most typical legal issues in the United Arab Emirates.

The UAE government responded by passing the Tenancy Law, which lays out the fundamental guidelines for the conclusion and registration of rental and leasing agreements. The rights and responsibilities of landlords and tenants are also governed by the tenancy legislation. A contract that must be recorded with the Real Estate Regulatory Agency (RERA) governs this. This agreement cannot be terminated early without the other party’s consent, and in that case, previous (at least three-month) notice would be necessary.

If a landlord and tenant have a dispute, it is likely that legal counsel will be needed to resolve the matter in the best possible way. The renter and the owner may be represented by rental dispute lawyers in this situation, assisting both parties in handling the case in the Dubai Rental Disputes Centre and coming to a mutually agreeable conclusion.

Legal Assistance With Tenancy Disputes

Rental disagreements between landlords and tenants frequently stem from rental pricing. Most of the time, it makes perfect sense for both parties to carefully analyze the rights and responsibilities mentioned in the rental agreement in order to prevent disputes. Given these factors, it is preferable to work with a rent dispute lawyer in the UAE who focuses on matters involving rental properties because they have a lot of expertise managing these types of disputes. The following are the services this attorney can provide in tenancy disputes:

 

Legal Analysis – A specific tenant and landlord law situation might prompt Expert Rental Dispute Lawyers to search for pertinent laws. They have access to legal databases, which can make researching cases quicker and easier. The legal studies will help your case by acquainting you with your rights, obligations, and responsibilities as a citizen as well as a landlord or tenant.

 

Examining Relevant Documentation and Providing Advice: You can get help from a professional rental dispute lawyer to find any holes in your rental agreement. It is important for tenants to know that some landlords include an attorney’s fee clause in a rental or lease agreement in order to avoid needless legal disputes. If this clause is in your rental or lease agreement, you’ll be eligible for repayment of your legal fees and other related costs if you prevail in your case against the landlord.

 

According to the tenancy legislation, a contract must be signed and registered with the Real Estate Regulatory Authority before relocating into a house, an apartment, or any other type of property in the United Arab Emirates. The following are some of the elements listed in the contract law’s tenancy agreement:

• The landlord’s duty and rights
• Tenant rights and responsibilities
• The duration, amount, and frequency of payments under the contract, as well as the location of the rental property
• Other arrangements between owner and renters that are essential

Landlord’s obligations to tenants include:

• Maintain the unit for the duration of the lease and rent it out in livable shape. Make any necessary repairs as per the contract
• provide you with the necessary service
• not raise the rent unless it complies with Dubai’s statute prohibiting rent increases
• Unless you committed a mistake, give your security deposit back

As an owner, you have a right to expect your tenant to:

• undertake to use your residential property lawfully
• pay rent in full and on time, and not engage in any conduct that is forbidden by the agreement
• not cause damage to the property
• not offer lodging to those not covered by the leasing agreement
• respect and adhere to the contract

A dispute may be started by either the landlord or the renter if any of these are broken.

 

What Are Dubai’s Most Common Rental Conflicts?

The common rental conflicts that may occur between a landlord and a tenant include:

• Rent increases
• Late, unpaid rent
• Inadequate upkeep
• Landlord trespassing on a tenant’s property without authorization
• Requesting a security deposit for rent without warning
• Landlord disregarding a tenant’s complaint about the property
• Tenant making changes to the property without the landlord’s approval
• Failure of tenant to pay their bills

 

How Is Eviction Enforced In The UAE?

The legislation governs the manner in which an eviction shall be conducted, which actually is in the tenant’s best interests. All real estate-related matters are under the control of the Real Estate Regulatory Agency (RERA). One of the regulating branches of the Dubai Land Department (DLD) is RERA and tenant-landlord interactions are governed by RERA laws, which outline each party’s obligations and the steps that should be taken in the case of a disagreement.

 

According to Law (33) of 2008’s Article (4), the landlord and tenant are responsible for ensuring that a valid lease agreement and all supporting papers are registered with RERA through Ejari.

When a tenant may be removed while the tenancy agreement is still in force, as well as the conditions for evicting a tenant after the contract has ended, are specified in Article 25.

According to Article (6) of the Law, if the tenant does not leave the property after receiving a formal statement from the landlord and the tenancy agreement has expired, it is believed that the tenant wants to renew the tenancy for the same period of time or one year.

The circumstances under which a landlord may attempt to remove a tenant before the contract’s expiration are outlined in Clause 1.

According to Article (25)’s Clause (1), the landlord has the legal authority to evict a tenant who doesn’t follow any rules within 30 days of being informed that the lease is about to end.

Clause (2) of Article (25) of Law No. (33) of 2008, indicates that if the landlord wants to remove the tenant after the contracts have expired, he must provide the tenant a notice of eviction for a minimum of 12 months.

According to Article (31) of Law (26) of 2007, the tenant is obligated to pay the rent up until the final decision is issued once an eviction action has been launched.

The tenancy agreement will be continued upon the death of either the tenant or the landlord, in accordance with Article (27) of Law (26) of 2007. The lease can only be ended by the lessor with a 30-day notice.

The transfer of property ownership to a new owner will not have an impact on the tenancy, according to Article (28) of Law (26) of 2007. The present Tenant shall have unlimited access to the Property until the termination of the Lease.

In conclusion, while resolving a rental disagreement may be a drawn-out process, it is possible if both parties are prepared to deal with the legal processes and rules governing the tenancy agreement. If either one thinks otherwise, it is best to consult an expert rental dispute lawyer to help sort it out.