In a landmark move, the UAE on Monday executed sweeping reforms to its commercial company ownership laws.
The move, which comes in the wake of recent changes to personal and family laws and reforms to visa rules, is aimed at attracting foreign capital and improving the ease of doing business in the country.
Here are seven major takeaways from the reformed commercial company ownership law, according to law firm BSA Ahmad Bin Hezeem & Associates.
- Companies will no longer be required to have an Emirati national as a majority shareholder in onshore companies, nor will they be required to have a UAE national or a local company as registered agents.
- Some sectors, including oil and gas, utilities and transport, are exempt from the new law.
- These changes will supersede the Foreign Direct Investment Law (Federal Law by Decree No. 19 of 2018 regarding FDI), which is cancelled.
- Companies that wish to go public can also sell 70 per cent of their shares in an IPO, instead of the previous limit of 30 per cent – a move that could help boost the liquidity of local stock markets.
- These new clauses will be added to the current Commercial Companies Law, which will have 51 articles amended – and three new ones added – to accommodate changes.
- Most of the changes are expected to relate to limited liability companies (LLCs) and joint stock companies.
- Local authorities such as the Department for Economic Development will be able to regulate participation levels of Emiratis in companies.
"The UAE is a trailblazer for change in the GCC and the region, and we look forward to reviewing the text of the law to understand the details and scope of its application," said Michael Kortbawi, partner at BSA Ahmad Bin Hezeem & Associates.
"As you can imagine, we are already flooded with enquires from clients wanting to know more and take advantage of the new law."
The amendments "will no doubt encourage investment in the UAE and lead to economic growth", he said.
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Read more on UAE's rule change:
New law allowing full foreign ownership of onshore companies takes effect on June 1
UAE revamps foreign ownership rules for commercial companies
Business leaders say law change will drive foreign investment
Banned items
Dubai Police has also issued a list of banned items at the ground on Sunday. These include:
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Political flags or banners
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Bikes, skateboards or scooters
What the law says
Micro-retirement is not a recognised concept or employment status under Federal Decree Law No. 33 of 2021 on the Regulation of Labour Relations (as amended) (UAE Labour Law). As such, it reflects a voluntary work-life balance practice, rather than a recognised legal employment category, according to Dilini Loku, senior associate for law firm Gateley Middle East.
“Some companies may offer formal sabbatical policies or career break programmes; however, beyond such arrangements, there is no automatic right or statutory entitlement to extended breaks,” she explains.
“Any leave taken beyond statutory entitlements, such as annual leave, is typically regarded as unpaid leave in accordance with Article 33 of the UAE Labour Law. While employees may legally take unpaid leave, such requests are subject to the employer’s discretion and require approval.”
If an employee resigns to pursue micro-retirement, the employment contract is terminated, and the employer is under no legal obligation to rehire the employee in the future unless specific contractual agreements are in place (such as return-to-work arrangements), which are generally uncommon, Ms Loku adds.
UAE currency: the story behind the money in your pockets
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A widely accepted definition was made by the All Party Parliamentary Group on British Muslims in 2019: “Islamophobia is rooted in racism and is a type of racism that targets expressions of Muslimness or perceived Muslimness.” It further defines it as “inciting hatred or violence against Muslims”.
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THE BIO
Favourite car: Koenigsegg Agera RS or Renault Trezor concept car.
Favourite book: I Am Pilgrim by Terry Hayes or Red Notice by Bill Browder.
Biggest inspiration: My husband Nik. He really got me through a lot with his positivity.
Favourite holiday destination: Being at home in Australia, as I travel all over the world for work. It’s great to just hang out with my husband and family.
The five pillars of Islam
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Our legal advisor
Ahmad El Sayed is Senior Associate at Charles Russell Speechlys, a law firm headquartered in London with offices in the UK, Europe, the Middle East and Hong Kong.
Experience: Commercial litigator who has assisted clients with overseas judgments before UAE courts. His specialties are cases related to banking, real estate, shareholder disputes, company liquidations and criminal matters as well as employment related litigation.
Education: Sagesse University, Beirut, Lebanon, in 2005.
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