How to file the Financial Settlement Proceedings in new U.A.E insolvency Law

The courts in U.AE started taking cases from individuals under the new law from this month. The insolvency law includes civilians who are not merchants whose financial difficulties have prevented them from paying their debts and discharging their financial receivables – the insolvency law has set out clear and easy-to-apply rules for collecting bad debts and rehabilitating the financial position of the debtor

Step 1 - Approach the court
You need to raise the case with a court in the UAE.
Step 2 - Prepare the documents

You would need to provide the following documents as part of your application:

•     A memorandum containing a brief description of the Debtor’s financial position and any data relating to his sources of income, both inside or outside the State, his professional, vocational or craft status, as the case may be, and his liquidity projections and sources thereof within a period of twelve (12) months following the submission of the application.
•     A statement of the names and addresses of creditors whose debts are not paid or are not expected to be paid by the Debtor, the amount of each debt, the dates of maturity thereof and the securities provided to the creditors, if any.
•     A detailed statement of the Debtor's movable and immovable property inside and outside the State and the approximate value of each on the date of submission of the application.
•     A statement of any legal or judicial proceedings or actions taken against the Debtor.
•     A statement by the Debtor that he is facing current or anticipated financial difficulties and that he is unable or is expected not to be able to pay all of his debts, whether due at the time of submission of the application or in the future.
•     The fund necessary to support the Debtor, his family and any dependents thereof.
•     The Debtor’s proposals to settle his financial obligations.
•     The Debtor’s nomination of an Expert to undertake the proceedings in accordance with the provisions of this Decree-Law.
•     A statement of the disclosure of financial transfers outside the State that took place during the last twelve (12) months.
•     Any other documents supporting the application or requested by the Court.

Failure to Complete the Required Data

According to the law, "If the Debtor is unable to provide any of the documents or data required in accordance with the provisions of Article (3) of this Decree-Law, he shall state the reasons therefor in his application. If the Court deems that the documents submitted are not sufficient to decide on the application, it may grant the debtor a time-limit for the submission of any additional data or documents."
Step 3 - Payment of Fees and Expenses

The exact amount of fees is specified by the court, after assessing the expertise fees and fees of the judicial proceedings. If the debtor is not in a position to make the payment immediately, the law has provisions for delaying the payment.
Step 4 - Measures to preserve debtor's funds
The Court may decide to take the necessary measures to preserve the Debtor's Funds while the case is being processed.
Step 5 - Court decides on the application
Within five days of the application being submitted to the court, the court will decide on whether it will accept the application or not. If the application is accepted to settle the individual's financial obligations.
If the court rejects the application, the individual can take the application to the Court of Appeal. The decision issued in the appeal shall be considered final.
Step 6 - Assigning an expert
The court will then assign an expert, or experts, to the case. The specific regulations related to the selection and assigning of the expert are stated in Article 8 of the law.
Step 7 - Creditors submit their documents
Next, the creditors would need to hand over their debt documents to the expert, along with the necessary statements and collaterals.
Step 10 - Expert completes his report
In 20 days, unless the court grants an extension, the expert will submit a detailed report, clearly laying down the dues and the details provided in the documents of the debtor and creditors.
Step 11 - Court audits the report
The court will then audit the report and if it deems necessary will instruct the expert to create a payment plan to settle the financial obligations of the debtor.
What are the cases in which the application can get rejected?
According to the law, these are the conditions that can lead to the rejection of the application
1- If it is established to the Court that the Debtor has carried out any action or refrained therefrom with a view to concealing or destroying any part of its funds.
2- If the Debtor has provided false statements on his debts, rights or funds.
3- If the Debtor has ceased to pay any of his debts on the maturity date thereof for more than fifty (50) consecutive working days, as a result of his inability to pay such debts.
Step 12 - Preparing the repayment plan
Articles 13 to 20 of the law lay down the detailed process of approval, voting and clearance from all concerned parties to finalise on a repayment plan.
Step 13 - Implementation of the financial settlement plan
Articles 21 to 24 detail how the expert, who is now in a position of supervising the execution of the plan, would implement the plan. This would include the sale of any property held by the debtor and provide regular updates to all parties concerned on the repayment of dues. It is also possible that during the implementation of the plan, the expert finds it necessary to make amendments to the plan. In such a scenario, the process is laid out in Article 24.
Step 14 - Termination, Expiry and Nullity of the Financial Settlement Proceedings Plan
In case the debtor clears all dues as per the plan, the plan shall be completed. However, if the debtor still fails to clear his dues, the law goes on to state how the court and the appointed expert can go on to start insolvency proceedings, which include but are not limited to the sale of assets.

UAE Insolvancy Law now in effect

                                                                                                                                                            Image provide by WAM

Under the new Insolvency law, people won’t be jailed for a bounced cheque, instead, a debtor can now approach a civil court in the emirate they reside in and invoke their insolvency status.

Once the court declared insolvent, the civil court will appoint financial experts to come up with a long-term payment plan with the debtor and creditor. Payments can be done through direct payments to the creditor or by assets owned.

When the payment plan in place, debtors will not face any legal prosecution during that period, and will also have the criminal case against them wiped out once all payments have been completed so they won’t have any criminal record against them

How the new UAE insolvancy law will help debt-ridden residents

The law addresses debtors' inability to pay their debts due to bankruptcy and debt default.An insolvency law that was approved by the UAE Cabinet will protect debtors' dignity and gives them the opportunity to manage their finances, the Ministry of Finance has said. The ministry explained how the law will be applied; how debtors can settle their dues; and what documents they will need to submit.

Purpose of the law

The Insolvency Law of Natural Persons addresses debtors' inability to pay their debts due to bankruptcy and debt default. This is known as the 'insolvency of the natural person'. The regulation of this case is linked to the Civil Transactions Act, in accordance with a principle called 'Facilitator's View'. The latter is rooted in Islamic jurisprudence, whereby debtors are granted a reasonable period of time to fulfil their financial obligations. However, this is done provided that such a delay does not cause serious harm to the creditor.

Insolvency law vs bankruptcy law

The insolvency law applies to a natural person who is not engaged in economic activity and is not a trader. However, the primary purpose of both laws is the same: Both exist to protect the common interests of the creditor and the debtor in a fair and balanced manner. The risk is divided between them in such a way so as to alleviate the debtors from the cycle of financial difficulties and enable them to pay off their accumulated debt.

How the law will help
Specialised rules governing the insolvency of a natural person are expected to increase transparency on civil debt repayment transactions and increase the general security of financial transactions, thus enhancing financial stability in the country. It is also expected to accelerate growth and make it easier for individuals to obtain loans, as there are clear rules that are easy to apply to collect bad debts and rehabilitate the debtor financially. This enhances creditor banks' confidence in retail lending and encourages individuals to engage in calculated borrowing. In addition to all its economic objectives, the law has another positive aspect to it: It ensures the protection of the debtors' dignity and helps create an opportunity for them to manage their finances and reduce financial burdens.

Will it affect the economy

The law will bolster the economic stability of the nation and provide a secure environment for personal loans to the contentment of both the creditor and the debtor. The law provides the necessary balance to guarantee the rights of creditors and debtors and encourages increased cash flows.

How long will the court take to decide
The court shall decide on the application (without notice or plea) within five working days from the date of submission of the application.

What happens next?

The decision of the court shall cease the obligation of the debtor to apply for insolvency and the liquidation of their property. Suspension of execution shall continue during the period of settlement of financial obligations unless the debtor breaches obligations.

Appointing experts

In the decision to open a settlement of financial obligations, the court shall appoint one or more experts to assist the debtor in settling financial obligations. The expert shall not be a creditor of the debtor or be associated with them in any interest, or kinship until the fourth degree.

Steps experts will take

The expert shall prepare a plan in cooperation with the debtor, provide the creditors with a copy, and deposit a copy with the court within 22 working days, from the date of the court's decision to instruct the expert to prepare the plan. The court may authorise an extension of the submission period if the need arises.

The expert shall invite the debtor and creditors to one or more meetings, specifying the time and place of the meeting, to discuss and vote on the plan.

They shall be invited to attend the meeting by any means of communication as deemed appropriate.

The first meeting shall be held within 10 working days from the date of providing the creditors with a copy of the plan. The debtor and creditor shall attend the meeting in person, or by someone authorised on their behalf.

Who is not eligible to vote on the plan

• The debtor's spouse
• Any person financially supported by the debtor
• Relatives of the debtor up to the second degree.
  

Duration of executing the plan
The proposed period for the execution of the plan may not exceed three years from the date of the ratification.

Can the plan be amended

Yes, amendments may be made. The expert shall request the court to approve the amendments. The court shall, before deciding on the application, notify all creditors who may be affected by such amendments; and authorise or reject them.

Invalidation of plan

The court shall decide on the termination of the financial settlement of the debtor in the following cases:

• If it finds that the debtor's financial obligations cannot be settled
• If it is impossible to implement the plan because the debtor ceases to pay any of their debts on due dates for more than 40 consecutive working days, as a result of their failure to meet these debts
• If the debtor requests the court to terminate the execution of the plan before the settlement of financial obligations with creditors
• If the period specified for the implementation of the plan expires without the settlement of financial obligations of the debtor
• If the debtor fails to follow the plan.

The approved plan will be nullified if the court finds that the debtor is evading, or attempting to evade, fulfilling their obligations.

Secretary to liquidate assets

The court shall appoint a secretary if it decides to open the procedures of insolvency of the debtor and the liquidation of their funds.

Functions of the secretary

The secretary shall finalise the claims of creditors and prepare a report on the financial situation of the debtor and deliver it to the court within 10 working days from the end of the specified period, which is 20 working days. The court may extend it for a similar period once more.

Replacing the expert or secretary

The court may replace the expert or the secretary upon the request of the creditor or the debtor if it is proved that their continued appointment may harm the interests of either the creditors or the debtor or both.

Judicial decision on insolvency

The court shall decide on the insolvency of the debtor and the liquidation of their assets within 15 days from the date of receiving the secretary's report.

Time the debtor gets

The court may, upon the recommendation of the secretary and the debtor's request, before commencing the liquidation of the debtor's funds, decide to grant the debtor a term under the secretary's supervision of no more than three months. This is extendable by a similar period to reach an amicable settlement with the creditors, provided that this does not prejudice the interest of creditors.

Appealing the term

Any of the creditors may appeal the court's decision to grant the debtor a time for amicable settlement before the Court of Appeal. The appeal shall not result in the suspension of the proceedings and the decision issued in the appeal shall be considered final.

Penal provisions

Dh20,000 to Dh60,000 fine, imprisonment for debtors if:

• They spend large sums of money in a speculative business that is not required
• They purchase services, goods or materials for personal or domestic use
• They gamble

Dispose of their funds at less than the market price

Dh10,000 to Dh100,000 fine, jail for creditors if:

• They make a claim relating to a fake or sham debt against the debtor
• They increase the debts to the debtor illegally.

New law to help people facing financial issues in the U.A.E

Debt-ridden individuals will be protected from criminal prosecution and instead offered support to repay debts within three years, according to a new UAE law.

The new law will protect debtors from legal prosecution, decriminalise the financial obligations of insolvent persons, and offer them an opportunity to work, be productive and provide for their families.
The UAE Cabinet has approved a federal law to regulate cases of insolvency aimed at enhancing the competitiveness of the UAE by ensuring the ease of doing business, creating favourable conditions for individuals facing financial difficulties and protecting those who are unable to pay their debts from going bankrupt.

The new law is part of the government’s efforts to ensure convenience for citizens and expat residents, and respond to their needs. The law will support individuals who are facing existing or anticipated financial difficulties, rendering them unable to settle their debts. The law will help them reschedule their debts and provide them with the opportunity to be granted new concessional loans.

In addition, the new law will protect the debtors from legal prosecution, decriminalise the financial obligations of insolvent persons, and offer them an opportunity to work, be productive and provide for their families.

The law, which will come into force in January 2020, will assist debtors in settling their financial obligations through one or more experts, to be appointed by the court.

The experts will coordinate with the debtor and creditors to come up with a plan, lasting no longer than three years, to settle the financial liabilities and fulfil all obligations stipulated in the plan.

During this period, the debtor will be prevented from taking any loans until the court decides, upon the request of the expert, the debtor or any of the creditors, that the implementation of the plan has been accomplished.

The law also contains special provisions that contribute to the swift completion of legal procedures and reduces the fees charged for rescheduling and restructuring the debts, with a view towards finding a fair compromise for both creditors and debtors.

The law not only contributes to enhancing the credit-worthiness of the country in the long run and its future growth perspective but also enhances the competitiveness and strength of its economy, thus ensuring an enabling environment that encourages entrepreneurship and provides favourable conditions for doing business.

The law, which complements existing financial laws, will contribute to increased transparency, in terms of civil debt repayment transactions, and will ultimately strengthen the UAE’s position as an ideal hub for investment, where the rights of all parties are guaranteed.