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Friday, December 22, 2023

The real estate market in the United Arab Emirates is projected to continue growing between 2024 and 2029

 Predicting specific trends for villa or apartment sales in Dubai over the next five years is challenging due to the market's dynamism and various contributing factors. However, based on current forecasts and trends, here's a breakdown of potential scenarios:

 Villa Sales: Moderate Growth: Villa sales are expected to experience moderate growth, possibly slightly outperforming apartment sales due to limited supply and increasing demand for spacious homes with outdoor areas.

Luxury Segment Boom: The luxury villa segment might witness a stronger surge, driven by high net-worth individuals seeking exclusive properties and potentially benefitting from a global shift towards luxury assets.

Location Plays a Role: Prime villa locations, particularly beachfront or waterfront areas, could see higher sales volume and price appreciation than less desirable locations.

Apartment Sales: Steady Growth: Apartment sales are likely to see steady growth, fueled by a larger overall pool of buyers and affordability compared to villas.

Increased Rental Conversions: Some investors might opt to convert apartments into short-term rentals to capitalize on the lucrative tourism market, impacting overall sales volume.

Demand for Specific Types: Apartments with balconies, efficient layouts, and proximity to amenities could be in higher demand, influencing sales in specific segments.

Dubai Residential Market Review 

Strong Price and Rent Growth:

The Dubai residential market experienced a robust year in 2022-23, with average sales prices surging 12% to reach AED 1,203 per sq ft and rents climbing 19% to AED 73 per sq ft by September. This growth surpasses pre-pandemic levels and reflects Dubai's position as a safe haven amidst global economic uncertainty. 

Sub-Market Variations:

 However, the overall picture masks significant variations across different sub-markets. Prime locations like Mohammed Bin Rashed City, Palm Jumeirah, and Business Bay witnessed the highest year-on-year sales price growth, while areas like Dubai Land, Dubai South, and Dubai Creek Harbour faced price declines. Similarly, rent increases were most pronounced in Jumeirah, Palm Jumeirah, and Downtown Dubai, whereas Deira saw a modest dip.

Additional Considerations:

Global Economic Conditions: A slowdown in major economies could dampen overall real estate demand, impacting both villa and apartment sales.

Interest Rate Fluctuations: Rising interest rates might make mortgages more expensive, potentially slowing sales across both segments.

Government Policies: Government initiatives like residency programs and tax benefits could influence investor interest in specific property types.

Overall, while both villa and apartment sales are expected to grow in the next five years, the pace of growth might differ. Villa sales could outperform due to limited supply and increasing demand for spacious living, but the luxury segment might experience the most significant surge. Apartment sales are likely to see steady growth, with specific types like those with balconies and convenient locations potentially faring better. Remember, these are general predictions, and the actual performance of each segment will depend on various evolving factors.

Looking back at the transaction volumes and total values from 2019 to 2023 provides an encouraging picture:

  •  2019: The market saw 41,000 real estate transactions, totaling AED 81 billion.
  • 2020: Despite global challenges, 52,000 real estate transactions were recorded, with a total value of AED 175 billion.
  • 2021: The market experienced a notable rebound with 60,000 real estate transactions, totaling AED 150 billion.
  • 2022: The positive momentum continued to accelerate, reaching 120,000 real estate transactions, with a total value of AED 500 billion.
  • 2023 (trending): Early indications point to consolidation with an estimated 120,000 real estate transactions, amounting to another staggering AED 500 billion total value.

These figures demonstrate a consistent upward trajectory, with transaction volumes and values experiencing notable growth each year.

 The fact the 2023 trend suggests a consolidation on 2022s 100% growth, underscoring the market’s resilience and demand dynamics despite global headwinds that have impacted other investment markets in the world. For context, the London prime real estate market is expected to undergo a period of contraction this year.

Hospitality Segment:

Occupancy for Dubai averaged 70% at the end of 2022, compared to the same period in 2021, while the average ADR over this period has increased by 37% year-on-year to AED 641. This is higher than the majority of the regional and international markets.

It seems like Dubai's hospitality sector is bouncing back strongly after the pandemic. Here are some additional thoughts based on the information you provided:

 Strong Occupancy Rate: A 70% average occupancy rate at the end of 2022 is a significant improvement compared to 2021 and indicates a steady demand for tourist accommodation in Dubai. This is especially impressive considering the increase in room supply.

Higher ADR: The 37% year-on-year increase in the average daily rate (ADR) highlights a stronger pricing power for Dubai hotels. This suggests that tourists are willing to pay more for the unique experiences and services offered in Dubai.

Competitive Advantage: The fact that Dubai's occupancy and ADR are higher than the majority of regional and international markets further underscores the city's position as a leading tourist destination. This competitiveness bodes well for the continued growth of Dubai's hospitality industry.

However, it's also worth considering some additional factors:

Seasonality: It's important to note that occupancy rates and ADRs can fluctuate significantly throughout the year, depending on seasonality and events. Therefore, it would be interesting to see the data for different quarters or months within 2022 to understand the full picture.

Market Segmentation: Different hotel segments (e.g., luxury, budget) may have experienced different occupancy and ADR trends. Knowing the performance of specific segments would provide a more nuanced understanding of the market.

Future Outlook: While the past performance is positive, it's also crucial to consider the potential challenges and opportunities in the future. This might involve analyzing upcoming events, economic trends, and competitor strategies. 

Residential

Average sales prices for residential property in Dubai increased by approximately 12% between Q3 2021 and

Q3 2022 to reach AED 1,203 per sq ft. Average rents also increased by approximately 19% over the same period,

rising to AED 73 per sq ft as as at the end of 2022. Gross yields reflect 6.1% compared to 5.7% in 2021.

Dubai Residential Property Growth 2024-2029:

While data provides valuable insights into Dubai's recent residential property performance (Q3 2021 to Q3 2022), accurately predicting growth for the extended period of 2024 to 2029 is challenging due to numerous influencing factors.

 However, I can offer some perspectives based on current trends and expert opinions:

 Potential Drivers of Growth: 

Expo 2020 Legacy: Dubai's successful hosting of Expo 2020 has bolstered its global image and could attract further investments and residents.

Government Initiatives: Government initiatives like the 10-year residency visa for investors and entrepreneurs could incentivize long-term property ownership.

Infrastructure Development: Ongoing infrastructure projects like the expansion of Dubai International Airport and the Dubai Metro could enhance connectivity and drive demand for specific areas.

Challenges to Growth: 

Global Economic Fluctuations: A potential global economic slowdown could impact investment and demand for luxury properties.

Geopolitical Uncertainties: Regional geopolitical tensions could affect investor confidence and tourism.

Interest Rate Hikes: Rising interest rates might increase borrowing costs and dampen buying sentiment.

Expert Predictions: 

Moderate Growth: Most experts anticipate continued, albeit moderate, growth in Dubai's residential property market in the coming years, with price increases potentially ranging from 3-5% annually.

Selective Growth: Growth is likely to be more prominent in specific segments like mid-range apartments and well-located villas.

Diversification: The market might see further diversification with an increased focus on rental communities and vacation homes.

Remember:

These are just general predictions, and the actual trajectory will depend on various unforeseen circumstances.

Conducting thorough research and seeking professional advice for specific investment decisions is crucial. 

Dubai Office Rent Growth: Rebounding and Beyond

The good news is that Dubai's office rents have indeed rebounded strongly, exceeding pre-pandemic levels by 12% at the end of 2022. 
This indicates a robust recovery in the commercial real estate sector fueled by several factors:

 Economic Diversification: Dubai's economy is actively diversifying beyond oil, with thriving sectors like tourism, logistics, and technology driving office space demand.

Government Initiatives: Supportive government policies like the 10-year visa scheme for investors and entrepreneurs are attracting businesses and boosting office space requirements.

Limited New Supply: The limited availability of new high-quality office space is putting upward pressure on rents, especially in prime locations.

Looking ahead to the next five years (2024-2029), experts predict continued growth in Dubai's office rents, albeit at a more moderate pace compared to the recent surge. Here's what to expect:

 Annual rent increases are likely to range between 3-5%, with prime locations potentially seeing higher growth.

Growth might be more pronounced in specific segments like flexible workspaces, co-working spaces, and offices catering to technology and creative industries.

Rents are expected to vary depending on location, quality, and amenities offered, with prime locations like DIFC commanding the highest premiums.

Here's an image depicting the potential trajectory of Dubai's office rent growth over the next five years:

 Important factors to consider:

  •  Global Economic Headwinds: A potential global economic slowdown could dampen overall business activity and impact office space demand.
  • Geopolitical Uncertainties: Regional geopolitical tensions could affect investor confidence and business expansion plans.
  • Technological Advancements: The increasing adoption of remote work practices might influence office space requirements in the long run.

 Dubai Tourism Review: Rebounding with Resilience

Dubai's tourism industry demonstrated remarkable resilience in 2022, showcasing strong recovery trends despite ongoing global challenges. Here's a breakdown of the key highlights:

 Visitor Arrivals:

 Positive Growth: Dubai welcomed 10.1 million overnight visitors in the first nine months of 2022, a significant increase compared to the same period in 2021.

Top Source Markets: India remained the top source of international visitors with 1.2 million arrivals, followed by Oman, KSA, and the UK, all showing significant growth compared to 2021.

Pre-Pandemic Gap: While impressive, overall visitor numbers still fell short of pre-pandemic levels, with total arrivals in 2019 reaching 12.1 million.


Occupancy & Rates: 

Healthy Rebound: Average occupancy for the first nine months of 2022 stood at 70%, a notable improvement from 59% in the same period of 2021.

Strong Rates: The average daily rate (ADR) grew by an impressive 37% year-on-year to reach AED 641, surpassing the performance of most regional and international markets.

Market Recovery Drivers: Improved occupancy and ADR were fueled by eased travel restrictions, lifted capacity limitations, and relaxed PPE requirements.

Peak Season: The first three months of the year witnessed the strongest occupancy performance, peaking at 91% in March.

Overall, Dubai's tourism sector displayed a robust recovery in 2022, with visitor numbers, occupancy, and rates all trending upwards. While pre-pandemic levels haven't been fully reached, the positive trajectory bodes well for the future of Dubai's tourism industry.

 Dubai Office Market Review 2022 and Growth Expectations for 2024-2029

Shifting Workplace Strategies: The post-pandemic focus on staff retention and engagement has reshaped occupier strategies, with a greater emphasis on office design and adaptability.

Central Business District Recovery: Prime CBD locations like DIFC and Downtown Dubai rebounded quickly, driven by international companies seeking regional bases and limited Grade A office space.

Inflationary Pressures: Inflation-linked rent escalations impacted existing leases despite ongoing reassessments of the office's role.

Fit-Out Incentives: Capital investment for tenant fit-outs in non-CBD locations is expected to continue as a way to attract and retain them.

Positive Demand Outlook: Projected GDP growth and hiring across key sectors indicate a potentially positive impact on office space demand in the coming years.

Expected Growth in 2024-2029: 

Analysts predict moderate but sustained growth in Dubai's office market over the next five years, with potential scenarios including: 

Rents: Annual rent increases could range from 3-5%, with prime locations potentially seeing higher growth.

Market Diversification: Growth might be more prominent in specific segments like flexible workspaces, co-working spaces, and offices catering to technology and creative industries.

Tech and Innovation: Growing adoption of technology and innovative office solutions could influence space requirements and tenant preferences.

Challenges and Uncertainties:

 Global Economic Headwinds: A potential global economic slowdown could dampen business activity and impact office space demand.

Geopolitical Uncertainties: Regional geopolitical tensions could affect investor confidence and business expansion plans.

Remote Work Trends: The increasing acceptance of remote work practices could influence long-term office space requirements.

Overall, Dubai's office market is well-positioned for continued growth in the next five years, but staying informed about global and regional trends and carefully assessing specific market segments remains crucial for making an informed investment decision 

  • Conduct thorough research: Analyze current trends, price forecasts, and market data for both villas and apartments.
  • Seek professional advice: Consult a qualified real estate agent who can provide insights and guidance based on your specific needs and budget.
  • Consider your lifestyle and priorities: Choose the property type that best suits your needs for space, privacy, and proximity to amenities.
  • Be prepared for fluctuations: The market can be dynamic, so be flexible and adaptable to changing trends and prices.
  • By staying informed, seeking expert advice, and making informed decisions based on your individual circumstances, you can potentially capitalize on the opportunities in Dubai's real estate market over the next five years.

 I hope this information helps! Let me know if you have any further questions.

Sunday, December 17, 2023

The most important changes made to the laws of the U.A.E in 2023

 2023 has been a year of significant legal changes in the UAE, encompassing various areas like labor, taxation, personal status, and environmental protection. Here are some of the most important changes:

Employment Law:

Involuntary Loss of Employment (ILOE) Scheme: Introduced as a form of social security, this scheme provides compensation (up to 3 months' salary) to employees who lose their jobs involuntarily.

What is the ILOE Scheme?

The ILOE Scheme is a mandatory social security program that provides financial support to eligible employees who lose their jobs involuntarily. This means the job loss was not due to the employee's resignation, disciplinary action, or misconduct.

Who is eligible for the ILOE Scheme?

All employees working in the private and federal sectors in the UAE are eligible for the ILOE Scheme, except for:

·       Investors and business owners

·       Domestic workers

·       Employees temporarily

·       Individuals below 18 years old

·       Retirees receiving pensions who join a new employer

What are the benefits of the ILOE Scheme?

 Eligible employees who lose their jobs involuntarily can receive the following benefits:

Monthly cash compensation: Up to 60% of the average basic salary for the last 6 months before job loss, capped at AED 20,000 per month.

Compensation period: Up to 3 months per claim.

Access to job search assistance: The Ministry of Human Resources and Emiratization (MOHRE) provides job search assistance services to ILOE beneficiaries.

How to register for the ILOE Scheme?

Employees do not need to register for the ILOE Scheme individually. Employers are responsible for registering their employees with the ILOE insurance pool. The registration process is online and can be completed through the website of the Ministry of Human Resources and Emiratization (MOHRE).

How to claim ILOE benefits? 

Employees who lose their jobs involuntarily can claim ILOE benefits by following these steps:

Report the job loss to the Ministry of Human Resources and Emiratization (MOHRE) within 7 days of the termination date.

Submit the required documents, including the termination certificate and salary slips.

Attend job search training sessions organized by MOHRE.

Once the claim is approved, the employee will receive the monthly compensation through bank transfer.

Here are some additional things to keep in mind about the ILOE Scheme: 

The scheme is funded by contributions from both employers and employees. Employers contribute 0.5% of the employee's basic salary, and employees contribute 0.5% of their basic salary.

The ILOE Scheme is a relatively new program, and the long-term impact is still unknown. However, it is expected to provide much-needed financial support to workers who lose their jobs through no fault of their own.

Changes in Employment Contracts: An employment contract is a legally binding agreement between an employer and an employee that outlines the terms and conditions of employment. It sets out the rights and responsibilities of both parties, such as: 

Job title and duties: The employee's position and responsibilities within the company.

Start date and duration: The date the employee begins working and the length of the contract (fixed-term or unlimited).

Salary and benefits: The employee's compensation, including base salary, bonuses, allowances, and any other benefits such as health insurance and paid leave.

Working hours and location: The employee's expected working hours and the location of their work.

Termination clauses: The grounds for termination of the contract by either party.

Confidentiality and non-compete clauses: Agreements protecting the employer's confidential information and preventing the employee from competing with the company after leaving.

Types of employment contracts in the UAE 

There are two main types of employment contracts in the UAE: 

Fixed-term contracts: These contracts have a specific start and end date. They can be renewed, but both the employer and employee must agree to the renewal.

Fixed-term employment contract

Unlimited contracts: These contracts do not have a specific end date and can continue indefinitely. They can be terminated by either party with notice.

Important things to consider when reviewing an employment contract in the UAE

·       Review the contract carefully before signing it. Make sure you understand all of the terms and conditions and seek legal advice if necessary.

·       Negotiate the terms of the contract. You may be able to negotiate your salary, benefits, and other terms of employment.

·       Keep a copy of the contract for your records.

Changes to employment contracts in the UAE 

The UAE's labor law was recently updated in 2022. The new law made some significant changes to employment contracts, such as:

·       All new employment contracts must be fixed-term.

·       Existing unlimited contracts can be converted to fixed-term contracts.

·       Employees have more rights to terminate their contracts without notice in certain circumstances.

·       Emiratisation quotas: Companies must now employ at least 2% UAE nationals, increasing by 2% annually until reaching 10% for skilled positions.

·       Anti-discrimination: The law now explicitly prohibits discrimination based on race, nationality, religion, gender, or other protected categories.

Taxation:

Corporate Tax: The introduction of corporate tax in the UAE has been a significant change for businesses operating in the country. Here's a breakdown of the key aspects to keep in mind:

Tax Rate:

A 9% tax rate on taxable profits exceeding AED 375,000.

Businesses with profits below AED 375,000 are exempt from taxation.

Taxable Profits:

Calculated as revenue minus allowable expenses.

Specific rules and exclusions apply to certain expenses, so careful accounting is important.

Who is Liable: 

All businesses operating in the UAE, except for those in designated Free Zones (subject to specific conditions).

This includes onshore and offshore companies, branches of foreign companies, and individual entrepreneurs.

Compliance & Filing:

First taxable year starts on the first financial year beginning on or after June 1, 2023.

Tax returns must be filed electronically within 9 months of the fiscal year-end.

Advance tax payments may be required in some cases.

Free Zones:

Some Free Zones offer corporate tax exemptions under specific criteria.

Businesses should confirm their Free Zone's regulations regarding corporate tax.

Personal Status Law: Personal Status Law in the UAE: Key Changes and Implications

The UAE underwent significant changes to its personal status laws in 2022, particularly for non-Muslims. Here's a breakdown of the key aspects and implications: 

Key Changes: 

Civil Marriage Recognition: Introduced legal recognition for civil marriages performed outside the UAE for non-Muslims residing in the country, providing greater rights and stability.

Personal Status Court: Established a dedicated family court for non-Muslims to handle matters like marriage, divorce, inheritance, and child custody.

Divorce Grounds: Simplified and expanded grounds for divorce, allowing either spouse to initiate the process without fault attribution.

Joint Guardianship: Introduced joint custody options after divorce, promoting shared responsibility for child-rearing.

Inheritance: Established inheritance rights for non-Muslims based on wills or, in their absence, on succession laws of their home countries.

Implications:

Greater Legal Certainty: Provides non-Muslims with a clearer legal framework for personal matters, addressing uncertainty and potential conflicts of law.

Enhanced Protection: Improves legal protection for individuals in marriages, child custody arrangements, and inheritance matters.

Flexibility and Choice: Offers greater flexibility and choice in personal matters, aligning with international practices and evolving social structures.

Potential Challenges: Implementation and interpretation of the new laws require ongoing refinement, and adaptation to specific cultural and religious backgrounds may be necessary.

Additional Points: 

·       The Personal Status Law for non-Muslims applies unless individuals choose to apply their home country's laws in specific situations.

·       UAE citizens and Muslims still follow a separate personal status law based on Sharia principles.

·       Resources like the official government website and legal professionals can provide further guidance and support in navigating the new laws. 

  Non-Muslim Personal Status Law: A new law provides a legal framework for marriage, divorce, inheritance, and other personal matters for non-Muslim residents.

·       Environmental Protection: 

UAE's Single-Use Plastic Ban: A Step Towards Sustainability

The United Arab Emirates (UAE) has taken a significant step towards curbing plastic pollution and promoting sustainability with the implementation of a ban on single-use plastic bags and other disposable plastic items. This ban, which began in January 2023, aims to reduce plastic waste, protect the environment, and encourage responsible consumption. 

What is banned? 

The ban covers a wide range of single-use plastic items, including: 

·       Plastic bags: All types of single-use plastic bags, regardless of material or thickness, are prohibited.

·       Plastic straws and stirrers: These often unnecessary items are also banned, with the exception of straws for medical purposes.

·       Lightweight plastic cups and lids: Thin plastic cups and lids used for beverages are no longer allowed.

·       Food containers and cutlery: Disposable plastic food containers, plates, bowls, and cutlery are also included in the ban.

·       Cotton buds with plastic stems: These small but harmful items can easily pollute waterways and harm wildlife.

Exceptions and Alternatives 

There are some exceptions to the ban, such as:

Plastic packaging for food and pharmaceuticals: These items are still allowed to ensure hygiene and safety.

Industrial and agricultural plastic uses: Certain specific applications of plastic in these sectors are exempt.

To encourage the use of sustainable alternatives, the UAE has also implemented:

A levy on single-use plastic bags: Retailers charge a small fee for any single-use plastic bag provided to customers.

Promotion of reusable bags and containers: The government and businesses are encouraging the use of reusable alternatives like cloth bags, metal straws, and reusable food containers.

Impact and Future Plans 

The UAE's single-use plastic ban is expected to have a significant positive impact on the environment. Experts estimate that it could reduce plastic waste by up to 80%. This will help protect ecosystems, reduce ocean and landfills pollution, and improve public health.

 The UAE is not stopping there. The government has ambitious plans to phase out even more single-use plastic items by 2026, including plastic cutlery, cups, styrofoam, and boxes. This comprehensive approach demonstrates the UAE's commitment to becoming a leader in sustainable development.

Here are some resources to help you stay updated:

Ministry of Human Resources and Emiratisation: https://eservices.mohre.gov.ae/

Federal Tax Authority: https://www.tax.gov.ae/en/

Dubai Courts: https://www.dc.gov.ae/  

Thursday, December 14, 2023

The UAE Bankruptcy Law, officially known as Federal Decree-Law No. 9 of 2016, undergone new changes

 The UAE Bankruptcy Law, established under Federal Decree-Law No. 9 of 2016, sets the legal framework for handling financial distress and insolvency within the country. It offers varied tools and procedures for both debtors and creditors, focusing on:

 Restructuring: Struggling companies can seek to reorganize their debts and restore solvency under court supervision. 

Liquidation: When restructuring isn't viable, the law provides a clear and structured process for winding down companies and distributing assets to creditors. 

Personal Bankruptcy Protection: Individuals burdened with debt can file for personal bankruptcy and find relief from creditor claims. 

Key Features of the Law: 

Initiating Proceedings: Both debtors and creditors can initiate the process.

Debtors are obligated to file if they: Fail to pay debts for 30 consecutive business days.

Have assets insufficient to cover liabilities.

Creditors can file if the debtor: Fails to settle a debt exceeding AED 100,000 within 30 days of a written demand.

Restructuring Options: The law offers several options, including:

Preventive Restructuring: Debtors can propose a restructuring plan to creditors before formal proceedings begin.

Restructuring by Agreement: Creditors and debtors can agree on a restructuring plan outside of court.

Court-Supervised Restructuring: If no agreement is reached, the court can oversee a restructuring process with a restructuring practitioner appointed.

Liquidation: If restructuring fails, the court orders liquidation of the debtor's assets to satisfy creditors. A court-appointed liquidator oversees the process.

Personal Bankruptcy: Individuals can file for personal bankruptcy if they cannot repay their debts. The court appoints a trustee to manage assets and distribute them to creditors. The debtor may be discharged from remaining debts after meeting specific requirements.

Recent Amendments:

The law has undergone revisions since its implementation, with the most impactful changes in 2021 and 2023, aiming to:

 Clarify Director and Manager Liability: The amendments made it harder for creditors to hold directors and managers personally liable for insolvency unless they engaged in specific misconduct.

Empower Secured Creditors: Secured creditors now have more control over their assets during proceedings and can enforce their rights directly through the bankruptcy court.

Streamline Procedures: The revisions aimed to make bankruptcy proceedings more efficient and timely.

Impact of the Law: The UAE Bankruptcy Law has significantly improved the legal framework for dealing with financial distress and insolvency in the country. It provides various options for resolving financial problems, promoting a more transparent and efficient system for creditors to recover debts.

 The UAE Bankruptcy Law has undergone several important changes in recent years, with the most notable ones coming in 2021 and 2023. Here's a summary of the key new developments:

 Changes in 2021:

Clarification of directors' and managers' personal liability: The amendments addressed concerns about the automatic liability previously faced by directors and managers of insolvent companies. Now, personal liability only applies if the court can prove they committed specific acts that contributed to the company's insolvency (Article 147).

Enhanced rights for secured creditors: Secured creditors, like banks, now have greater control over their assets during bankruptcy proceedings. They can enforce their rights directly through the bankruptcy court without needing separate legal action.

New options for restructuring: The Law introduced a "reorganization" process, allowing financially distressed companies to restructure their debts and stay operational under court supervision.

Streamlined procedures: The amendments aimed to make bankruptcy proceedings quicker and more efficient.

Changes in 2023:

Further clarification of directors' and managers' liability: Clarify the personal liability of directors and managers: The amendments narrowed the scope of personal liability for directors and managers, making it more difficult for creditors to hold them responsible for the company's insolvency unless they have committed specific acts of misconduct.

Enhance the rights of secured creditors: Secured creditors now have greater control over their assets during bankruptcy proceedings and can enforce their rights directly through the bankruptcy court.

Focus on training and implementation: The Ministry of Finance is working with judicial authorities to develop training programs and refine procedures for the effective implementation of the new law.

Current situation:

The amended Bankruptcy Law is still relatively new, and its practical implications are evolving.

Businesses and individuals involved in potential bankruptcy situations should seek legal advice from experienced professionals familiar with the latest developments. 

The Financial Restructuring Committee is continuing to work on improvements and refinements to the bankruptcy framework. 

Key Features of the UAE Bankruptcy Law: 

Initiating Bankruptcy Proceedings: Both debtors and creditors can initiate bankruptcy proceedings. Debtors are obligated to file if they are unable to pay their debts for 30 consecutive business days or their assets are insufficient to cover their liabilities. Creditors can file if the debtor fails to settle a debt exceeding AED 100,000 within 30 days of a written demand. 

Restructuring Options: The law offers various restructuring options, including: 

Preventive Restructuring: A debtor can propose a restructuring plan to creditors before formal bankruptcy proceedings commence.

Restructuring by Agreement: Creditors and the debtor can agree on a restructuring plan outside of court.

Court-Supervised Restructuring: If agreement is not reached, the court can supervise a restructuring process, involving the appointment of a restructuring practitioner.

Liquidation: If restructuring fails, the court will order the liquidation of the debtor's assets to satisfy creditors' claims. The liquidation process is overseen by a liquidator appointed by the court. 

Personal Bankruptcy: Individuals can file for personal bankruptcy if they are unable to repay their debts. The court will then appoint a trustee to manage the debtor's assets and distribute them to creditors. The debtor may be granted a discharge from their remaining debts after fulfilling certain requirements. 

Conclusion: The UAE Bankruptcy Law is a complex and evolving piece of legislation. If you are facing financial difficulties or have questions about the law, it is important to seek legal advice from a qualified professional.

Wednesday, December 13, 2023

The U.A.E Labour Law -Article 54 Federal Decree-Law 20 of 2023 takes effect on January 1, 2024

 As of today, December 12, 2023, Article 54 of the Labour Law (Federal Decree-Law 20 of 2023) hasn't come into effect yet. The amended provisions only take effect on January 1, 2024. However, I can give you a summary of the key changes it introduces:

 Enhanced powers for the Ministry of Human Resources and Emiratisation (MOHRE):

 Final judgment authority: This empowers MOHRE to issue final judgments in certain cases, reducing the need for court proceedings and potentially speeding up dispute resolution.

Enhanced settlement facilitation: While encouraging amicable settlements remains a critical step, MOHRE now has more authority to intervene and guide parties toward solutions.

MOHRE gains the power to issue final judgments on employment disputes under certain conditions. This applies to cases where the claim value is below AED 50,000 or if parties reject an amicable settlement, regardless of claim value. Previously, all disputes went to court.

MOHRE is still responsible for attempting amicable settlements before issuing a final judgment.

Execution of decisions Final judgment authority: MOHRE decisions can be directly enforced, similar to court judgments, offering faster resolution and streamlined enforcement. It's certainly a significant shift in the landscape of employment dispute resolution in the UAE, with potential benefits for both employers and employees. By streamlining the process and empowering MOHRE, the aim is to create a more efficient and accessible system for resolving workplace issues.

Other key points: The existing provisions on submitting an initial request to MOHRE and pursuing an amicable settlement remain largely unchanged. This change aims to expedite resolutions and reduce the strain on the court system.

Appeal rights to higher courts still exist for dissatisfied parties. It's worth noting that legal interpretations and procedures may evolve, so seeking professional advice from qualified lawyers specializing in UAE labor law is always recommended for specific cases.

 Upcoming  Changes Labour Law UAE in 2024

While the major changes in UAE Labour Law took place in February 2022, there are a few key updates and developments expected in 2024:

 Emiratisation: Quotas for smaller companies: Companies with 20 to 49 employees will be subject to Emiratisation quotas for the first time. They must hire at least one UAE citizen by December 31, 2024, and another by December 31, 2025.

Increased quotas for larger companies: The existing quotas for companies with 50 or more employees will continue to increase, reaching 6% by the end of 2024, 8% in 2025, and 10% in 2026.

Fines for non-compliance: Companies failing to meet their Emiratisation quotas will face fines of AED 96,000 for the year 2024 and AED 108,000 for 2025.

Other potential changes:

Regulations on remote work: The Ministry of Human Resources and Emiratisation (MoHRE) is expected to finalize regulations on remote work in 2024, outlining requirements for employers and employees.

Changes to probation periods: The MoHRE may review and potentially adjust the current probation period of six months for new employees.

Social security contributions: The government may consider adjusting the social security contribution rates for employers and employees.

Important note: These are potential changes and may not be confirmed until official announcements from the MoHRE. It's always advisable to stay updated with the latest news and regulations from reliable sources like the MoHRE website or legal professionals specializing in UAE labor law.