Beyond Real Estate: The Strategic Role of Escrow in UAE-Gulf Business

Escrow services in the UAE are a powerful tool for safeguarding transactions and are not limited to the real estate sector. While the use of escrow accounts for off-plan property sales is perhaps the most well-known application, the legal framework and commercial offerings in the UAE have expanded to cover a wide range of business dealings.

Laws and Regulations

The legal landscape for escrow in the UAE is governed by a combination of federal and local laws, as well as the regulations of specific free zones. The primary goal is to ensure transparency, security, and the protection of all parties involved in a transaction.

• Real Estate Escrow Law (Dubai): This is the most prominent and widely enforced escrow regulation. Law No. 8 of 2007 concerning Escrow Accounts for Real Property Development in the Emirate of Dubai mandates that developers selling off-plan properties must open a project-specific escrow account with an approved bank. The purpose is to ensure that buyers' funds are used solely for the construction of that specific project, with funds released to the developer in stages as construction milestones are met. The Dubai Land Department (DLD) and its regulatory arm, the Real Estate Regulatory Agency (RERA), oversee this process.
• Federal and Commercial Laws: Beyond real estate, the concept of escrow is supported by broader legal frameworks. The UAE Commercial Transactions Law (Federal Law No. 18 of 1993) and other federal laws provide the legal foundation for commercial contracts and obligations, which are essential for creating and managing escrow agreements in various sectors.
• Financial Free Zones: The UAE's financial free zones, such as the Dubai International Financial Centre (DIFC) and Abu Dhabi Global Market (ADGM), have their own robust regulatory frameworks. Institutions within these zones are governed by their respective authorities (DFSA in DIFC and FSRA in ADGM) and have strict standards for financial transactions, including escrow services for fintech and other financial dealings.

Beyond Real Estate: Other Escrow Applications

Escrow is used as a strategic shield in a variety of other sectors in the UAE, providing security and trust in high-value or complex transactions.

• Mergers and Acquisitions (M&A): Escrow accounts are critical in M&A deals to hold funds, such as a portion of the purchase price, to cover post-closing obligations, representations, and warranties. This protects both the buyer and seller from potential disputes after the deal is finalized.
• Corporate Transactions: Escrow is used for a variety of corporate dealings, including share transfers and venture capital funding. It ensures that funds are only released when all legal, due diligence, and contractual requirements have been met.
• Construction and Procurement: For large-scale construction projects, escrow contracts can be used to safeguard payments to contractors. Funds are often released in phased milestones, ensuring financial accountability and timely project delivery.
• Cross-Border Trade: In international trade, escrow services mitigate risks for both buyers and sellers. A neutral third party holds the payment until the goods are delivered and inspected, protecting the interests of both parties.

Banks and Escrow Service Providers

A number of banks in the UAE are approved to act as escrow agents, especially for real estate projects. These institutions are regulated by the Central Bank of the UAE and the relevant local authorities like the DLD. Additionally, there are specialized escrow service providers, including digital platforms, that cater to various commercial needs.

Some of the banks and financial institutions that offer escrow services in the UAE include:

• Abu Dhabi Commercial Bank (ADCB)
• Abu Dhabi Islamic Bank (ADIB)
• Commercial Bank of Dubai (CBD)
• Dubai Islamic Bank (DIB)
• Emirates NBD
• Mashreq Bank
• RAKBANK (National Bank of Ras Al Khaimah)
• First Abu Dhabi Bank (FAB)
• Sharjah Islamic Bank
• United Arab Bank

It is important to note that the list of approved banks for real estate escrow accounts is maintained by regulatory bodies like the Dubai Land Department and can change. For commercial escrow, a number of these banks and other specialized financial service providers offer tailored solutions for M&A, trade, and other corporate transactions.

  ⚠️ Disclaimer: This post is for general informational purposes only and not legal advice. For specific guidance, please consult a UAE legal professional.

𝐃𝐮𝐛𝐚𝐢 𝐋𝐚𝐰 𝐍𝐨. (𝟕) 𝐨𝐟 𝟐𝟎𝟐𝟓: 𝐂𝐨𝐧𝐭𝐫𝐚𝐜𝐭𝐢𝐧𝐠 𝐒𝐞𝐜𝐭𝐨𝐫 𝐑𝐞𝐟𝐨𝐫𝐦 𝐓𝐡𝐚𝐭 𝐃𝐞𝐦𝐚𝐧𝐝𝐬 𝐀𝐭𝐭𝐞𝐧𝐭𝐢𝐨𝐧

Dubai has officially entered a new era of construction governance with the enactment of 𝐋𝐚𝐰 𝐍𝐨. (𝟕) 𝐨𝐟 𝟐𝟎𝟐𝟓, a sweeping reform that reshapes how contractors operate, qualify, and scale within the Emirate. For those of us facilitating cross-border ventures and funding corridors, this law is not just regulatory—it’s strategic.

𝐖𝐡𝐚𝐭 𝐭𝐡𝐞 𝐋𝐚𝐰 𝐃𝐨𝐞𝐬

Issued under the leadership of HH Sheikh Mohammed bin Rashid Al Maktoum, this law introduces:

• A 𝐮𝐧𝐢𝐟𝐢𝐞𝐝 𝐜𝐨𝐧𝐭𝐫𝐚𝐜𝐭𝐨𝐫 𝐫𝐞𝐠𝐢𝐬𝐭𝐫𝐲 managed by Dubai Municipality and linked to the Invest in Dubai platform.
• A professional classification system based on financial, technical, and administrative capacity.
• Mandatory competency certification for engineers and technicians.
• A binding code of conduct governing safety, ethics, and subcontracting.
• A new oversight committee to monitor compliance and resolve disputes.
  
  

https://lnkd.in/eVhE5ekc

🧭 Who It Affects

This law applies to all contractors operating in Dubai, including those in free zones. Exemptions are rare and subject to Executive Council approval (e.g., airport-related activities).

Why It Matters

For Gulf facilitators, ESG-aligned investors, and regional franchise builders, this law offers:

Strategic Benefit	Description
Investor Confidence	Transparent classification and licensing reduce risk.
Operational Clarity	Defined standards simplify onboarding and compliance.
Scalability	Registered contractors gain faster access to approvals and funding.
Risk Mitigation	Unlicensed or non-compliant operators face penalties and exclusion.

🔍 What You Should Do

If you're advising contractors, onboarding franchisees, or structuring JV deals in Dubai:

• Verify registry status before engagement.
• Update onboarding sheets to reflect new compliance requirements.
• Educate partners on certification and classification thresholds.
• Avoid delays—non-compliance now carries reputational and financial risk.

Penalties for Violations

The law imposes strict penalties for non-compliance. Fines can range from AED 1,000 to AED 100,000 for a first offense. For repeat violations within one year, fines can be doubled up to a maximum of AED 200,000.

More severe violations could lead to:

• Suspension from contracting activities for up to one year.
• Downgrading of a contractor's classification.
• Removal from the official registry.
• Cancellation of commercial licenses.
• Suspension or de-registration of technical staff.

This law is a wake-up call for legacy operators and a green light for disciplined builders.

Let’s raise the bar—professionally, ethically, and operationally.

#DubaiLaw7of2025 #ContractingReform #ESGCompliance #OperationalExcellence #LegacyBuilding 

⚠️ Disclaimer: This post is for general informational purposes only and not legal advice. For specific guidance, please consult a UAE legal professional.

Sharjah Extends Probation: A New Era for Government Employees

Sharjah, UAE - July 29, 2025 - In a significant move highlighting its commitment to performance and talent retention, the Emirate of Sharjah has reportedly extended the probation period for its government employees to nine months. This development, flagged as an "alert" in today's Khaleej Times, signifies a specific local policy refinement that aims to provide a more comprehensive assessment period for new hires within the Sharjah government sector.

While the exact details of today's announcement are emerging, this local directive from Sharjah builds upon existing frameworks for public sector employment in the UAE, which have historically allowed for longer probationary periods than the private sector.

Federal Context: A Look at Existing Laws

It's crucial to understand this against the backdrop of broader UAE labour legislation:

• UAE Federal Decree-Law No. 33 of 2021 (Private Sector): This is the overarching law governing the private sector in the UAE. It explicitly sets a maximum probation period of six months. This law aims to standardize employment practices and ensure fair treatment, with clear guidelines for termination and notice periods even during probation.
• Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government: This law, which came into effect on January 2, 2023, governs human resources in the federal government. It stipulates that an employee appointed for the first time shall be subject to a probationary duration of six months, which "can be extended for a similar period if the employee performance during the first period is low." This effectively allows for a potential probation period of up to 12 months for federal government employees, depending on performance. This provision has been in place for some time, with reports dating back to 2018 also mentioning the possibility of extending probation for federal employees to up to nine months.

Sharjah's Latest Move: A Local Emphasis

Today's alert in Khaleej Times regarding Sharjah's new nine-month probation period indicates a direct and possibly standardized policy within the Sharjah government. This isn't necessarily a contradiction of federal law, but rather an application or specific implementation of the flexibility allowed for government entities to manage their human resources.

The extension to nine months for Sharjah government employees suggests an emphasis on:

• Thorough Assessment: A longer period allows for a more in-depth evaluation of an employee's skills, adaptability, and cultural fit within the government department.
• Performance Development: It provides more time for new employees to acclimatize to their roles and for managers to provide guidance and feedback, potentially leading to better long-term retention.
• Strategic Talent Management: By extending the probationary window, Sharjah may be aiming to ensure that only the most suitable and high-performing individuals are confirmed into permanent government roles, aligning with the emirate's vision for efficient public service.

This decision underscores Sharjah's proactive approach to human resource management within its public sector, aiming to foster a robust and high-performing workforce dedicated to the emirate's progress. New and prospective government employees in Sharjah should be aware of this extended assessment period as they embark on their careers within the emirate's public service.

 #SharjahGovt,  #UAEHR,  #ProbationPeriod  #GovernmentJobs

 

⚠️ Disclaimer: This post is for general informational purposes only and not legal advice. For specific guidance, please consult a UAE legal professional.

𝐔𝐀𝐄 𝐁𝐚𝐧𝐤𝐬 𝐭𝐨 𝐏𝐡𝐚𝐬𝐞 𝐎𝐮𝐭 𝐒𝐌𝐒 & 𝐄𝐦𝐚𝐢𝐥 𝐎𝐓𝐏𝐬, 𝐌𝐚𝐧𝐝𝐚𝐭𝐞 𝐀𝐩𝐩-𝐁𝐚𝐬𝐞𝐝 𝐀𝐮𝐭𝐡𝐞𝐧𝐭𝐢𝐜𝐚𝐭𝐢𝐨𝐧 𝐒𝐭𝐚𝐫𝐭𝐢𝐧𝐠 𝐉𝐮𝐥𝐲 𝟐𝟓

Abu Dhabi, July 24, 2025 – In a landmark move to strengthen cybersecurity across the financial sector, UAE banks will begin transitioning away from One-Time Passwords (OTPs) sent via SMS and email, replacing them with app-based authentication methods starting 𝐅𝐫𝐢𝐝𝐚𝐲, 𝐉𝐮𝐥𝐲 𝟐𝟓. This directive, issued by the 𝐔𝐀𝐄 𝐂𝐞𝐧𝐭𝐫𝐚𝐥 𝐁𝐚𝐧𝐤, is part of a national strategy to modernize digital banking and safeguard customers against rising cyber threats.

• 𝐊𝐞𝐲 𝐇𝐢𝐠𝐡𝐥𝐢𝐠𝐡𝐭𝐬  𝐨𝐟 𝐭𝐡𝐞 𝐓𝐫𝐚𝐧𝐬𝐢𝐭𝐢𝐨𝐧:
• 🗓️ Phased Rollout: While implementation begins immediately, full discontinuation of SMS/email OTPs is mandated by March 2026. During this period, some institutions may maintain transitional access.
• 📱 Secure App-Based Verification: Customers will authenticate transactions through their bank’s mobile app using technologies such as push notifications, biometrics (facial recognition or fingerprint), or secure PIN codes.
• 🔒 Improved Cyber Defense: The shift addresses vulnerabilities like SIM swapping and phishing associated with traditional OTP channels, strengthening trust between banks and authenticated devices.
• 🏗️ Infrastructure Modernization: This transition underscores the UAE’s commitment to building a resilient financial ecosystem, in alignment with global best practices.
• 👥 Customer Readiness: Banks are advising users to update their banking apps and enable in-app verification features to ensure uninterrupted access and security.

The initiative mirrors similar reforms in Singapore, Malaysia, and other digital-forward economies, highlighting the UAE’s proactive stance in financial security innovation.

  #UAEBankingReform, #DigitalSecurityUAE, #NoMoreSMSOTPs,  #AppAuthentication

 #CyberSecureBanking,  #UAEFinancialInnovation, #CentralBankUAE

 

⚠️ Disclaimer: This post is for general informational purposes only and not legal advice. For specific guidance, please consult a UAE legal professional.

Navigating Your Next Career Move in the UAE: Contracts, Clauses, and Compliance Unpacked

UAE Job Market

Switching jobs in the UAE involves understanding the country's comprehensive labor laws, particularly Federal Decree-Law No. 33 of 2021 regarding the Regulation of Employment Relationship (the "UAE Labour Law"), and its executive regulations. This law, effective as of February 2, 2022, brought significant changes, including the mandatory transition to limited-term contracts for private-sector employees.

Here's a breakdown of contracts, clauses, and compliance when switching jobs in the UAE:

1. Types of Employment Contracts:

• Limited-Term Contracts (Fixed-Term): This is now the default for all private-sector jobs in the UAE.
• They have a clear start and end date.
• The maximum duration was previously 3 years, but this restriction has been eliminated, allowing parties to agree on any duration.
• They must clearly define salary, benefits, and responsibilities.
• Early termination typically requires a written notice (minimum 30 days) and may involve compensation, depending on the terms.
• Unlimited-Term Contracts (Open-Ended): While these existed before, the law mandated a transition of all existing unlimited-term contracts to limited-term contracts by mid-2025. New hires generally operate under limited-term contracts.

2. Key Clauses and Compliance when Switching Jobs:

• Notice Period:
• If you wish to terminate your contract and switch jobs, you must adhere to the notice period stipulated in your employment contract. This is typically 30 to 90 days, though a shorter period can be agreed upon.
• During probation, if an employee wishes to resign to leave the UAE, they must give 14 days' notice. If they intend to join another UAE company during probation, they must provide a minimum of one month's written notice.
• Non-Compete Clauses (Article 10 of UAE Labour Law and Article 12 of Cabinet Decision No. 1 of 2022):
• Employers can include a non-compete clause in the employment contract if the employee has access to business secrets or is aware of the employer's clients.
• Validity Conditions: For a non-compete clause to be legally enforceable, it must clearly define:
• Geographical scope: It cannot be overly broad (e.g., global).
• Time limit: It cannot exceed two years from the date of contract expiry.
• Nature of work: The restricted work must genuinely harm the legitimate interests of the employer.
• When a non-compete clause may be void:
• If the employer terminates the contract in violation of the law (e.g., arbitrary dismissal).
• If the contract is terminated during the probationary period.
• For certain professional categories in demand in the national labor market (as determined by the Minister).
• If the worker or new employer pays compensation not exceeding three months of the worker's wage to the previous employer, with their written consent.
• If the employer agrees to the switch to a competing company despite a valid non-competition clause, it may be considered a waiver of their right to enforce it.
• Probationary Period:
• The probation period cannot exceed six months.
• If an employee resigns during probation to join another company in the UAE, they must give at least one month's written notice.
• If an employee resigns during probation to leave the UAE, they must give 14 days' written notice.
• If the employer terminates during probation, they must give 14 days' prior notice.
• The probation period counts as part of the employee's service if they continue working after it.
• End-of-Service Gratuity:
• Employees who complete one year or more of continuous service are entitled to gratuity upon termination.
• The calculation differs based on service length:
• Less than 5 years: 21 days' basic salary for each year of service.
• 5 years or more: 30 days' basic salary for each year exceeding the first five years.
• The total gratuity should not exceed two years' salary.
• MOHRE Approval and Registration:
• All employment contracts must be registered with the Ministry of Human Resources and Emiratisation (MOHRE) within 14 days of signing.
• Any changes to the contract (e.g., promotion, salary adjustment) must be agreed upon in writing by both parties and updated with MOHRE.
• Labor Bans:
• The UAE Labour Law aims to ensure worker mobility. However, certain circumstances might lead to a labor ban, such as violating contract terms (e.g., not serving the notice period) or specific legal issues.
• It's crucial to follow proper termination procedures to avoid potential bans.

3. General UAE Labour Law Information (Federal Decree-Law No. 33 of 2021 and its Executive Regulations):

The UAE Labour Law provides a comprehensive framework for private sector employment, covering aspects such as:

• Wages and Compensation: While there's no universal minimum wage, salaries must be sufficient to cover basic needs. Regulations cover overtime, bonuses, and timely payment via the Wage Protection System (WPS).
• Working Hours and Leave: Specifies maximum working hours, weekly rest, official holidays, and various types of leave (annual, sick, maternity, parental, etc.).
• Employee Rights and Welfare:
• Protection against discrimination.
• Provisions for occupational health and safety.
• Mandatory health insurance for employees (employer's responsibility).
• Protection from forced labor.
• Right to retain personal documents (passports).
• Termination of Employment: Outlines valid reasons for termination, notice periods, and calculation of end-of-service benefits.
• Dispute Resolution: Provides a mechanism for resolving labor disputes, starting with MOHRE and potentially escalating to the competent courts if an amicable settlement is not reached. MOHRE also offers a free legal consultation service (80084) in multiple languages.
• Work Models: The law introduces various work models, including full-time, part-time, temporary, and flexible work, to enhance market flexibility.

Official Sources for UAE Labour Law:

For the most accurate and up-to-date information, always refer to the official sources:

• Ministry of Human Resources & Emiratisation (MOHRE): This is the primary government authority for labor affairs in the UAE private sector. Their website (www.mohre.gov.ae) provides access to Federal Decree-Law No. 33 of 2021 and its executive regulations, FAQs, and services for employees and employers.
• UAE Legislation Portal: (uaelegislation.gov.ae) This platform, managed by the General Secretariat of the UAE Cabinet, serves as a unified and updated destination for all in-force legislations in the UAE.

Important Note: While this provides a general overview, specific situations can be complex. It is highly advisable to seek legal counsel from a qualified labor lawyer in the UAE for personalized advice regarding your specific contract, clauses, and circumstances when considering a job switch.

 

⚠️ Disclaimer: This post is for general informational purposes only and not legal advice. For specific guidance, please consult a UAE legal professional.