21/03/2023 Business | H.E. Abdulla Ahmed Alsaleh Undersecretary of the Ministry of Economy,
4528 2
The UAE attaches great importance to providing
all necessary enablers to promote the growth of the country's private sector by
establishing the right foundations for a conducive environment for their
success and prosperity. These measures are also contributing to consolidating
global investor confidence in the UAE's business climate, in line with an
ambitious vision to transition towards a more flexible, competitive, and
sustainable economic model.
The development of a robust legislative
infrastructure is key to achieving these national ambitions. Based on this
conviction, the UAE government remains committed to continuously updating the
legislative system and ensuring the attractiveness of domestic business
environment. The Federal Decree Law No. 50 of 2022 on Commercial Transactions
is therefore seen as a qualitative shift in legislation, complementing the set
of recently-issued federal laws to drive forward economic transformation in the
country. The law further aligns with the Principles of the 50, the determinants
of the UAE Centennial 2071, the UAE Digital Government Strategy 2025, National
Policy for Quality of Digital Life, and the UAE strategy for the Fourth
Industrial Revolution.
Within this context, the Ministry of Economy, in
collaboration with its partners, drafted the new law on Commercial Transactions
to facilitate the operations of businesses in the country, facilitate
commercial transactions and contracts, enhance their efficiency, reduce the
cost of doing business, and enhance commercial stability. Besides, it
establishes a dynamic business environment that encourages domestic and foreign
investment flows, increasing the number of companies, business establishments,
traders, investors and entrepreneurs in the country's markets, and consolidates
the UAE's position on the global business landscape.
The new law addresses commercial transactions
from all aspects, including online commercial transactions, keeping pace with
the rapid developments in international trade and the growing interest in
virtual transactions. The law further addresses the banking system, including
Islamic banking and financial markets.
With regard to the part related to commercial
transactions, the law defines the general axes of commercial business, and
allows new age groups to practice business as it reduces the age of legal
capacity from 21 to 18 (Gregorian years) to practice business. This will
encourage youth participation in the business sector. Furthermore, the law
mainly targets traders, investors, owners of foreign companies, owners of
commercial projects and companies, banks and financial institutions, and
dealers in commercial papers within the UAE, and contractors who take up
commercial contracts.
The new law is further seen as proactive step in
legislation as it develops laws that are the first of their kind on virtual
commercial activities and transactions in the Arab world. It further legalizes
virtual and physical commercial documents, as well as services and businesses
related to virtual assets, to which applies the same provisions for physical
assets.
The decree-law also introduces a legal reference
for commercial transactions of banking institutions. It includes a package of
provisions designed to stimulate business growth and competitiveness, including
reducing the maximum interest rate on a commercial loan when not stipulated in
the contract to 9 percent instead of 12 percent; prohibiting compound interest;
obliging banks to obtain adequate insurances or guarantees in return for the
loans they offer, in contrast to the previous decree, which allowed obtaining
appropriate guarantees in exchange for loans. This provision aims to reduce the
premiums that burden individuals and institutions as a result of the
inappropriateness of the premiums to their income, which causes them financial
distress.
The decree-law recognizes the unified customs of
documentary credits issued by the International Chamber of Commerce, and
considers them part of the special system of documentary credits in the
country. Besides, it supports Islamic banking to enhance its role as an
important contributor to growth in the country by creating a section for
commercial transactions of Islamic financial institutions to regulate the
contractual relations between the parties to their transactions. The decree-law
considers commercial transactions to be subject to the provisions of Islamic
Sharia, as is the case for any transaction stipulated by any applicable
legislation to be subject to the provisions of Islamic Sharia, as long as it is
conducted through an Islamic financial institution. The decree-law introduces
special provisions for types of contracts and obligations to which Islamic
financial institutions are a party, such as contractual promise, Murabaha, and
Manufacturing Finance (Istisna).
In addition, the decree-law covers
the activities of markets and securities, and amends the provisions related to
organizing and establishing financial markets by obligating them to obtain the
necessary licenses in accordance with the legislation in force to regulate
securities in the country. It further authenticates virtual assets as business,
in addition to emphasizing the provisions governing the operations of the stock
market and the operations of investment companies, credit funds, financial
institutions and all other financial intermediation operations, brokerage in
the securities and commodities markets, lending with the guarantee of
securities, and the deposit of securities with the bank.
The new Commercial Transactions Law adds
significant value to the UAE's legislative ecosystem by facilitating the
seamless conduct of economic activities, stimulating entrepreneurship, and
strengthening the country's status as a leading destination for investment and
an incubator for the growth and expansion of companies and businesses. This
reflects the proactive approach adopted by the UAE government, and the
ambitious visions and strategies to consolidate the position of the national
economy as one of the most developed, prosperous and competitive global
economies in the era of the fourth industrial revolution.
Anonymous Commented on 07/05/2023
شكرا لمنح الشباب فرصه لمزاولة الأعمال
Anonymous Commented on 05/04/2023
جهود مقدرة من قبل الوازرة في دعم البيئة الاقتصادية.
If you need help, kindly contact:
Popular searches