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Whistleblowing Regime introduced by DFSA “Whistleblowers form a key part of a firm’s ability to detect, identify and escalate issues of misconduct, and the required Whistleblower policies and procedures play an important role in encouraging appropriate disclosures - F. Christopher Calabia, Chief Executive of the DFSA The Regime defines a…
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Establishing a Foundation in the UAE “Reliable structure needs a strong foundation and strong foundation requires investment” ― Guru Z.S. Gill UAE Foundations are an integral part of the country’s wealth management system. It is an independent legal entity. Foundations are usually created to protect the desires of the Founder being…
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Force Majeure Events and Contract Clauses in the GCC Force Majeure is a French word that means a greater force in English. It is connected to the concept of the Act of God, where there is an unexpected happening of event. Although, Force Majeure is an exception as it includes not…
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Inheritance Law in the UAE “A leader’s lasting value is measured by succession.” …
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ADGM Regulations for SPVs and Foundation “Regulation needs to catch up with innovation” The ADGM's Registration Authority published a consultation document in October proposing a regulatory regime for the use of CSPs in the ADGM. The public consultation began against the backdrop of rising interest in and success with incorporating…
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ADGM Data Protection Rules 2021-2022 “Availability of protection ensures reliability and timely access to data and resources to authorized individuals.” Organizations must emphasize educating about their responsibilities under the new ADGM Data Protection Regulations, conducting a disparity test to find whether their current systems are vulnerable or appropriate, considering any…
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Evolution of Fintech in the Middle East “The major winners will be the financial services companies that embrace technology.” With a population of about 600 million people, the Middle East is one of the world's most diverse areas, covering three continents and 21 countries. It is a culturally, politically, and…
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Buy Now, Pay Later (BNPL) offerings in the UAE and Legalities Surrounding them In these times of economic instability, and as the coronavirus continues to wreak havoc worldwide, buy-now-pay-later (BNPL) solutions are eclipsing credit cards more conveniently and transparently to fund transactions. E-commerce has developed over the last two years,…
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Dealing with Counterfeit in the UAE Introduction Businesses engaging with counterfeit items in the UAE now risk significantly harsher sanctions, again for legitimate brand owners. The maximum punishment for counterfeiting has been increased from AED 10,000 (about USD 2,700) to AED 1 million (approximately USD 275,000) for pharmaceutical and food…
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Decree 34 of 2021 and its impact on arbitration Decree No. 34 has been issued on Sept. 14, 2021, and took effect on September 20, 2021. The Decree canceled two arbitration organizations in Dubai: I the Arbitration Organization of the Dubai International Financial Centre ("DIFC"), which included the DIFC-LCIA arbitration…
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Federal Decree-Law Number 16 of 2021 on Factoring and Transfer of Civil Accounts Receivable The Government of the United Arab Emirates has recently brought in the Federal Decree-Law Number 16 of 2021 to deal with issues regarding the Factoring and Transfer of Accounts Receivable within the country. The New Law…
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Crypto Asset Regulation in the UAE - A Guide The sphere of crypto assets is continuously evolving in all spheres in the global area. The terminology is simultaneously advancing with terms such as crypto assets, cryptocurrencies, security tokens, etc. The regulation of these crypto-assets is a matter of frequent discussion…
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UAE to Join Madrid System in December 2021, Understanding the implications The Government of the United Arab Emirates has declared its move to join the Madrid Protocol System, which will come into force on the 28th of December 2021. The move indicates the UAE becoming the 109th country globally and…
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Enforcement of Arbitral Awards in UAE Enforcement is agreeing with a contract with an appropriate dispute resolution mechanism. The UAE introduced federal Law No.6 of 2018 on Arbitration in 2018. It clarifies the procedures to challenge the enforcement of an arbitral award before the onshore UAE courts. The arbitration law…
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