The year 2021 has seen many critical changes being brought into the legal regime of the United Arab Emirates. The new changes have been critically aligned with the economic reforms initiated in the region that aim to build a flexible business environment in the UAE, one that furthers the economic prosperity. The United Arab Emirates is home to a multitude of ex-pat populations to the tune of almost ninety per cent of the total population, and inculcating the same, the new laws also aim to make the region more expat-friendly and adaptable.
The new changes have made amendments to almost forty laws in total, including some of the major changes made to the commercial company's law, the UAE penal code, the UAE trademarks law and the personal status laws.
UAE Companies Law: The most important changes made to the UAE companies’ law (Federal Law No. 2 of 2015 and its amendments) now allow 100 % foreign ownership limited to commercial and industrial activities, whereas professional business activities are excluded at this stage. With this change, a new UAE mainland company (as opposed to a free zone company) can be constituted with its full ownership rights vested with foreign ownership. This is a landmark change compared to the previous position wherein it was a mandatory requirement that 51% shareholding was vested with a UAE national. Additionally, a foreign company was not allowed to establish a new branch in the UAE without having nominated a UAE national as a local service agent. Now, branches of foreign companies licensed in the country can be changed into a commercial entity in the UAE. In another landmark reform, foreign investors are allowed to establish a single shareholder LLC company. Earlier to the amendment, this provision was reserved only for UAE nationals. However, the change applies only if the activity of the company does not fall under the 'strategic impact list'.
UAE commercial transaction law: The recent changes will be in force from January 2022, and the new amendments made to the UAE commercial transaction law (the UAE commercial transaction Federal law no. 18 of 1993 and its amendments) bring in narrowed criminality in matters concerning cheques. Pursuant to the new changes, only the following actions will invite criminal action, such as:
Intentionally falsifying of cheques;
Instances of fraud;
Providing counterfeit cheques;
Withdrawing the account balance before the date of the cheque encashment in order to prevent the cheque from being cleared.With the new amendments, partial payment on the cheque has also become mandatory. This applies if the amount available for payment is less than a given cheque's value, then the drawee bank is now required to pay the amount partially.
Personal Laws: There are other changes that have been made, including lifting the ban on alcohol consumption in the UAE for those who are above 21 years old, as well as changes in the penal code that decriminalizes co-habitation of the unmarried couple, which was previously a crime.
Digitalization Law: The UAE has also incorporated a digitalization strategy for 2021-2025 with the aim to bring in an enhanced digital infrastructure and a unified digital platform to support the integration of economic data for business sector services in the UAE.
Trademarks Law: A new trademark law has been affected (Federal Trademarks Law No. 36 of 2021), that allow for accelerated procedures and quicker issuance of licenses. In addition, the trademarks database will now be made a public registry with open access to all. Prior to the amendment, a trademark search was a paid service, and with the new changes, free digital access will be provided.
The new legal changes effected in the UAE pave the way for a new and modern era for the country, one that proves its attractiveness to global investors and innovators. The changes are aligned with the ambitions of the country to become the leading business hub and also to establish a well-diversified economy. The new changes are a welcome move that will certainly attract more foreign direct investment in the region as well as spurt further economic growth.
Dr. Hassan Elhais publishes analysis of UAE civil law matters, including civil disputes, contractual obligations and compensation claims. For readers researching lawyers in Dubai, his writing offers insight into the legal questions surrounding these topics. Explore his published work and practice-area information for further context.
I had the pleasure of consulting with Dr. Hassan AlHais, and I must say the entire experience was exceptional.The reception and meeting area were impeccably clean, quiet, and managed to the highest standards, creating a welcoming and professional atmosphere. View testimonial
Abdullah Client
Verified
His unwavering dedication to his clients, willingness to tackle challenging cases, and belief in the fundamental principles of justice highlight his role as both a guardian and advocate. Dr. Hassan's integrity stands as a testament to his professionalism. Additionally, his foresight and meticulous case preparation, anticipating courtroom dynamics and opposition strategies, not only secure victories but also garner the respect of clients and peers alike. View testimonial
Salam Amir Client
Verified
Dr. Hassan is brilliant. I have been working with him for more than 15 years. His work product and legal advice are of the highest caliber. Competent. Professional. Knowledgeable. Analytical and strategic thinker. Honest. Without exaggerating, Dr. Hassan is the best family litigator in the UAE. Highly recommend.
Abed Awad Client
Verified
I owe the success of my case to Dr. Hassan's diligent approach. He remained focused, put me at ease and always went the extra mile. Dr. Hassan tirelessly put my case in the best possible light and I cannot thank him enough. I would highly recommend Dr. Hassan - I am grateful to him from the bottom of my heart.
Raphael Lauria Manager, FME General Trading
Verified
Regardless of the complexity of the matter I know Dr. Hassan Elhais will consider not only legal strategy but also business practicalities in providing advice and litigation options.
Dr. Massimo Hakim Chairman, Italian Style
Verified
I recommend Dr. Hassan Elhais to anyone who says 'I'm in legal trouble'. I was extremely satisfied with the high standard of his work. He has always been there when I have needed him and I refer all my clients, family and friends to him/his firm.
Manish Gupta CEO, EDS FZE
Verified
Best lawyer in Dubai.
Aigul Beishembieva Client
Verified
Happy with the team of Mr. Hassan Elhais. Knowledgeable on UAE laws and i got the advice i was looking for. Highly recommended!
Mukesh Pandey Client
Verified
Dr. Hassan Elhais was very professional and he listened to my needs. He was very prompt, efficient and always kept me informed. Dr. Hassan Elhais's service was excellent and I would definitely recommend him to friends and colleagues.
James Horsley British Client
Verified
Their team of attorneys are not only highly knowledgeable and professional but also incredibly attentive to the needs of the client. They will provide you with a top-notch service every step of the way. The staffs are friendly, responsive, and always kept you informed about the progress of your case. I highly recommend this for anyone in need of legal assistance.
May Ann Adrias Client
Verified
...the extraordinary effort that has been exerted by the staff, and we specially thank Dr. Hassan Mohsen Alhais. Wishing your continues success & excellence...
H.H. Sheikh Saeed Bin Mohammed Hashir Al Maktoum
Verified
We are extremely happy to note that you won all three cases which we entrusted to you. Your superb handling ensured the result in our favour. We very much appreciate this and feel grateful to you. You not only won the cases, but managed to get the judgement executed without much delay..View testimonial
Chandru Malkani Client
Verified
Dr. Hassan Elhais is among the best legal consultants I have ever worked with. He has an amazing ability to reduce complex issues into a simple concept that non-legal people can understand. He consistently develops innovative litigation strategies that help us to achieve our ultimate legal goals.
Zhuo Liu Client
Verified
I believe everyone should recognize what a difference Dr. Hassan Elhais work has made to people's lives; and especially to our family's life, because we will remain forever grateful to each and every one of his team.
Luis Pozueco Client
Verified
Dr. Hassan Elhais never fears cases that involve exposure and he always gives me his honest assessment of our chances of success, which is invaluable to me.
Bassam Yamout Director, JM Metal Trading LCC
Verified
Dr. Hassan Elhais is a responsible, reputable counsel who operates to high levels of service.
British Client
Verified
Dr Hassan Elhais is responsive, thorough and creative with his advice, and is a valued advisor and legal consultant.
Asma Mattar Manager, Italian Style
Verified
Knowing Dr. Hassan for years now, I can say confidently he is the most trustworthy person I ever met, not only because he is very knowledgeable, smart and has a very high acumen, but also he is very dedicated and buying his clients and interest first..View testimonial
Ahmed Higazy Client
Verified
I have had nothing but exceptional work from Dr. Hassan, all my family and business related legal work goes to him. Having been in and out of Dubai since 2004 and having wasted money on bad legal advice elsewhere, I feel VERY qualified to say that he is absolutely the best in the UAE. Thank you Hassan.
Rich Firth Client
Verified
Dr. Hassan is the best lawyer in UAE I have dealt with, he is very professional and has consistently upheld the highest standards of professional ethics, ensuring that my best interests were always at the forefront. I wholeheartedly recommend Dr. Hassan to anyone..View testimonial
Hossam ElDeeb Client
Verified
Ex UK Senior management now running a busy business in Dubai that requires bulletproof corporate legal contracts that are customised to our unique needs. This includes everything from HR contracts to complex sales agreements. Dr. Hassan has undoubtedly proven to be the best legal expert we have encountered here..View testimonial
