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UAE Cabinet Issues the Executive Regulations of the Financial Restructuring and Bankruptcy Law

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Earlier this year, on May 1st, the UAE's Financial Restructuring and Bankruptcy Law ("New Law") officially came into force, marking a significant shift in the legal landscape for financial restructuring and bankruptcy proceedings. One of its key effects is the automatic transfer of cases and applications that were pending before the Courts under the provisions of the Old Bankruptcy Law to the competent Bankruptcy Court(s), ensuring a seamless continuation of proceedings.

Following the New Law's enforcement, the UAE Cabinet published the Executive Regulations ("ER") on September 16th, identifying four key aspects related to the financial restructuring, preventive settlement, and bankruptcy applications ("proceedings"). They are:

 

1. Identifying the "Regulatory Authority":

The New Law refers to a "Regulatory Authority," now identified as the Central Bank and/or the Securities and Commodities Authority.

 

2. Identifying the Register's Data Required:

The New Law established the Bankruptcy Register (the "Register"), controlled by the Financial Restructuring and Bankruptcy Unit (the "Unit"). Three main sets of information will be required and included in this Register, pursuant to the ER:

  • Information related to judicial claims, parties, trustee, and controller.
  • Debtor's information (natural or corporate).
  • Judgments, decisions, and measures issued by the Bankruptcy Court.

 

3. Thresholds for Initiating the Proceedings:

There are three types of applications that can be submitted to initiate the proceedings:

  • A Debtor's application.
  • A Creditor(s)' application.
  • A Regulatory Authority's application.

Thresholds for all three applications vary in value and range between AED 300,000 (approximately 80K USD) for natural persons and AED 10,000,000 (approximately 2.7M USD) for corporate persons.

 

4. Deposit/Guarantee:

The ER stipulate that a financial guarantee of 5% of total debt/assets value shall be deposited, either in cash or as a bank guarantee, for initiating the proceedings. The deposit shall be made to the Bankruptcy Court's treasury.

 

The Executive Regulations are deemed to be in force as of 02 May 2024.

 

Bankruptcy

 

Nadim Al Jisr
By Nadim Al Jisr
Editorial Lead

Nadim Al Jisr joined Thomson Reuters in 2014 as a Content Specialist, then moved to oversee the Westlaw Middle East platform and manage its growth. Nadim holds a Bachelor’s Degree in Law and has more than 10 years of experience as a legal consultant and litigator in Lebanon, Saudi Arabia and UAE. Nadim is native Arabic speaker and proficient in English and French. Nadim is currently completing his Master’s Degree in Law. Nadim is currently the Editorial Lead heading the MENA Content Team.

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