At Cap Advisory, we offer a comprehensive service of drafting, reviewing, and registering contracts that meet the unique requirements of our clients. Our seasoned lawyers and other specialists assist in multiple contractual aspects, including leasing, employment, distribution, and investment, the most common types they encounter. With us, all your contracts are enforceable and safeguard your business and relationships.
In UAE, navigating the complexities of contract law and business regulations is essential for securing your commercial interests and protecting your rights. Whether you are dealing with simple agreements or complex commercial contracts, ensuring your agreements are clear, comprehensive, and compliant with UAE law is crucial to avoid potential disputes down the line.
At Cap Advisory, we offer a comprehensive service of drafting, reviewing, and registering contracts that meet the unique requirements of our clients. Our seasoned lawyers and other specialists assist in multiple contractual aspects, including leasing, employment, distribution, and investment, the most common types they encounter. With us, all your contracts are enforceable and safeguard your business and relationships.
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For a contract to be legally binding under UAE law, the following key elements must be present:
Yes, rent increases in the UAE are regulated through the Dubai Land Department's Rental Index, which sets limits on how much rent can be increased annually. Rent hikes are only allowed at the end of the lease period, and landlords must follow the guidelines to ensure that the increase is fair and within the legal limits. This regulation provides tenants protection from arbitrary rent hikes
The UAE's investment regulations provide an opportunity for 100% foreign ownership in select sectors through the Commercial Companies Law. However, certain strategic industries, such as oil, gas, and defense, remain subject to ownership restrictions. Investment agreements must reflect these regulations, clearly defining the rights and roles of foreign investors within the company. To navigate these complex laws, investors should work closely with legal advisors to structure their agreements in compliance with UAE laws on foreign investments, ensuring that ownership percentages and governance structures are legally sound.
A shareholders' agreement in the UAE governs the relationship between shareholders of a company, defining key aspects like profit sharing, decision-making processes, and the management of business operations. While UAE law doesn’t mandate formal written agreements, it’s highly recommended to have a written shareholders' agreement to prevent future disputes. It can address shareholder rights, duties, and protections, especially regarding management roles, capital contributions, and the transfer of shares. The agreement can also establish special majorities for significant business decisions, ensuring fair protection for all stakeholders, including minority shareholders.
To register a ship mortgage in the UAE, it must be executed through an official instrument in Arabic, notarized, and registered with the National Transport Authority (NTA). The mortgage must cover a specific vessel and specify loan amounts, maturity dates, and interest, if applicable. The registration process ensures that the mortgage is valid and enforceable. It’s also important to consider whether the mortgage complies with UAE law regarding interest rates and public policy.
A distribution agreement in the UAE outlines the terms between manufacturers and distributors for the sale of products within a specified territory. These agreements help avoid conflicts by defining rights, obligations, and responsibilities of both parties. Essential clauses may include product pricing, territory exclusivity, payment terms, and the handling of intellectual property rights (IPR). It's crucial for businesses in the UAE to establish such agreements to protect their operations and avoid legal disputes.
Franchise agreements in the UAE must comply with specific legal requirements to be enforceable. A key requirement is that the franchise agreement must be notarized and, in some cases, registered with the UAE Ministry of Economy. For registration to be possible, the franchisee must be a UAE national or a wholly UAE-owned entity. Additionally, the agreement should grant exclusivity over the franchise’s operations within the UAE or a specific part of it.
Yes, an employer can terminate an employee without notice in the UAE under certain conditions. These include severe misconduct, such as fraud, theft, or violent behavior, or if the employee violates critical safety protocols or commits a criminal offense. However, the termination must be backed by a written investigation and clear evidence. Employees are entitled to compensation for the notice period if the employer does not follow the correct procedure.
In UAE, businesses or individuals facing financial distress can file for bankruptcy under the UAE Bankruptcy Law. The process begins by submitting a preventive settlement or bankruptcy application to the Bankruptcy Department within 60 days of ceasing payments or realizing they are unable to meet their financial obligations. Debtors are prohibited from disposing of assets once the application is filed. Small debtors (those with assets under AED 1,000,000 for individuals or AED 2,000,000 for entities) can utilize a simplified procedure to initiate bankruptcy proceedings, making it easier for smaller businesses to restructure or liquidate if necessary.
A joint venture (JV) is a business partnership where two or more companies collaborate on a specific project or business goal, while maintaining their independence. In the UAE, joint ventures are particularly advantageous for foreign investors seeking to establish a presence in the region. By partnering with a local business, you can benefit from shared risks, access to local market knowledge, and compliance with local regulations. Understanding the fundamentals of joint ventures in the UAE is essential before pursuing this type of collaboration.
Foreign Direct Investment (FDI) in the UAE offers international investors the opportunity for 100% foreign ownership in specific sectors. Recent changes to UAE's FDI laws have made the market even more accessible. FDI enables businesses to tap into the UAE’s favorable tax regime, strategic location, and legal protections, especially in industries like energy, financial services, and technology
An effective Non-Disclosure Agreement (NDA) is essential to protect sensitive business information such as trade secrets, customer data, and intellectual property. In the UAE, NDAs are frequently used in vendor agreements, consultancy contracts, and joint ventures to prevent unauthorized disclosure of confidential business information.
Construction contracts in the UAE need to include clear terms on scope of work, timelines, payment schedules, quality standards, and dispute resolution. Compliance with UAE civil code and local regulations is vital, especially with the construction industry’s specific standards and the need for legal clarity on project execution.
We make sure that every agreement is clear, compliant, and specifically designed to safeguard your interests. Allow us to assist you in navigating legal complexities with confidence and ease.