Office Feed

Facts worth knowing about our office

We welcome our new colleague Madeleine Haller

Ms Haller has been admitted to the Bar in Germany since 2017 and will focus her work at ANDERS LEGAL CONSULTANCY on Employment and Corporate & Commercial, including company formations.

Publication on Labour Law

Company set up in Dubai Airport Freezone with approval of Dubai Civil Aviation Authority

At present, we are setting up a free zone company (FZCO) in Dubai Airport Freezone (DAFZ) for our client that has specialised in the renovation and refurbishment of the interior fittings of private jets. Apart from the coordination of the entire establishment process, including the drafting all required documents and the leasing of the warehouse space of the FZCO, we are organising the application to obtain an external approval of the supervisory authority, in this case the Dubai Civil Aviation Authority (DCAA).

Deregistration of free zone companies in Dubai South

Currently, we are liquidating several companies which are licensed in the free zone Dubai South. For this purpose, we are coordinating the applicable procedures to deregister the respective licenses as well as terminating the existing tenancy contracts with Dubai South. Furthermore, we are drafting settlement agreements between the shareholders in order to allow for a smooth cancellation of the companies from the registers and the distribution of all remaining assets between the shareholders. We are also liaising closely with the respectively appointed auditors with regard to the preparation of the liquidation reports.

Negotiation of lease terms and conditions for indoor playground

We are supporting our client, a co-partner of a limited liability company (LLC) based in Dubai, in the negotiations for the rental of the premises of the LLC. The LLC intends to operate a new type of indoor playground on the property. Therefore, it is of vital importance to strengthen the rights of the LLC as a tenant as well as to stipulate specific responsibilities to be observed by the landlord. Pivotal topics are a mutual confidentiality obligation as well as a right to a say or right to veto the performance of marking activities and the usage of the company name of the LLC by the landlord.

Exchange of LLC's local shareholder

We are currently assisting in the transfer of shares in a Dubai-based limited liability company (LLC) from one local majority shareholder to another. In addition, we are supporting the client in granting new powers of attorney to the members of the LLC's board of directors as well as in revoking existing powers of attorney.

Successful Termination of Unregistered Distributorship

Our client aimed at amicably terminating the legal relationship with its distribution partner in the UAE. As a first step, we verified that the distribution agreement had not been registered with the local Commercial Agency Register and, thus, the significant protections a distributor could benefit from under the UAE Commercial Agency Law did not apply. In close cooperation with the German-based lawyers of our client, we have then reviewed and revised a settlement agreement from a UAE legal perspective which was ultimately signed by both parties.

We welcome Kristina dela Peña to our team

Ms dela Peña is a certified public accountant and will work in our accounts department.

Publication on Company Law

Publication on Tax Law

Timely adoption of MoAs and AoAs as well as powers of attorney for general managers to new Commercial Companies Law

Initially, a deadline until 30.06.2016 to comply with the new regulations had been set. After an extension of one year was given to existing companies to adjust their positions, limited liability companies (LLCs) are now expected to amend their memoranda and articles of association until 30.06.2017. We have recently assisted a number of our clients in preparing the required documents as well as attending the meetings with the notary public and the licensing authority.

Appointment of HR Signatories for DMCC Companies

Effective 26.02.2017, new standard operating procedures have been introduced in the free zone Dubai Multi Commodities Centre (DMCC). As a result, all free zone companies licensed in DMCC have to mandatorily appoint an HR Signatory who has to affix his electronic signature on all required documents associated to employment and visa related matters. Applications shall thus be processed faster, more efficiently and paperless. We are currently assisting several clients with the appointment of their respective HR Signatory by raising the necessary application through the DMCC online portal as well as subsequently accompanying the applicant to an appointment at DMCC for the verification of his personal data and his authorization in the system. Further, we are supporting such HR Signatories who are currently staying abroad in arranging a video conference with an employee of DMCC which replaces their personal appearance at DMCC.

Completion of registration process at RTA for car rental

Upon having received its license, the limited liability company (LLC) of which our client is the minority shareholder was not permitted to conduct its business activity in Dubai - renting out luxury vehicles - straight away. Instead, the registration process of the LLC at the responsible supervisory authority, the Roads and Transport Authority (RTA), had to successfully be completed beforehand. In particular, we assisted the general manager of the LLC with his participation in a mandatory seminar on the usage of the online system which has to be used when leasing vehicles as well as the subsequent appointments at Dubai Police and RTA. After the successful completion of all procedural steps, the LLC will now be able to register vehicles in its own name and to rent them out to its clients.

Exchange of LLC's local shareholder

On behalf of our client, we have arranged for a transfer of shares in a limited liability company (LLC) and prepared the documents required, such as the share sale agreement, the amendment of the LLC's memorandum and articles of association, new powers of attorney, inter alia for the LLC's general manager, as well as the cancellation of existing powers of attorney. Furthermore, we have accompanied our client to the notary public and handled the amendment of the LLC's commercial license.

Registration as Sub-Distributor with Dubai Civil Defence

We have previously assisted our client with the addition of an activity to the license of a DMCC company whose majority shareholder it is. In order to be able to actually conduct this activity, the DMCC company now has to register with the competent authority, namely Dubai Civil Defence. Hence, we are not only supporting our client in compiling all documentation needed but are also drafting the required sub-distribution agreement. Furthermore, we are coordinating the process with Dubai Civil Defence in order to ensure that relevant deadlines are complied with.

VDMA Dubai-Meeting

Pia Eiler will represent ANDERS LEGAL CONSULTANCY and give a lecture about the Dubai Health Insurance Law and the new UAE Bankruptcy Law. The event is organized by the German Engineering Association (VDMA) and will take place in Dubai on 17.11.2016.

Publication on Tenancy Law

Checking on entries in the Commercial Agency Register and designing alternative distribution concepts

At present, we are supporting a British company in obtaining full information on the distributor registered for the client in the Commercial Agency Register of the UAE Ministry of Economy. We are applying for register excerpts as well as duplicates of registered contracts. In addition, we are advising our client on creating alternative sales concepts which aim at increasing the client's market presence and turnover generated in the regional market.

Bonus Agreement drafted

Our client, an IT service provider operating throughout the GCC, has commissioned us to draft an agreement entitling its employees to bonus payments should they fulfill particular performance related objectives.

Publication on Commercial Agency Law

Restructuring existing LLC

In extensive conversations with our client, we have first identified the actual requirements for the limited liability company (LLC). Currently, we are examining in close dialogue with the competent authorities the LLC's current license, particularly in light of the scope of activity permitted and potential territorial limits applying to such license. Once the need for adjustment is defined, we will amend the LLC's Memorandum and Articles of Association. In addition, in order to facilitate the exercise of the rights of the partners as well as the LLC's management in the United Arab Emirates, we will draft various powers of attorney for our client.

Renting apartment in Sharjah

On behalf of our client who currently does not reside in the UAE, we are searching a suitable apartment for rent in the Emirate of Sharjah. In order to do so, we are conducting several viewings and preparing all documents required to successfully lease the chosen premises. Subsequently, we will review and sign the tenancy contract, connect the necessary utilities and register the tenancy contract with the concerned authority utilizing the power of attorney granted to us by the client.

Settlement agreement with distributor

Our client has sought our advice on reviewing a settlement agreement to terminate an existing distribution contract and delete the distributor's entry in the Commercial Agency Register.

Partners' resolution on distribution of profits

For our client, a minority shareholder of a limited liability company established in the territory of the UAE, we have drafted a partners' resolution regarding the distribution of profits generated by the LLC. Special attention has been paid to balancing the relation between the partners on the one hand and the compliance with legal requirements on the other hand.

Manufacturer of security technology appoints distributor for sale of products in the UAE

Since local authority regulations specify that, as an exception, our clients' products may only be imported into the UAE by a distributor registered with the Ministry of Economy, we have drafted a respective distribution agreement by making use of the legal possibilities in the most advantageous manner for the manufacturer. Subsequently, we have lent our support with regard to the legalization of the signatures of the principal, the translation of the contract into Arabic as well as the registration of the same with the ministry.

Business woman active in textile industry establishes free zone company in Ras Al Khaimah Free Trade Zone

In close collaboration with our client, we are coordinating the set up process with the responsible authority and are preparing the required documentation. Simultaneously, we are planning the application of her residence visa to ensure that the client can start taking operative action at the earliest possible time.

Renewal of License, Tenancy Contract and Establishment Card for another license year

At present, we are organizing the annual renewal of the license, the tenancy contract and the establishment card of a branch located in Dubai Multi Commodities Centre (DMCC) on behalf of our client, a company based in Italy. For this purpose, we are initiating the application procedures through the DMCC Online Member Portal, are providing the free zone authority with all documents necessary for the respective renewals and are coordinating the payment of the applicable renewal fees.

Publication on Company Law

Establishment of an LLC in the Emirate of Abu Dhabi

The particularity of this mandate is safeguarding the position of one of four shareholders. Thus, we are paying special attention to the drafting of the Memorandum and Articles of Association of the limited liability company (LLC) and the various Powers of Attorney.

Establishment of a dependent subsidiary in Dubai Design District

We are currently supporting a furniture manufacturer based in Southern Europe in establishing a dependent subsidiary (Branch) in the free zone Dubai Design District (d3). The Branch shall represent its mother company locally, promote its products and provide closer proximity to customers. As part of the establishment process, we are taking care of the cooperation with the concerned authority and are preparing the complete documentation for the client.

Exchange of director and secretary of JAFZA Offshore Company and cancellation of powers of attorney

We are assisting our client in the dismissal of the current and the appointment of a new director and secretary. For this purpose, we are coordinating the application process with the Jebel Ali Free Zone Authority (JAFZA) and are drafting all documents necessary for the exchange. Furthermore, we are ensuring that granted Powers of Attorney are effectively cancelled.

Share transfer in DAFZA successfully completed

We arranged for an internal share transfer of a Free Zone Establishment in Dubai Airport Freezone (DAFZA) within a large German group of companies. In cooperation with the respective legal departments, we prepared the documentation required for the share transfer, guided the client through the legalization processes in Germany and the UK, organized the translation of all documents into Arabic and handled the communication with DAFZA.

Former trainee lawyer publishes article about her experiences

Transfer of shares of DMCC company from natural to corporate person with subsequent exchange of company officers

Our client is transferring his shares in a free zone company established in Dubai Multi Commodities Centre (DMCC) in 2015 to a Swiss company. In the course of this procedure, we are assisting in the compilation of the required documentation for the submission to DMCC and conducting the application process through the DMCC Online Member Portal. In addition, we will be handling the dismissal of the current and the appointment of the new officers of the company once the share transfer has been completed.

Adapting Memoranda & Articles of Association of LLCs to new Commercial Companies Law

Currently, we are amending the memoranda and articles of association of existing limited liability companies (LLCs), which are established in the territory of the UAE, to align the provisions with Federal Law No. 2 of 2015. A deadline until 30.06.2016 to comply with the new regulations has been set.

Publication on Real Estate

Follow us on LinkedIn or Xing

On our social media accounts, we post on regular basis articles about current legal developments in the UAE.

Publication on Company Law

We welcome our new colleague Dr. Anna-Luisa Lemmerz

Dr. Lemmerz has been admitted to the Bar in Germany since 2009 and will focus her work at ANDERS LEGAL CONSULTANCY on Commercial Agency and Business Set Up.

Publication on Company Law

Compulsory Health Insurance in the Emirate of Dubai – What You Should Know

Introduction of shift work pattern for production site in JAFZ

Our client plans to introduce shift work to manufacture its products at a site in the Jebel Ali Free Zone (JAFZ). In this context, we are currently conducting research regarding the legal prerequisites for a model that allows a round-the-clock production.

German company in the field of structural fire prevention establishes branch in Dubai

In order to set up of a dependent subsidiary (Branch) in the Emirate of Dubai, we are drafting the necessary contracts and organizing the compilation of the required documents in Germany, including legalization and translation. Further, we are responsible for obtaining the Branch's license issued by the Dubai Department of Economic Development (DED) and, subsequently, the registration of the Branch with the Ministry of Economy (MoE).

British manufacturer of plastic pipes leases industrial unit as production site in JAFZ

We assist our client in negotiating the terms and conditions of a sublease agreement for an industrial unit in the Jebel Ali Free Zone (JAFZ).

Medical service provider establishes free zone company in DMCC

After having successfully assisted a Dutch company active in the field of medical tourism with the establishment of a subsidiary in the free zone Dubai Multi Commodities Centre (DMCC), we are currently supporting the client in applying for residence visas for the employees of the DMCC company. Since the free zone authority mandatorily requires its member companies to provide suitable health insurance coverage for its employees as from 01.01.2015, we are also involved in obtaining quotations for insurance premiums and coordinating with the health insurance brokers.

Enforcement of labour claims after termination

At the moment we are advising an employee of a Dubai subsidiary of a Dutch group of companies about her rights arising from being terminated by her employer, in particular concerning compensation due to unfair dismissal and gratuity. Furthermore, we have informed our client that she is not obliged to sign any waiver of rights.

Cyprian company successfully sells property in Dubai

The challenge of this particular mandate was to reliably clarify with the concerned authority, the Dubai Land Department (DLD), which documents would be required to sell a property owned by a foreign entity. Thereafter, we ensured that the needed documentation was not only available in its entirety but also in the proper form and in due time for the property transfer.

German company specialized in security technology establishes free zone company in DMCC

We are currently supporting the client in setting up a free zone company in Dubai Multi Commodities Centre (DMCC). Due to the chosen license activity, our mandate additionally includes obtaining an external approval of the Dubai Police - Department of Protective Systems.

Publication on Company Law

Purchasing property in JAFZ to establish regional hub

For our client, we are examining the transfer agreements for an industrial building located in the Jebel Ali Free Zone (JAFZ). Furthermore, we are advising regarding the set up of a free zone company in JAFZ.

10-year anniversary of ANDERS LEGAL CONSULTANCY

We remain passionate and committed to our main objectives - cooperating with our clients to find customized and innovative solutions concerning both small and large projects in the UAE. We are looking forward to the next 10 years!

We welcome Cosima Friz to our team

Cosima Friz studied law in Germany and assists us in legal works. Furthermore, Cosima maintains our legal data base and heads the reception.

Exchange of national service agent

We support a German company, which maintains a dependent subsidiary (Branch) in the Emirate of Dubai, in exchanging the national service agent (NSA) of the Branch. We prepare the notice of termination to the current NSA, draft the agreement with the designated new NSA and coordinate the exchange with the concerned authorities.

Tenant seeks renewal of tenancy contract for remaining rental period

We counsel our client regarding her rights as a tenant after having received a valid eviction notice due to the sale of the leased property, which includes the renewal of the tenancy contract for the period between the expiry of the current contract and the eviction notice taking effect.

Publication on Labour Law

VDMA event on law in the Gulf region

Dr. Ines Anders will represent ANDERS LEGAL CONSULTANCY and give a lecture about terms and conditions of sale as well as company formation in the UAE. The event will take place at the headquarters of the German Engineering Association (VDMA) in Frankfurt am Main, Germany, on 19.05.2015.

NOC of DLD at reduced transaction fee obtained

In order to transfer the shares of a JAFZA offshore company, which owns a property in Dubai, a no objection certificate (NOC) issued by the Dubai Land Department (DLD) is required. Generally, the fees for such a transaction amount to 4% of the property value. As in the present case, however, the current shareholders of the JAFZA offshore company and the ultimate beneficial owners of the new shareholder were identical, the DLD reduced the fees to 0.125% of the property value corresponding to the applicable gifting fees after having reviewed the extensive documentation submitted by us for this purpose.

Quality label "Certified Expert" awarded

Switzerland Global Enterprise (SGE) has named ANDERS LEGAL CONSULTANCY as the currently only Certified Expert in the field of law for the United Arab Emirates. SGE advises and guides SMEs from Switzerland and Liechtenstein in their international business ventures.

Exchange of management of company in TechnoPark

We have successfully completed the exchange of the director, manager and secretary of a branch licensed with TechnoPark by coordinating the administrative procedures at the Jebel Ali Free Zone Authority (JAFZA), the TechnoPark Authority and the local notary public. Moreover, we assisted the new manager to become the authorized signatory of the company's bank accounts.

Long-established Bavarian company launches distribution office in Dubai

We are guiding our client through the set up of a limited liability company (LLC) for the regional trade with industrial minerals.

Office fit out in Jumeirah Lakes Towers

After the successful establishment of a subsidiary in the free zone Dubai Multi Commodities Centre (DMCC), we are furthermore supporting our client in its endeavour to fit out its leased office space by coordinating the necessary steps to obtain the required approvals and no objection certificates from the involved authorities.

Publication on Commercial Agency Law

Launch of our new website

On our newly launched website, we invite you to learn more about our office and catch up on the latest business and legal news from the United Arab Emirates.

Revision of distribution agreement

Due to a change in its company structure our client is currently renegotiating the existing agreement with its local distributor and has sought our advice on amending the contractual stipulations to its advantage.

Tenant opposes unlawful eviction notice and demands renewal of tenancy contract

Our scope of services covers the review of the validity of the current tenancy contract and the possibility of a belated registration in the EJARI system of the Dubai Land Department as well as the negotiations for renewing the tenancy contract.

Manufacturer of medical devices and hygiene products opens subsidiary in DMCC

Apart from consulting with regard to setting up in Dubai Multi Commodities Centre (DMCC), we are assisting our client in opening the company's bank account and obtaining residence visas for the employees of the newly formed free zone company.

Publication on Tenancy Law

Establishment of a JAFZA offshore company

We are supporting our clients to set up an offshore company under the umbrella of the Jebel Ali Free Zone Authority for the purpose of purchasing a signature villa on The Palm, Jumeirah. Additionally, we act as the registered agent of that offshore company.

Personnel handbook for free zone company

For our client based in the Jebel Ali Free Zone, we are reviewing and editing its personnel handbook and adapting it to the locally applicable labour law.

Danish developer and manufacturer of pump solutions establishes branch in Dubai Silicon Oasis

As part of our support in setting up a branch in the free zone Dubai Silicon Oasis (DSO) we are coordinating the legalisation and translation of documents to be used for local authorities.

Purchase of land on The Palm, Jumeirah

We are assisting our client in the acquisition of a plot of land on The Palm, Jumeirah by obtaining the required approvals of the Dubai Land Department for the partition of the plot and the new title deed issued in the client's name at the time of property transfer.

German manufacturer of floor coatings establishes limited liability company in Dubai

As part of the establishment of a limited liability company (LLC) in the territory of the Emirate of Dubai, we are supporting our client, amongst others, in drafting the Memorandum and Articles of Association, preparing the administrative application documents, searching for a suitable local partner and leasing the office space.

Publication on Labour Law