Decree No. (3) of 2005
Concerning Dnata Corporation[1]
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We, Maktoum bin Rashid Al Maktoum, Ruler of
Dubai,
After perusal of:
Decree No. (1) of 1987 Establishing Dnata
Corporation and its amendments,
Do hereby issue this Decree.
1. Dnata Corporation,
a corporation owned by the late Sheikh Rashid bin Saeed Al Maktoum, will be
converted into a public corporation (“Dnata”) owned by the Government of
Dubai.
2. Dnata will have legal
personality and financial and administrative autonomy, may sue and be
sued in its own name, and may, for this purpose, appoint any person to
represent it in judicial proceedings in which it is involved.
Dnata
will have the following objectives:
1. to conduct business as
general sales agents and agents for international passenger and freight airlines, to perform all tasks related to such business, and to
perform relevant agreements entered into with international airlines;
2. to solely and exclusively
conduct business as an international airlines ground
services agency at
Dubai International Airport with respect to transporting passengers and cargo,
including providing engineering and technical services. Dnata may also
conduct such business at other airports outside the Emirate of Dubai;
3. to provide
food catering services to aircrafts and other services at Dubai International
Airport or other airports outside of the Emirate of Dubai;
4. to provide computer
services to international airlines and other establishments, companies, and
individuals;
5. to organise recreational
trips and flights to and from Dubai at special fares, and to make arrangements
for ground services for flight operators;
6. to possess, take lease of,
and manage the buildings required to achieve the objectives of Dnata;
7. to conduct any other business
or provide any other service whatsoever; and
8. in general, Dnata will
conduct and undertake any business or services related to or which contribute,
directly or indirectly, to promoting the objectives of Dnata and generating
profits. Dnata will also draw, accept, and negotiate any negotiable
instruments, borrow funds with or without security, and act as surety and
provide guarantees to other persons. Further, Dnata may invest its funds in any
manner it deems appropriate, buy, own, sell, lease out, or otherwise dispose of
any of its moveable or immovable property, and hold shares in other companies.
Dnata may open branches
within and outside of the Emirate. It may also establish or own, solely or with
others, companies outside of the United Arab Emirates.
Dnata
will be represented and managed by a chairman (the “Chairman”)
appointed, from time to time, by the Government of Dubai.
The Government of Dubai will not
be liable to third parties for any debts or obligations claimed from Dnata or
the Chairman.
In the course of managing
and operating Dnata, the Chairman will not be liable to third parties for any
act or omission with respect to such management or operation. Dnata will be
solely liable to third parties for such act or omission.
1. Dnata may
borrow funds from any natural or legal person for any purpose whatsoever.
2. No entity may recover any
debt from, or enforce any obligation against, Dnata by way of seizure, taking
possession, sale by public auction, or acquisition by any other legal process,
of equipment, machinery, or other tangible assets owned by Dnata, whether or
not a definitive judgment with respect to such debt or obligation has been
rendered.
3. Notwithstanding the
provisions of paragraph (2) of this Article, the Chairman may, by way of a
written irrevocable resolution, exempt from compliance with the provisions of
the said paragraph, any creditor in respect of any debt or obligation owed by Dnata
to such creditor, or any guarantor of Dnata with respect to his guarantee. In
this case, Dnata may provide to such creditor or guarantor all guarantees
subject to any conditions that are agreed upon, including providing any of Dnata’s
assets and other property as security for payment of the debt or performance of
the guarantee or obligation.
1. Subject to the provisions
of paragraph (2) of this Article, the Chairman may, from time to time, issue
and amend the regulations and rules required to manage and operate Dnata. These
regulations and rules will be binding on all persons.
2. Without prejudice to its
exemption from liability pursuant to the Article (2) of this Decree, the
Government of Dubai may, at its own discretion, amend the above regulations and
rules, replace them, or exempt any person or entity from compliance with any or
all of their provisions.
3. The above regulations and
rules, and any amendments thereto, whether issued by the Government of Dubai or
the Chairman, will take effect as of the date on which they are issued.
This Decree comes into force as of January
2000, and will be published in the Official Gazette.
Maktoum bin Rashid Al Maktoum
Ruler of Dubai
Issued in Dubai on 14 February 2005
Corresponding to
5 Muharram 1426 A.H.
©2015 The Supreme
Legislation Committee in the Emirate of Dubai
[1]Every
effort has been made to produce an accurate and complete English version of
this legislation. However, for the purpose of its interpretation and
application, reference must be made to the original Arabic text. In case of
conflict, the Arabic text will prevail.