Decree No. (47) of 2013
Establishing the
Musabah Al Fattan
Charitable Foundation[1]
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We, Mohammed bin Rashid Al
Maktoum, Ruler of Dubai,
After perusal
of:
The
Establishing Document of Musabah Al Fattan Charitable Foundation, attached to
this Decree; attested by the Notary Public of Dubai; and signed by the
Promoter, Mr. Musabah Rashid Al Fattan Al Falasi, a national of the United Arab
Emirates who resides in Dubai; and
The
application, submitted by Mr. Musabah Rashid Al Fattan Al Falasi, for establishing
the Foundation as a legal person pursuant to a decree issued by Us,
Do hereby issue this Decree.
The
following words and expressions, wherever mentioned in this Decree, will have
the meaning indicated opposite each of them unless the context implies
otherwise:
|
The
United Arab Emirates. |
UAE: |
|
His
Highness the Ruler of Dubai. |
Ruler:
|
|
The
Emirate of Dubai. |
Emirate:
|
|
The
Musabah Al Fattan Charitable Foundation established pursuant to this Decree. |
Foundation: |
|
The
establishing document and charter of the Foundation. |
Establishing
Document: |
|
Musabah
Rashid Al Fattan Al Falasi. |
Promoter: |
|
The
board of trustees of the Foundation. |
Board
of Trustees: |
Pursuant
to this Decree, and in accordance with the Establishing Document attached
hereto, a private foundation named the "Musabah Al Fattan
Charitable Foundation" is established. The Foundation will have an
independent legal personality, and the full capacity to act in accordance with
its objectives, the provisions of this Decree, and the Establishing Document.
The
head office of the Foundation will be located in the city of Dubai.
The Foundation may establish branches within and outside of the Emirate.
The
Foundation aims to provide charitable, humanitarian, cultural, and other public-benefit
services within and outside of the UAE. For this purpose, the Foundation will:
1. establish, and contribute to establishing and supporting, mosques;
Islamic cultural centres; Islamic research centres; and
foundations that focus on increasing awareness of the Islamic heritage and civilisation and highlighting their role in shaping the human civilisation;
2. contribute to establishing and supporting educational institutions of
all types and levels, academic research centres, and public libraries; offer
study and research scholarships for students and researchers; and
support translation and publishing endeavours;
3. contribute to establishing and supporting hospitals, medical centres,
and rehabilitation centres; and provide medical and therapeutic aid to the
needy;
4. contribute to establishing and supporting charitable housing projects,
orphanages, elderly homes, nurseries, and disabled care
centres;
5. contribute to environmental protection and preservation projects;
6. launch and organise awards in the name of the Promoter to honour
scholars, researchers, and thinkers in all fields of science, knowledge, and
literature;
7. establish companies and corporations for the purpose of
achieving the objectives of the Foundation stipulated in this Decree in
accordance with the legislation in force in the Emirate and the procedures
adopted by the Department of Economic Development;
8. contribute to projects that aim to generate financial revenues for the
Foundation to enable it to achieve the objectives stipulated in this Decree;
and
9. contribute to supporting any projects or activities whose purposes are
in line with the objectives of the Foundation.
The
Capital of the Foundation consists of:
1. a sum of twenty-five million Dirhams (AED 25,000,000.00), fully paid up
by the Promoter; and
2. any movable or immovable property to be allocated to the Foundation.
The
Foundation will be managed and operated pursuant to this Decree, the
Establishing Document, and any amendments to be made to the Establishing
Document in accordance with the rules stipulated therein.
Effective
as of the date on which this Decree comes into force, neither the Promoter nor his
heirs may renege on establishing the Foundation or cancel its Establishing
Document.
Higher Authority of the Foundation
Article (8)
The
Promoter will be the higher authority, and will undertake full
supervision, of the
Foundation. The Promoter will have the authority to
approve all types of decisions, and the Board of Trustees will be bound to
implement any such decisions.
Board of Trustees
Article (9)
a. The Foundation will have a Board of Trustees, comprised of not less than
six (6) and not more than nine (9) members known for their competence and
integrity. The Board of Trustees members
will be appointed, and removed
from office, in accordance with the provisions of the Establishing Document.
b. The first Board of Trustees will be formed, in accordance with the
Establishing Document, of the following persons:
1. Mr. Raed Musabah Rashid Al Fattan Al Falasi, as chairman;
2. Mr. Rashid Musabah Rashid Al Fattan Al Falasi, as vice chairman;
3. Mr. Mohamed Musabah Rashid Al Fattan Al Falasi, as member;
4. Mrs. Raeda Musabah Rashid Al Fattan Al Falasi, as member;
5. Mrs. Hend Musabah Rashid Al Fattan Al Falasi, as member; and
6. Mrs. Latifa Musabah Rashid Al Fattan Al Falasi, as member.
c. Where, at any time and for any reason, the Board of Trustees cannot be
constituted in accordance with the provisions of the Establishing Document, or
where the number of Board of Trustees members falls below six (6), the Board of Trustees will be constituted, or its vacancies
will be filled, pursuant to a decree of the Ruler.
Dissolving the Board of Trustees
Article (10)
Where the property of the Foundation is used for any purpose that contradicts with its objectives, or where acts of gross
mismanagement of the Foundation are committed, in violation of this Decree and
the provisions of the Establishing Document, the Ruler may issue a resolution
dissolving the Board of Trustees and appointing a new Board of Trustees to
replace it.
Amending the Establishing Document
Article (11)
The Promoter, or the Board of Trustees after the death of the Promoter, may amend the provisions
of the Establishing Document, save for those related to the name; head office; objectives; reduction of the
capital; or existence of the Foundation. Any such amendment must be
made in accordance with the rules stipulated in the Establishing Document, and
the amending document must be lodged with the Community Development
Authority.
Property of the Foundation
Article (12)
The Board of
Trustees may not exchange all or any of the moveable and immoveable property
allocated or designated to the Foundation for any other property, unless
the Foundation would gain an
actual benefit from the exchange. This exchange may only be effected pursuant to a resolution of the
Board of Trustees passed by a two-thirds majority of its members.
Financial Resources of the Foundation
Article (13)
The financial resources of the Foundation will
consist of:
1. the
capital of the Foundation in the amount of twenty-five million Dirhams (AED
25,000,000.00);
2. any movable
and immovable property allocated to the Foundation; and
3.
proceeds from the assets and investments
owned by the Foundation.
Dissolving and Liquidating the Foundation
Article (14)
a.
The Foundation will be dissolved and liquidated if it becomes
unable to achieve its objectives due to insufficiency or total loss of its capital. The Foundation may not
be dissolved or liquidated for any other reason.
b.
The Foundation will be dissolved and liquidated pursuant to a
decree issued by the Ruler.
Transfer of Ownership of the Foundation Property
Article (15)
In the event of liquidation of the property of
the Foundation pursuant to the provisions of Article (14) of this Decree, the
Government will determine the entity to which the property
remaining
after liquidation will be transferred. In this
case, that entity must have the same objectives for
which the Foundation is established.
Commencement and Publication
Article (16)
This Decree comes into force on the day on which
it is issued, and will be published in the Official Gazette.
Mohammed bin Rashid Al
Maktoum
Ruler of Dubai
Issued in Dubai on 19 December 2013
Corresponding to 16 Safar 1435 A.H.
©2020 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.