Board of
Directors Resolution No. (3) of 2020
Regulating the Award
of Dubai Endowment Sign and Provision of Consultancy by the
Mohammed bin Rashid
Global Centre for Endowment Consultancy[1]
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The Chairman of the
Board of Directors of the Awqaf and Minors Affairs Foundation,
After perusal of:
Law No. (9) of 2007 Establishing the
Awqaf and Minors Affairs Foundation;
Law No. (14) of 2017 Regulating
Endowments and Gifts in the Emirate of Dubai;
Law No. (17) of 2017 Establishing the
Mohammed bin Rashid Global Centre for Endowment Consultancy;
Law No. (11) of 2018 Affiliating the
Mohammed bin Rashid Global Centre for Endowment Consultancy to the Awqaf and
Minors Affairs Foundation;
Executive Council Resolution No. (3) of
2018 Forming the Board of Directors of the Awqaf and Minors Affairs Foundation
and its amendments; and
The presentation submitted by the Secretary
General of the Awqaf and Minors Affairs Foundation and approved by its Board of Directors,
Does hereby issue
this Resolution.
The following words and expressions, wherever mentioned in this
Resolution, will have the meaning indicated opposite each of them unless the
context implies otherwise
|
Emirate: |
|
|
AMAF: |
The
Awqaf and Minors Affairs Foundation. |
|
Board
of Directors: |
The
board of directors of the AMAF. |
|
Secretary
General: |
The
secretary general of the AMAF. |
|
MBRGCEC: |
The
Mohammed bin Rashid Global Centre for Endowment Consultancy. |
|
Endowment
Foundation: |
A
non-profit foundation which has legal personality, is licensed by the AMAF, is
funded exclusively by Endowment proceeds, and uses these proceeds to fund its
programmes, initiatives, and activities. |
|
Endowment: |
A
scheme under which the proceeds from endowed property are dedicated to
beneficiaries or to charity while keeping the principal intact. |
|
Gift: |
The
movable or immovable property which is donated in accordance with applicable
legislation for the benefit of an individual, a category of individuals, an
entity, an initiative, or a project. |
|
Dubai
Endowment Sign: |
A
sign awarded, in accordance with the requirements and procedures prescribed
by this Resolution, by the MBRGCEC to Persons who make Endowment-related
contributions to the community. |
|
Consultancy: |
This
includes consultancy requested from the MBRGCEC by Persons, at the local,
regional, or international level, with respect to any matter related to
establishing and managing Endowment Foundations or the development needs that
can be met by establishing Endowments and granting Gifts, with a view to
enhancing the social impact of Endowments and Gifts and benefiting the
community. |
|
Fee: |
An
amount determined pursuant to this Resolution and collected by the MBRGCEC in
return for providing others with Consultancy. |
|
Committee: |
The
Consultancy Fee Assessment Committee formed pursuant to this Resolution. |
|
Person: |
A
natural person or a public or private legal person. |
To be awarded the Dubai Endowment Sign, a Person must make
an effective contribution to the community by adopting and launching Endowment-related community initiatives.
This contribution must be proven through the following:
1.
The Person must submit a report on his
Endowment-related sustainable initiatives, projects, or contributions.
2.
Where
the
Person is a commercial, civil society, charitable, or Endowment establishment, he must have a
valid licence issued by the competent licensing authority in the Emirate.
3.
The Person must provide an undertaking that:
a.
he
will submit to the MBRGCEC an annual report on the activities in
respect of which he is awarded the Dubai Endowment Sign;
b.
all
the data and documents submitted by him to the MBRGCEC to be awarded the Dubai Endowment
Sign are accurate;
c.
he
will provide the MBRGCEC with all the data and information it requests, and will fully cooperate with AMAF
employees;
d.
he performs, and will perform, his work and activities in accordance with
the bylaws and regulations adopted by the MBRGCEC and the legislation in force
in the Emirate; and
e.
he
will use the Dubai Endowment Sign as per the relevant rules prescribed by the
MBRGCEC.
In awarding the Dubai Endowment Sign, the following procedures will
be followed:
1.
An
application for receiving the Dubai Endowment Sign will be submitted through
the MBRGCEC website on the form prescribed by it for this purpose, supported by the
required documents.
2.
The
MBRGCEC will consider the application to verify that it meets all relevant conditions
and that it is accompanied by all required documents. For this purpose, the
MBRGCEC may require any additional data, information, or documents it deems
necessary to determine the application.
3.
The
MBRGCEC will determine the application within thirty (30) days from the date of
its submission.
4.
Where
the application is rejected, the MBRGCEC will notify the applicant of the
reasons for rejection. Where the application is approved, the MBRGCEC will
issue a certificate to the applicant stating that he is awarded the Dubai Endowment Sign, and
will deliver the applicant the relevant insignia after registering the certificate in the
Dubai Endowment Sign register maintained by the MBRGCEC.
The Dubai Endowment Sign will be valid for a period of two (2)
years, renewable for the same period. An application for renewal must be
submitted to the MBRGCEC at least thirty (30) days prior to its expiry date.
Renewal of the Dubai Endowment Sign will be subject to the same conditions and
procedures prescribed for its initial award.
a.
The
design of the Dubai Endowment Sign will be adopted upon approval of the
same by the Secretary General.
b.
A Person awarded the Dubai Endowment Sign pursuant to this Resolution must
use the sign in the manner and as per the method prescribed by the MBRGCEC in this
respect.
The MBRGCEC may withdraw the Dubai Endowment Sign if the Person awarded the sign fails to meet any of the conditions
for awarding the same or fails to comply with the rules governing
its use.
In requesting consultancy, the following procedures will be followed:
1.
An
application for Consultancy, supported by the required documents, will be submitted to the MBRGCEC through its website and on the form it prescribes for this
purpose.
2.
The
MBRGCEC will consider the case for which the Consultancy is requested and will decide whether or
not to approve the application.
3.
After
notifying the applicant of the approval by the MBRGCEC to provide the Consultancy,
a contract will be concluded between the applicant and the MBRGCEC. This
contract will determine the rights and obligations of both parties, the period
within which the Consultancy will be provided, and the Fee for
providing the same.
a.
A
committee named the “Consultancy Fee
Assessment Committee” will be formed within the MBRGCEC. The Committee will be comprised of a chairman,
a vice chairman, and a number of experienced and specialised members, appointed
pursuant to a resolution of the Secretary General. This Resolution will
determine the terms of reference of the Committee, the procedures for holding
its meetings and passing its resolutions, and all matters regulating its work.
b.
The
Committee will be responsible for assessing the Fee that the MBRGCEC must charge
for providing Consultancy, in accordance with the Fee determination rules stipulated in
this Resolution.
The Secretary General will, pursuant to a resolution he issues in
this respect, prescribe the rules for assessing the Fee for providing
Consultancy by the MBRGCEC to others. In prescribing these rules, the
following must be taken into consideration:
1.
whether
the requesting entity is a for-profit or non-profit entity;
2.
the
nature, type, and scope
of the requested Consultancy;
3.
the
direct and indirect costs that the MBRGCEC will incur for providing the
Consultancy;
4.
the
effort and time to be spent, and the number of employees to be involved, in providing the
Consultancy;
and
5.
the
rates prevailing
in the market.
The Secretary General will issue the resolutions and instructions
required for the implementation of the provisions of this Resolution.
This Resolution will be published in the Official Gazette and will
come into force on the day on which it is published.
Essa Abdulla Al
Ghurair
Chairman of
the Board of Directors
Awqaf and
Minors Affairs Foundation
Issued in Dubai on 27 October 2020
Corresponding to 10 Rabi al-Awwal 1442 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.