Dubai Chambers Board of Directors Resolution No. (4) of 2023
Regulating Membership in the Dubai Chambers[1]
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The
Chairman of the Board of Directors of the Dubai Chambers,
Law No. (20) of 2021 Establishing
the Department of Economy and Tourism in the Emirate of Dubai;
Law No. (1) of 2022 Establishing the
Dubai Chambers;
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: |
The Emirate of Dubai. |
|
DET: |
The Department of Economy and Tourism in the
Emirate of Dubai. |
|
Dubai Chambers: |
The Dubai Chambers established pursuant to
the Law. |
|
Law: |
Law No. (1) of 2022 Establishing the Dubai
Chambers. |
|
Competent Entity: |
A Government department or entity in charge
of licensing economic activities in the Emirate, including the authorities
supervising Special Development Zones and free zones, such as the Dubai
International Financial Centre. |
|
Director General: |
The director general of the Dubai Chambers. |
|
Committee: |
The committee formed pursuant to this
Resolution to consider grievances against the decisions suspending membership
in, or denying the services of, the Dubai Chambers. |
|
Directorate: |
The Membership and Documentation Directorate
at the Dubai Chambers. |
a.
A person licensed by the DET to conduct any of the
commercial, industrial, agricultural, professional, or service activities
included in the relevant economic activity classification directory adopted by
the DET will become a member of the Dubai Chambers once a commercial or
professional licence is issued to him by the DET, in accordance with the
relevant rules and procedures adopted by the DET.
b.
The microenterprises, small-sized enterprises, and elementary
manual occupations and trades, determined by the Dubai Chambers in agreement
with the DET, will be exempt from the mandatory membership in the Dubai
Chambers pursuant to paragraph (a) of this Article.
a.
The following economic establishments may voluntarily
become members of the Dubai Chambers:
1.
the enterprises exempted from mandatory membership in the Dubai Chambers under paragraph (b) of Article (2)
hereof; and
2.
the economic, commercial, and industrial
establishments licensed to operate within Special Development Zones or free
zones, such as the Dubai International Financial Centre.
b.
The economic establishments referred to in paragraph
(a) of this Article may voluntarily become members of the Dubai Chambers in
accordance with the rules and procedures stipulated in this Resolution.
The voluntary membership
of microenterprises, small-sized enterprises, and elementary manual occupations
and trades in the Dubai Chambers will be governed by the following procedures:
1.
An application for membership in the Dubai Chambers
will be submitted on the forms, and as per the processes, prescribed by the
Dubai Chambers for this purpose, together with the following documents:
a.
a copy of the valid passport or Emirates Identity Card
of the owner of the establishment;
b.
a copy of the valid commercial or professional licence
of the establishment, issued by the DET; and
c.
any other documents requested by the Directorate.
2.
The Directorate will consider the application for
membership in the Dubai Chambers, review the documents attached to the
application, and notify the applicant of its decision to approve or reject the
application.
3.
The Directorate will register, on the members register
maintained by it, any establishment whose application for membership in the
Dubai Chambers is approved; and will issue that establishment with a membership
certificate, after payment of the relevant prescribed fees.
The voluntary membership
of the economic establishments licensed to operate within Special Development
Zones or free zones, such as the Dubai International Financial Centre, in the
Dubai Chambers will be governed by the following procedures:
1.
An application for membership in the Dubai Chambers
will be submitted on the forms, and as per the processes, prescribed by the
Dubai Chambers for this purpose, together with the following documents:
a.
a copy of the valid passport or Emirates Identity Card
of the owner of the establishment;
b.
a copy of the valid commercial or professional licence
of the establishment, issued by the competent licensing authority in the zone
in which the establishment is located; and
c.
proof of the approval by the competent licensing
authority, in the zone in which the establishment is located, of the membership of the establishment in the Dubai
Chambers;
d.
any other documents requested by the Directorate.
2.
The Directorate will consider the application for
membership in the Dubai Chambers, examine the documents attached to the
application, and notify the applicant of its decision to approve or reject the
application.
3.
The Directorate will register, on the members register
maintained by it, any establishment whose application for membership in the
Dubai Chambers is approved; and will issue that establishment with a membership
certificate after payment of the relevant prescribed fees.
a.
The term of membership in the Dubai Chambers will be
for the same period of validity of the commercial or professional licence
issued by the Competent Entity.
b.
The term of membership in the Dubai Chambers will be
renewed subject to the same procedures prescribed for initial application for
membership in the Dubai Chambers.
The Directorate may reinstate a member whose membership in the Dubai
Chambers is forfeited, for any of the reasons stipulated in the Law, subject to
the following rules:
1.
A membership reinstatement application must be
submitted to the Dubai Chambers on the forms, and as per the processes,
prescribed by the Dubai Chambers for this purpose, together with the documents
specified by the Directorate.
2.
The applicant for membership reinstatement must, at
the time of submitting the application, hold a valid licence to conduct an
economic activity in the Emirate.
3.
The Directorate must verify that the grounds for
forfeiture of the membership have ceased to exist.
4.
The fees prescribed for reinstatement of the
membership must be paid.
5.
Any amounts owed by the applicant to the Dubai
Chambers must be paid.
6.
At least two (2) years must have lapsed since the
forfeiture of membership, in case of an economic establishment that has
voluntarily become a member of the Dubai Chambers.
7.
The membership of the establishment must not have been
previously reinstated after being forfeited, where the establishment has
voluntarily become a member of the Dubai Chambers.
a.
A committee named the “Grievances Committee” will be
formed pursuant to a resolution of the Director General. This committee will be
comprised of employees of the executive body of the Dubai Chambers.
b.
The chairman or a member of the Committee must:
1.
not be a spouse or a relative, up to the fourth
degree, of the grievant;
2.
not be a party to the grievance submitted by the
grievant; and
3.
not have previously given an opinion on the grievance
or participated in issuing the challenged decision.
c.
The Committee will have jurisdiction to consider and
determine the grievances submitted against the decisions suspending membership
in the Dubai Chambers or denying their services. For this purpose, the
Committee will have the authority to:
1.
hear the statements of the grievant and examine the
documents supporting his grievance;
2.
summon, on its own initiative or upon the request of
the grievant, any person, as it deems appropriate, to hear his statements; and
3.
verify, in the manner it deems appropriate in this
respect, the validity of the grievance and the facts stated in the documents
attached thereto.
A grievance will be submitted to the Committee in writing and in
accordance with the relevant procedures adopted by it. The grievance
submissions must include the following information:
1.
the name, address, and contact details of the
grievant;
2.
a copy of the decision suspending the grievant’s
membership or denying him services; and
3.
the grounds and supporting documents of the grievance.
a.
A grievance against a decision suspending membership
in the Dubai Chambers or denying its services must be submitted within thirty
(30) days from the date on which the grievant becomes aware of that decision.
In case of failure, without an acceptable reason, to submit a grievance against
the decision within the prescribed time limit, no grievance may be submitted
afterwards against the same.
b.
The Committee must determine any grievance submitted
to it within thirty (30) days from the date of its submission. The decision
issued by the Committee in respect of the grievance will be final.
c.
The Committee will notify the grievant of its decision
in respect of the grievance within five (5) working days from the date of its
issuance.
a.
Meetings of the Committee will convene at the
invitation of its chairman, and will be valid if attended by the majority of
its members, provided that the Committee chairman is in attendance.
b.
The decisions of the Committee will be passed
unanimously or by majority vote of the attending members, and in the event of a
tie, the Committee chairman will have a casting vote.
c.
The decisions of the Committee must be reasoned.
d.
The decisions of the Committee will be recorded in
minutes signed by the Committee chairman and attending members.
e.
The Committee will have a rapporteur, who will be in
charge of coordinating the meetings of the Committee, preparing its meeting
agendas, recording the minutes of its meetings, and performing any other duties
assigned to him by the chairman of the Committee.
a. The Dubai
Chambers may exempt any of its members from membership renewal fees, in whole
or in part, in any of the following cases:
1.
delay in renewal of the licence of the economic
establishment due to legal proceedings related to that establishment;
2.
delay in renewal of the licence of the economic
establishment due to death of its owner or due to estate inventory procedures;
3.
delay in renewal of the licence of the economic
establishment for reasons attributed to the Competent Entity;
4.
delay in renewal of the licence of the economic
establishment due to an emergency or a force majeure; or
5.
delay in renewal of the licence of the economic
establishment due to any economic, social, or humanitarian reasons acceptable
to the Director General or his authorised representative.
b. Exemption, in
whole or in part, from payment of the Dubai Chambers’ membership renewal fees
will be granted based on the period of delay in renewing the membership.
a.
Exemption, in whole or in part, from payment of
membership renewal fees will be granted subject to the following requirements:
1.
The applicant for exemption must submit an application
for renewal of membership in the Dubai Chambers on the forms, and as per the
processes, prescribed by the Dubai Chambers for this purpose.
2.
Any of the cases warranting exemption from payment of
the membership renewal fees, as stipulated in paragraph (a) of Article (12)
hereof, must apply.
b.
Exemption from payment of the Dubai Chambers’
membership renewal fees will be governed by the following procedures:
1.
An exemption application must be submitted on the
forms, and as per the processes, prescribed by the Dubai Chambers for this
purpose. The application must be accompanied by documents proving that any of
the exemption cases stipulated in paragraph (a) of Article (12) hereof applies.
2.
Within three (3) working days from the date of
submission of an application for exemption from membership renewal fees, the
Directorate will consider the application, and the documents attached thereto;
and submit its recommendations regarding the same to the Director General or
his authorised representative to issue the appropriate decision in respect
thereof.
3.
The Director General or his authorised representative
will issue a decision approving or rejecting the exemption from payment of the
membership renewal fees within three (3) working days from the date of
submission by the Directorate of its recommendations in respect of the
application.
This Resolution will be published in the Official Gazette and will come
into force on the day on which it is published.
Abdulaziz Abdulla Al Ghurair
Chairman of the Board of Directors
Dubai Chambers
Issued in Dubai
on 28 February 2023
Corresponding to
8 Shaaban 1444 A.H.
©2024 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.