Amending
Law No. (9) of 2020
Regulating Family Property in the
Emirate of Dubai[1]
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We, Mohammed bin Rashid Al Maktoum, Ruler
of Dubai,
After perusal of:
Federal Law by Decree No. (37) of 2022 Concerning Family Businesses;
Federal Law by Decree No. (31) of 2023 Concerning Trusts;
Law No. (4) of 2013 Concerning Notaries Public in the
Emirate of Dubai and its amendments;
Law No. (9) of 2020 Regulating Family Property in the
Emirate of Dubai (the “Original Law”);
Law No. (20) of 2021 Establishing the Department of Economy
and Tourism in the Emirate of Dubai;
Decree No. (45) of 2022 Establishing the Dubai Centre for
Family Businesses in the Emirate of Dubai; and
Resolution No. (14) of 2023 Forming the Tribunal for
Settlement of the Disputes of Family Businesses and Family Property in the
Emirate of Dubai,
Do
hereby issue
this Law.
Articles (2), (6), (17), and
(23) of the Original Law are hereby superseded by the following:
The following words and
expressions, wherever mentioned in this Law, will have the meaning indicated
opposite each of them unless the context implies otherwise:
Emirate: |
The Emirate of Dubai. |
Ruler: |
His Highness the Ruler of Dubai. |
Family: |
The spouse, and the blood relatives and in-laws up
to the fourth degree. |
Family Property: |
The movable and immovable property; Copyright and
Related Rights; Industrial Property Rights of Patents, Industrial Drawings
and Models; trademarks; and other rights subject of a Family Property
Contract. |
Family Property Contract: |
An agreement concluded by Family members who are
engaged together in business, or have common interests, to regulate Family
Property that is co-owned by them in undivided shares and determine the
method of management of such property. |
Partner: |
A party to a Family Property Contract or an Heir who
expresses, whether in person or through his legal representative, his
intention to be a party to the Family Property Contract. |
Heir: |
A legitimate successor to the estate of a Partner. |
Manager: |
A natural or legal person who is appointed by the
Partners to manage the Family Property. |
Tribunal: |
The Tribunal for Settlement of the
Disputes of Family Businesses and Family Property in the Emirate of Dubai
formed pursuant to the above-mentioned Administrative Resolution No. (14) of
2023. |
To be valid, a Family Property
Contract must meet the following requirements:
1.
All parties to the contract must be
members of a single Family.
2.
All parties to the contract must be
engaged together in business or have a common interest.
3.
The share of each Partner must be
determined in the Family Property Contract.
4.
The parties to the Family Property
Contract must own, or have the right to dispose of, the property subject of the
Family Property Contract.
5.
The Family Property Contract must be
attested by a Notary Public in accordance with the rules and procedures
stipulated in the above-mentioned Law No. (4) of 2013.
6.
The Family Property Contract must be
registered in the designated register maintained by the Department of Economy
and Tourism (the “DET”), in accordance with the relevant procedures and
rules approved by the DET Director General.
7.
The Family Property Contract must not conflict
with public order.
A Family Property Contract will
determine the duties and powers of the Manager. In particular, the Manager
will, unless otherwise agreed in the Family Property Contract, have the duties
and powers to:
1.
propose investment opportunities and
projects aimed at fostering the growth of the Family Property;
2.
directly manage the Family Property;
3.
distribute dividends and other
benefits generated from the jointly owned property to Partners in the manner
and percentages stipulated in the Family Property Contract;
4.
deduct from the dividends and other
benefits payable to any Partner any amounts owed by that Partner to the Family
Property;
5.
request the Tribunal to remove any
Partner from the Family Property Contract and sell his share in the Family
Property to other Partners where that Partner fails to fulfil his obligations under
this Law, the other legislation in force in the Emirate, or the Family Property
Contract;
6.
represent the Family Property before
judicial authorities, Government entities, and third parties;
7.
open and manage bank accounts in his
capacity as the representative of the Family Property;
8.
obtain the necessary licences,
permits, and approvals from the concerned Government entities to conduct any
activities related to the utilisation of the Family Property, as required by
the applicable legislation;
9.
obtain approvals from the concerned
entities to enable Partners to lease out and manage the real property that
forms part of the Family Property; and
10. seek
the assistance of any person as he deems appropriate in managing the Family
Property.
Subject
to the provisions of Article (3) of the above-mentioned Resolution No. (14) of
2023, the Tribunal will hear all the Disputes that arise from Family Property
Contracts in accordance with the procedures and rules it adopts in this
respect.
This Law 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 4 September 2024
Corresponding to 1 Rabi al-Awwal 1446 A.H.
©2025 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.