Law
No. (3) of 2008
Establishing
the
Dubai
Corporation for Event Management and Organisation[1]
ــــــــــــــــــــــــــــــــــــــــــــــ
We, Mohammed bin Rashid Al
Maktoum, Ruler of Dubai,
After
perusal of:
Law
No. (3) of 2007 Establishing the Financial Audit Department;
Law
No. (11) of 2006 Establishing the Investment Corporation of Dubai;
Law
No. (18) of 2006 Concerning Management and Realisation of the Public Funds of
the Government of Dubai;
Law
No. (1) of 2004 Establishing the Dubai Cultural Council;
Decree
No. (17) of 2001 Establishing the Dubai Golf Corporation;
Decree
No. (13) of 1992 Establishing a Public Corporation Named the “Dubai Creek Club”;
Decree
No. (2) of 1989 Establishing an Entity Named the “Emirates Golf Club”; and
Executive
Council Resolution No. (6) of 2008 Transferring the Property of the Dubai Golf
Corporation to the Dubai Real Estate Corporation,
Do hereby issue this Law.
This Law will be cited as “Law
No. (3) of 2008 Establishing the Dubai Corporation for Event Management and
Organisation.”
The following words and
expressions will have the meaning indicated opposite each of them unless the
context implies otherwise:
Ruler: |
His
Highness the Ruler of Dubai. |
Emirate: |
The Emirate
of Dubai. |
Government: |
The Government
of Dubai. |
DCEMO:
|
The Dubai Corporation for Event Management and
Organisation. |
Board of Directors: |
The board of directors of the DCEMO. |
Chairman: |
The chairman of the DCEMO. |
CEO: |
The chief executive officer of the DCEMO. |
Executive
Director: |
The executive director of the DCEMO. |
Events: |
Events relating to major sports and cultural
activities, including conferences, seminars, exhibitions, festivals,
concerts, stage productions, and contests. |
Affiliate:
|
Any corporation or commercial company wholly owned by the DCEMO or in which the DCEMO holds a share that allows the DCEMO to control the management of that corporation
or commercial company. |
Pursuant to this Law, a public
corporation named the “Dubai Corporation for Event Management and Organisation”
is established. The DCEMO will have legal personality, financial and
administrative autonomy, and the legal capacity required to undertake all acts
and dispositions that ensure the achievement of its objectives. The DCEMO may
enter into contracts with third parties and may sue and be sued in its own
name. It may also appoint any other person to represent it for such purpose. It
will conduct its business on commercial basis.
The head office of the DCEMO will
be located in Dubai, and the DCEMO may establish branches within and outside of
the Emirate.
The DCEMO will have capital of one hundred and fifty million Dirhams (AED 150,000,000.00) which may be increased pursuant to a resolution of the CEO.
The DCEMO will have the objectives to:
1. contribute, with international partners, to promoting the Emirate as an international centre for sports and cultural events, conferences, and exhibitions;
2. exclusively represent the Emirate in executing sports agreements (other than soccer or equestrian agreements) with international sports organisations;
3. contribute to establishing policies and criteria relating to sports and cultural events and to conferences and exhibitions that fall within the jurisdiction of the DCEMO in accordance with this Law;
4. attract international companies, organisations, agencies, clubs, conferences, and exhibitions and encourage them to invest in the Emirate;
5. support and sponsor human resources in the cultural and sports fields; and
6. contribute to the development of cultural and sports events and activities in the Emirate by attracting the best experts and by following international standards to develop these events.
For the purposes of achieving
its objectives, the DCEMO may:
1. conduct, organise, and develop sports
and cultural events, conferences, and exhibitions which are held in the Emirate
in accordance with the relevant policies and strategic plans;
2. establish, regulate, manage, and
invest in the sports and cultural facilities which are owned by the DCEMO or
which the DCEMO is assigned to manage;
3. use the name of the Emirate or any of its derivatives in conducting, organising, or sponsoring any sports event;
4. invest in commercial projects,
establish investment funds, and manage commercial corporations and companies;
5. establish or wholly own commercial corporations
and companies which fall within the jurisdiction of the DCEMO, or own shares in
these entities;
6. open and manage accounts in banks
based inside and outside of the Emirate, and obtain loans required for the
achievement of its objectives and those of its Affiliates; and
7. coordinate with sports and cultural
entities, establish the methods of cooperation and investment in these two
fields, and market sports and cultural activities internally and externally.
1. The net profits of the DCEMO for each
final year will be determined after deducting all current expenses and costs in
accordance with recognised accounting principles. The following percentages will
be deducted from the net profits of the DCEMO:
a. ten percent (10%) will be deducted as a legal reserve, and this deduction will continue until such legal reserve reaches fifty percent (50%) of the paid up capital. Deduction will resume whenever the legal reserve falls below the above-mentioned percentage; and
b. ten percent (10%) will be deducted as the Government share.
2. Pursuant to a mutual agreement, the
net profits will be divided between the DCEMO and the Investment Corporation of
Dubai after the above-mentioned deductions have been made.
1. The DCEMO will be chaired by a Chairman appointed pursuant to a decree of the Ruler.
2. A CEO will be appointed to the DCEMO pursuant to a decree of the Ruler. In performing his duties, the CEO will be responsible to the Chairman.
The
DCEMO will be managed by a Board of Directors chaired by the CEO. The Board of
Directors will be comprised of the CEO and at least five (5) members including a
deputy CEO. Members of the Board of Directors will be appointed pursuant to a
resolution of the Chairman of the Executive Council.
The
Board of Directors will be convened at the invitation of the CEO or his deputy,
in the absence of the CEO, at least once a month or where required. Meetings of
the Board of Directors will be valid if attended by the majority of its members
provided that the CEO or his deputy is in attendance. Resolutions of the Board
of Directors will be passed by a majority vote of attending members, and in the
event of a tie, the chair of the meeting will have the casting vote. Resolutions
of the Board of Directors will be recorded in minutes of meetings signed by the
chair of the meeting and attending members.
The
Board of Directors will undertake the general supervision of the
administrative, technical, and financial affairs of the DCEMO, and will issue
any resolutions and procedures it deems appropriate for the achievement of the
objectives of the DCEMO. This will include to:
1. establish the general policy,
programmes, and projects of the DCEMO and of its Affiliates;
2. obtain loans and the financing
required for the achievement of the objectives of the DCEMO and of its
Affiliates and provide all required guarantees and security for the same;
3. establish corporations and commercial
ventures, companies, representative offices, and branches wholly or partly
owned by the DCEMO, and buy and sell assets and shares in companies with
similar objectives;
4. approve the organisational structure
and the bylaws regulating the administrative and financial affairs of the DCEMO,
and submit these to the CEO for final approval;
5. approve the draft annual budget of the
DCEMO and submit it to the CEO for final approval;
6. propose increases to the capital of
the DCEMO and submit these to the CEO for approval;
7. approve the annual report on the activities
and the financial position of the DCEMO; and
8. own and take lease of the moveable and
immoveable property required for the achievement of the objectives of the DCEMO
and of its Affiliates; invest and dispose of this property; own and rent
intellectual property rights, marketing rights, technical know-how, and other
rights; and dispose of these in any legal manner including purchase, sale,
mortgage, and lease.
The CEO will have the powers and duties to:
1. conclude and execute the contracts and
agreements required for the achievement of the objectives of the DCEMO and of
its Affiliates, and delegate these powers and duties to the Executive Director;
2. approve the organisational structure
and the bylaws regulating the administrative, financial, and technical affairs
of the DCEMO;
3. approve increases to the capital of
the DCEMO;
4. approve the annual budget of the DCEMO;
5. represent the DCEMO before third
parties and the judiciary;
6. appoint auditors and determine their
remuneration at the beginning of each financial year; and
7. issue the bylaws, regulations, and
resolutions required for the implementation of this Law.
The
executive body of the DCEMO will be comprised of an Executive Director appointed
pursuant to a resolution of the CEO, and a number of administrative and professional
employees.
The Executive Director will have all the powers required to manage the affairs of the DCEMO including to:
1. implement the general policy and the
resolutions of the DCEMO;
2. open and manage accounts with banks
based within and outside of the Emirate in accordance with bylaws issued by the
CEO;
3. propose the organisational structure
and the bylaws regulating the administrative, financial, and technical affairs
of the DCEMO, and employee affairs and remuneration, ; and submit these to the
Board of Directors for approval;
4. prepare the annual budget of the DCEMO
and submit it to the Board of Directors for approval;
5. appoint and supervise employees, and issue
human resource bylaws and policies;
6. prepare the annual report on the
activities and financial position of the DCEMO, and submit it to the Board of Directors
for approval; and
7. exercise any other powers delegated by
the CEO or stipulated in any resolution issued under this Law.
1. Pursuant to this Law, all moveable property
owned by the Dubai Golf Corporation, by the Emirates Golf Club, and by the
Dubai Creek Club is transferred to the DCEMO.
2. Pursuant to this Law, the DCEMO will
manage and invest in the golf clubs and courses transferred to the Dubai Real
Estate Corporation pursuant to the above-mentioned Executive Council Resolution
No. (6) of 2008. Profits achieved through the investment in and management of such
clubs and courses will be paid to the DCEMO.
Pursuant
to this Law, all employees of the Dubai Golf Corporation, the Emirates Golf
Club, and the Dubai Creek Club are transferred to the DCEMO without prejudice
to their existing rights.
Except
in cases of fraud or gross fault, neither the CEO, nor Board of Directors, nor
any member of the Board of Directors, nor the Executive Director will, in the
course of managing the DCEMO and its operations, be liable to third parties for
any act or omission. The DCEMO will be solely liable to third parties for such
act or omission.
The
financial year of the DCEMO will commence on 1 January and will end on 31
December of each year, except that the first financial year of the DCEMO will
commence on the date on which this Law comes into force and will end on 31
December of the following year.
In
regulating its accounts and records, the DCEMO will follow the principles and
rules of commercial accounting in line with recognised international standards.
Accounts will also be audited in accordance with international auditing
standards.
Article (21)
The
Financial Audit Department will audit the operations and activities of the DCEMO
in accordance with Law No. (3) of 2007 Establishing the Financial Audit
Department.
The
DCEMO must submit to the Investment Corporation of Dubai annual reports on its
investments in areas falling within the jurisdiction of the DCEMO.
The
financial resources of the DCEMO will consist of:
1. revenues of the DCEMO and its
Affiliates generated from the operations they undertake; and
2. donations and gifts provided to the DCEMO
and accepted by the CEO.
Neither
the Government nor the Investment Corporation of Dubai will be liable for any
debts or obligations claimed from the DCEMO or its Affiliates.
All
rights and obligations pertaining to agreements and contracts concluded prior
to issuing this Law in the name of the Government or in the names of the Dubai
Golf Corporation, the Emirates Golf Club, and the Dubai Creek Club and
pertaining to events falling within the jurisdiction of the DCEMO or
transferred to the DCEMO pursuant to this Law, are hereby transferred to the DCEMO.
Decree
No. (2) of 1989 Establishing an Entity Named the “Emirates Golf Club,” Decree
No. (13) of 1992 Establishing a Public Corporation Named the “Dubai Creek Club,”
and Decree No. (17) of 2001 Establishing the Dubai Golf Corporation are hereby
repealed. Any provision in any other legislation will also be repealed to the
extent that it contradicts the provisions of this Law.
This
Law will be published in the Official Gazette and will come into force on the
day on which it is published.
Mohammed
bin Rashid Al Maktoum
Ruler
of Dubai
Issued in Dubai on 28 February 2008
Corresponding to 21 Safar 1429 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.