Law
No. (14) of 2015
Amending
Law
No. (13) of 2011 Regulating the Conduct of
Economic
Activities in the Emirate of Dubai[1]
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We,
Mohammed bin Rashid Al Maktoum, Ruler of Dubai,
After perusal
of:
Law No. (13) of 2011 Regulating the Conduct of
Economic Activities in the Emirate of Dubai (the “Original Law”); and
Law No. (4) of 2013 Concerning Notaries Public
in the Emirate of Dubai,
Do
hereby issue this Law.
Articles
(4), (6), (19), and (31) of the Original Law are hereby superseded by the
following:
In
order to achieve the objectives of this Law, the DED will regulate the conduct
of Economic Activities in the Emirate. For this purpose, the DED may:
1. establish the regulations and rules required to
regulate granting Licences, and determine the details and validity of these
Licences and the method of variation of such details, in accordance with the
legislation in force and in coordination with the Competent Entities;
2. regulate the registration of Establishments in
the commercial register;
3. register and maintain the trade names of Establishments;
4. regulate and license Economic Activities in
the Emirate, including the retail sector activities, in accordance with the legislation
in force and in coordination with the Competent Entities;
5. determine and classify the Economic Activities
authorised in the Emirate in accordance with the latest internationally
recognised systems, and regularly develop and update the lists and
classification of Economic Activities in accordance with the economic activity
needs and economic development requirements of the Emirate;
6. issue Commercial Authorisations to conduct the
Marketing Activities in the Emirate in accordance with the relevant
requirements and rules adopted by the DED;
7. regulate and determine the working hours of
Establishments in the Emirate in accordance with the relevant rules adopted by
the DED;
8. attest memoranda of association of companies
and any amendments thereto, in accordance with the legislation in force in the
Emirate and in coordination with the Competent Entities;
9. create, operate, and supervise the implementation
of an electronic system to assess the volume of sales, and require all sale
outlets to use this system;
10. maintain a register dedicated for recording
the domiciles of choice of Establishments, in accordance with the relevant requirements
and rules adopted by the DED;
11. conduct intellectual property audits and
inspections, combat commercial fraud, manage trademark and commercial
protection operations, and undertake consumer protection in the Emirate; and
12. conduct audit and inspection of Establishments,
including retail Establishments, to ensure their compliance with the terms of
their Licences.
a. A natural or legal person may conduct an
Economic Activity in the Emirate only through an Establishment licensed by the DED.
The DED will determine the conditions and requirements for granting Licences
and the documents and approvals that must be submitted in order to issue Licences.
b. The DED may issue a special purpose Licence to
an Establishment to conduct an activity outside of the UAE or to achieve a specific
objective, subject to the following conditions:
1.
The activity or specific objective
of the Establishment must be included in the activities or objectives
prescribed by the DED for such Licence.
2.
The Establishment must comply with
the rules and procedures prescribed by the DED, and must submit the documents
required by the DED for issuing such Licence.
3.
The Establishment must comply with
this Law and the resolutions issued in pursuance hereof, throughout the term of
the Licence and to the extent prescribed by the DED.
4. The
Establishment must comply with the terms of the issued Licence,
and refrain from conducting its activity within the UAE
or achieving any objective other than the objective for which the Licence is
issued.
c. Upon request of an Establishment licensed
outside of the UAE, the DED may transfer the registration information of the Establishment to the registers of the DED,
license it, and issue it with a certificate of good standing, subject to the
following conditions:
1.
The Establishment must provide the
DED with a certificate issued by the competent licensing authority outside of
the UAE, stating that this authority approves the transfer of the registration
information of the Establishment to the Emirate.
2.
The Establishment must provide the
DED with a statement of its financial position and the economic feasibility of
transferring its registration information to the Emirate; a schedule for changing
its place of business and conducting its activities in the Emirate; and any
other data or information required by the DED.
3.
The Establishment must meet all
rules and criteria prescribed by the DED.
4.
The Articles of Association of the
Establishment must conform to the provisions of this Law, the resolutions
issued in pursuance hereof, and the legislation in force in the Emirate.
5. The
Establishment must maintain its rights and obligations
towards third parties.
d. The DED may not hold any liability towards third
parties for any obligations or legal consequences for which an Establishment
licensed pursuant to this Article may be responsible.
An
Establishment must:
1. comply with the legislation in force in the
Emirate, and the instructions, bylaws, and resolutions issued by the DED and
Competent Entities;
2. comply with the requirements and rules for
conducting its licensed Economic Activity;
3. notify the DED of any variation or amendment
to the information and documents based on which the Licence is granted, within
ten (10) working days from the date of such variation or amendment; and ensure
that the variation or amendment is made in accordance with the legislation in
force in the UAE;
4. use the trade name assigned to the
Establishment in the Licence in all its dealings with third parties;
5. allow the DED authorised employees access to
the Establishment and its information and registers as required to perform their
duties;
6. provide the DED with any information, data, or
statistics it may request;
7. specify its domicile of choice, and register
it with the DED; and
8. remedy any violation it commits within the
period prescribed by the DED, failing which the DED may remedy the violation
and hold the violating Establishment liable for the costs, including the
transportation, destruction, storage, and seizure costs; and the estimation of such
costs by the DED will be final.
a. At the request of a violating Establishment,
the DED may conclude an amicable settlement with it subject to the following
conditions:
1.
submission of an application for
settlement within six (6) months from the date of committing the violation;
2.
payment
of no less than fifty percent (50%) of the fine prescribed for the violation;
3.
no similar violations have been
committed by the Establishment within one (1) year preceding the commission of
the violation in respect of which amicable settlement is requested; and
4.
any other conditions determined by
the DED in this respect.
b. A violating Establishment must satisfy the conditions
of the amicable settlement within the period prescribed by the DED, failing
which the settlement will be deemed null and void.
Any provision
in any other legislation will 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 11 April 2015
Corresponding to 22 Jumada al-Thaniyah 1436 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.