Law No. (22) of 2021
Concerning the Dubai Cares Foundation[1]
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We, Mohammed bin Rashid Al Maktoum, Ruler of
Dubai,
After perusal of:
Law No. (3) of 2003 Establishing the Executive
Council of the Emirate of Dubai; and
Law No. (4) of 2008 Establishing the Dubai Cares
Foundation,
Do hereby issue this Law.
This Law will be cited as “Law
No. (22) of 2021 Concerning the Dubai Cares Foundation”.
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. |
|
Executive
Council: |
The Executive
Council of the Emirate of Dubai. |
|
Dubai Cares: |
The Dubai Cares
Foundation. |
|
Board of
Directors: |
The board of
directors of Dubai Cares. |
|
CEO: |
The chief
executive officer of Dubai Cares. |
The provisions of this Law
apply to the Dubai Cares Foundation established pursuant to the above-mentioned
Law No. (4) of 2008 as a non-profit and non-governmental foundation having
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 head office of Dubai Cares
will be located in the Emirate. Dubai Cares may, pursuant to a resolution of
the Board of Directors, establish branches and offices within and outside of
the Emirate.
Dubai Cares will have the
following objectives:
1.
to contribute to promoting the Emirate as a
leading international hub for providing the necessary aid to the needy;
2.
to support volunteer work within and outside of
the Emirate, and increase community awareness of its importance, in
coordination with the concerned entities in the Emirate;
3.
to contribute to supporting and funding
sustainable human development efforts;
4.
to contribute to supporting and empowering civil
societies worldwide, including women and children, by entering into partnerships with local and
international civil society organisations; and
5.
to contribute to supporting international efforts
to combat poverty worldwide, and to protect and enhance human dignity.
For the purpose of achieving
its objectives, Dubai Cares will have the duties and powers to:
1.
develop the policies and strategic plans required
to support the endeavours and work of Dubai Cares, and to enable it to achieve
its objectives and accomplish its noble mission, in coordination with the
concerned entities in the Emirate;
2.
implement the initiatives and programmes aimed at
raising awareness of the importance of volunteer work and supporting
sustainable human development efforts;
3.
contribute to achieving the United Nations
Sustainable Development Goals by ensuring the provision of inclusive and
quality education, promoting lifelong learning, supporting future employment, supporting
early childhood and youth skill development programmes, and focusing on
education, including higher education, in emergencies and protracted crises;
4.
enter into partnerships with local, regional, and
international entities in areas related to the work of Dubai Cares; and
coordinate with them on all matters related to the achievement of the
objectives of Dubai Cares;
5.
launch pilot initiatives and programmes with a
view to providing useful and valuable models for governments, policy makers,
and civil society;
6.
contribute to capacity development at the national
level through supporting the entities concerned in education, and focusing on monitoring,
evaluation, and learning;
7.
organise symposia, conferences, training courses
and programmes, and workshops related to the work of Dubai Cares; and issue
printed material and publications that contribute to the achievement of the
objectives of Dubai Cares;
8.
raise donations for Dubai Cares in accordance with
the legislation in force in the Emirate;
9.
purchase, take lease of, and own movable and
immovable property as required to enable Dubai Cares to perform its duties and
achieve its objectives; and dispose of that property by all means of
legal disposition; and
10.
exercise any other duties or powers required for the achievement of the
objectives of Dubai Cares, as assigned to it by the Ruler or the Chairman of
the Executive Council.
Dubai Cares will have the
following organisational levels:
1.
the Board of Directors; and
2.
an executive body.
Dubai Cares will have a Board
of Directors comprised of a chairman, a vice chairman, and a number of
experienced, competent, and specialised members. The number of the Board of
Directors members may neither be less than five (5) nor more than nine (9),
including the chairman and vice chairman of the Board of Directors. Members of
the Board of Directors will be appointed pursuant to a decree of the Ruler for a
renewable term of three (3) years.
a.
The Board of Directors is the highest authority
supervising Dubai Cares, the achievement of its objectives, and the management
of its affairs. In particular, the Board of Directors will have the duties and
powers to:
1.
develop, and supervise the implementation of, the
strategic direction; the general policy; and the strategic, development, and
operational plans of Dubai Cares;
2.
approve the draft annual budget and financial
statements of Dubai Cares;
3.
approve the organisational structure of Dubai
Cares;
4.
approve the resolutions, bylaws, and regulations
governing the administrative, financial, and technical work of Dubai Cares,
including its human resources regulations;
5.
approve the projects, initiatives, programmes,
activities, and awareness campaigns that contribute to the achievement of the
objectives of Dubai Cares;
6.
review reports on the work, activities, and achievements
of Dubai Cares, including the annual, financial, and performance reports;
7.
assess and follow up the performance of the
executive body of Dubai Cares;
8.
review the reports related to work progress at
Dubai Cares and make the appropriate decisions in respect thereof;
9.
establish the rules for raising donations for
Dubai Cares and spending them for their intended purposes, in accordance with
the legislation in force in the Emirate;
10. seek assistance
from experts and specialists, as it deems appropriate, to enable it to perform its duties;
11. establish the rules
for purchasing, taking lease, and acquiring the ownership of the movable and
immovable property required to enable Dubai Cares to perform its duties and
achieve its objectives. This includes the rules for investing or disposing of that property by all
means of legal disposition;
12. appoint, dismiss,
and determine the remuneration of, external auditors; and review the reports
and notes submitted by these auditors at the end of each financial year; and
13. exercise any other
duties or powers required for the achievement of the objectives of Dubai Cares,
as assigned to it by the Ruler or the Chairman of the Executive Council.
b.
The Board of Directors may delegate any of its
powers under paragraphs (a)(4) and (a)(5) of this Article to the CEO, provided
that the delegation is in writing and specific.
a. The Board of
Directors will convene at the invitation of its chairman, or vice chairman if
the chairman is absent, at least once every two (2) months and where necessary.
Meetings of the Board of Directors will be valid if attended by the majority of
its members, provided that the chairman or vice chairman is in attendance.
b. Resolutions and
recommendations of the Board of Directors will be passed by majority vote of
the attending members; and in the event of a tie, the chair of the
meeting will have a casting vote. Meetings, resolutions, and recommendations of
the Board of Directors will be recorded in minutes of meetings signed by the
chair of the meeting and attending members.
c. The Board of
Directors may invite experts and specialists, as it deems appropriate, to
attend its meetings. These experts and specialists will not have a vote in the
deliberations of the Board of Directors.
d. A rapporteur will
be appointed to the Board of Directors by its chairman. The rapporteur will be
responsible for sending meeting invitations to members of the Board of
Directors; preparing its meeting agendas; recording its minutes of meetings; following
up the implementation of its resolutions and recommendations; and performing
any other duties assigned to him by the chairman of the Board of Directors.
e. The vice chairman
of the Board of Directors will act as its chairman where the chairman is absent
or becomes incapable of performing his duties.
a.
Dubai Cares will have an executive body comprised
of the CEO and a number of administrative, finance, and technical employees.
b.
The executive body of Dubai Cares will be
responsible for the operational and technical work of Dubai Cares, and for
following up the implementation of the resolutions issued by the Board of
Directors.
c.
The procedures and terms of appointment, and all
employment rights and duties, of the employees of the executive body of Dubai
Cares will be determined pursuant to the relevant human resources regulations
approved by the Board of Directors.
a.
The CEO will be appointed by a resolution of the chairman
of the Board of Directors.
b.
The CEO will be directly responsible to the Board
of Directors for exercising the duties assigned to him under this Law; the
resolutions, regulations, and bylaws issued in pursuance hereof; and other legislation in
force in the Emirate.
c.
The CEO will have the duties and powers to:
1.
propose the general policy, and the strategic,
development, and operational plans of Dubai Cares; and submit the same to the
Board of Directors for approval;
2.
follow up the implementation of the approved
general policy of Dubai Cares and the resolutions and recommendations issued by
the Board of Directors;
3.
prepare the draft annual budget and financial
statements of Dubai Cares; and submit the same to the Board of Directors for
approval;
4.
propose the organisational structure of Dubai
Cares, and submit the same to the Board of Directors for approval;
5.
draft the resolutions, bylaws, and regulations
governing the financial, administrative, and technical work of Dubai Cares; and
submit the same to the Board of Directors for approval;
6.
develop the projects, programmes, and initiatives
of Dubai Cares, or those supported by Dubai Cares or in which it participates; submit them to the Board of
Directors for approval; and supervise the implementation of the same;
7.
supervise the daily work of Dubai Cares and its
executive body, and appoint competent and specialised employees;
8.
submit periodic reports on the performance of
Dubai Cares to the Board of Directors to make the appropriate decisions in
respect thereof;
9.
represent Dubai Cares before third parties and
conclude the contracts and agreements required for the achievement of its
objectives, in accordance with the relevant powers granted to him by the Board
of Directors; and
10. exercise any other
duties or powers assigned or delegated to him by the Board of Directors.
The financial resources of
Dubai Cares will consist of:
1.
the grants, gifts, and donations approved by the Board of
Directors;
2.
returns on the investment of the property of Dubai
Cares; and
3.
any other financial resources approved by the
Board of Directors.
a.
In managing its accounts and records, Dubai Cares
will apply the relevant accounting rules and principles approved by the Board
of Directors.
b.
The financial year of Dubai Cares will commence on
1 January and will end on 31 December of each year.
The chairman of the Board of
Directors will issue the resolutions required for the implementation of the
provisions of this Law.
a.
This Law supersedes the above-mentioned Law No.
(4) of 2008.
b.
Any provision in any other legislation is hereby repealed to the
extent that it contradicts the provisions of this Law.
c.
The resolutions and bylaws issued in
implementation of the above-mentioned Law No. (4) of 2008 will continue in
force to the extent that they do not contradict this Law, until new superseding
resolutions and bylaws are issued.
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 18 November 2021
Corresponding
to 13 Rabi al-Thani 1443 A.H.
©2022 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.