Abu Dhabi Official Gazette - 2015 Edition 2015
Clubs may not transfer ownership of their lands and facilities to any legal person without Executive Council consent, and they may use and exploit those lands and facilities only after prior written consent from Abu Dhabi Sports Council. The segment also sets a 1% administrative fee for certain commercial buildings fin
- Jurisdiction
- United Arab Emirates — Abu Dhabi
- Instrument
- Gazette issue
- Version
- Undated source snapshot
- Language
- en
- Official source
- View official record ↗
Statute overview
About this statute
Clubs may not transfer ownership of their lands and facilities to any legal person without Executive Council consent, and they may use and exploit those lands and facilities only after prior written consent from Abu Dhabi Sports Council. The segment also sets a 1% administrative fee for certain commercial buildings finance loans and lets the Executive Council change that rate on the Department of Finance’s suggestion. The text requires the Foundation and related guardians to notify, report, file, and hand over inheritance-related information and assets, restricts disposal of inheritance property without Foundation consent, gives the Foundation several court-related powers, exempts the Foundation from local fees and taxes, and includes separate approval rules for Abu Dhabi governmental companies and entities.
Search within this statute
Search all stored provisions in this version.
Legal text
Provisions of Abu Dhabi Official Gazette - 2015 Edition 2015
Showing 2 of 2
Part document.segment-1
Abu Dhabi Official Gazette - 2015 Edition 2015 — segment 1
- document.segment-1 Verify source ↗
Abu Dhabi Official Gazette - 2015 Edition 2015 — segment 1
Clubs may not transfer ownership of their lands and facilities to any legal person without Executive Council consent, and they may use and exploit those lands and facilities only after prior written consent from Abu Dhabi Sports Council. The segment also sets a 1% administrative fee for certain commercial buildings finance loans and lets the Executive Council change that rate on the Department of Finance’s suggestion.
The Fourth Edition - The Forty Fourth Year Amiri Decrees Amiri Decree No. (6) of 2015 Concerning the Appointment of 3 Judges at Abu Dhabi Judicial Department Amiri Decree No. (7) of 2015 Concerning the Reformation of 5 the Board of Directors of International Petroleum Investment Company Abu Dhabi Amiri Decree No. (8) of 2015 Retiring the Deputy General 7 Commander of Abu Dhabi Police Chairman of the Executive Council Resolutions Chairman of the Executive Council Resolution No. (35) of 2015 8 Amending some provisions of the Implementing Regulations of Law No. (11) of 2005 on Commercial Buildings Finance Chairman of the Executive Council Resolution No. (46) of 2015 10 Concerning the Reformation of the Board of Directors of Abu Dhabi Sports Council Chairman of the Executive Council Resolution No. (47) of 2015 12 Concerning the Reformation of the Commercial Buildings Finance Committee Chairman of the Executive Council Resolution No. (48) of 2015 14 Amending some provisions of the Chairman of the Executive Council Resolution No. 39 of 2007 Concerning the Transfer of Ownership of Lands and Facilities to Sports Clubs 1 Chairman of the Executive Council Resolution No. (49) of 2015 16 Concerning the Formation of the Board of Directors of Etihad Airways Group Crown Prince Resolutions Crown Prince Resolution No. (36) of 2015 Issuing the Implementing 18 Regulations of Law No. (19) of 2009 Concerning the Establishment of the Social Care & Minors Affairs Foundation Circulars Circular No. (9) of 2015 Concerning the Boards of Directors 47 of the Subsidiaries of Governmental Companies Circular No. (10) of 2015 Concerning the Structure and Objectives 53 of Governmental Companies and their Subsidiaries Circular No. (11) of 2015 Concerning the Investments of 54 Governmental Companies and their Subsidiaries Circular No. (12) of 2015 Concerning Abu Dhabi Plan and 56 Strategic Plans of Governmental Entities Secretary General Resolutions Secretary General Resolution No. (12) of 2015 Concerning 58 the Assignment of the Presidency of the Cultural Programs and Heritage Festivals Committee Secretary General Resolution No. (13) of 2015 Concerning 59 the Formation of the Founding Committee of the Organization for the Care of Cancer Patients 2 Amiri Decrees seerceD irimA Amiri Decree No. (6) of 2015 Concerning the Appointment of Judges at Abu Dhabi Judicial Department We, Khalifa bin Zayed Al Nahyan, Ruler of Abu Dhabi, Having reviewed: •Law No. (1) of 1974 concerning the reorganisation of the Governmental Body in the Emirate of Abu Dhabi and its amendments; •Law No. (23) of 2006 concerning Abu Dhabi Judicial Department and its amendments; •The recommendation of the Judicial Council, •And based on what was presented by the Head of the Judicial Department, Issued the following Decree: Article (1) The following shall be appointed at the Judicial Department, to the judicial functions and categories stated beside each of them, namely: S Name Function Category 1 Advisor/ Abdullah Fayad AlAli Al Alawin Senior Judge of Appeal Second 2 Advisor/Khalaf Nahar Eid Al Raqad Senior Judge of Appeal Second 3 Advisor/ Mohammed Aref Qasim Shunnaq Judge of Appeal Third 4 Advisor/Essam Mahmoud Ahmed AbulAdas Judge of Appeal Third 5 Advisor/Talal Mohammed Al Mustafa Al Ajaj Judge of Appeal Third 6 Advisor/ Hazem Naim Yaqoub Al Samadi Judge of Appeal Third 3 Article (2) This Decree shall be effective from the date of its issuance and published in the Official Gazette. Khalifa bin Zayed Al Nahyan Ruler of Abu Dhabi Issued by us in Abu Dhabi: On: 2 Rajab 1436 H Corresponding to: 21 April 2015 4 Amiri Decree No. (7) of 2015 Concerning the Reformation of the Board of Directors of International Petroleum Investment Company Abu Dhabi We, Khalifa bin Zayed Al Nahyan, Ruler of Abu Dhabi, Having reviewed: •Law No. (1) of 1974 concerning the reorganisation of the Governmental Body in the Emirate of Abu Dhabi and its amendments; •Law No. (2) of 1986 concerning the re-establishment of International Petroleum Investment Company; •Amiri Decree No. (20) of 2007 concerning the reformation of the Board of Directors of International Petroleum Investment Company; and, •Based on what was presented to and approved by the Executive Council, Issued the following Decree: Article (1) The Board of Directors of International Petroleum Investment Company shall be reformed, chaired by H.H. Sheikh Mansour bin Zayed Al Nahyan, and the membership of: 1. H.E. Mohammed Dhaen Al Hamli Deputy Chairman 2. H.E Suhail Mohammed Al Mazrouei Managing Director of the Company 3. H.E Khalifa Mohammed Khalifa Al Kindi Member 4. H.E Hamad Mohammed Al Hurr Al Suwaidi Member 5. H.E Nasser Ahmed Khalifa Al Suwaidi Member 6. H.E Eissa Mohammed Ghanem Al Suwaidi Member 5 Article (2) This Decree shall be effective from the date of its issuance and published in the Official Gazette. Khalifa bin Zayed Al Nahyan Ruler of Abu Dhabi Issued by us in Abu Dhabi: On: 2 Rajab 1436 H Corresponding to: 21 April 2015 6 Amiri Decree No. (8) of 2015 Retiring the Deputy General Commander of Abu Dhabi Police We, Khalifa bin Zayed Al Nahyan, Ruler of Abu Dhabi, Having reviewed: •Law No. (1) of 1974 concerning the reorganisation of the Governmental Body in the Emirate of Abu Dhabi and its amendments; •Law No. (7) of 1977 concerning the Police and Security Force in the Emirate of Abu Dhabi; •Law No. (2) of 2000 concerning the civil retirement pensions and benefits in the Emirate of Abu Dhabi and its amendments; •Amiri Decree No. (2) of 2014 concerning the reformation of the Executive Council of the Emirate of Abu Dhabi; and •Based on what was presented to and approved by the Executive Council; Issued the following Decree: Article (1) The Deputy General Commander of Abu Dhabi Police, H.E. Major General Obaid Al Hayri Salem Al Ketbi, shall be sent to retirement. Article (2) This Decree shall be effective from the date of its issuance and published in the Official Gazette. Khalifa bin Zayed Al Nahyan Ruler of Abu Dhabi Issued by us in Abu Dhabi On: 29 April 2015 Corresponding to: 10 Rajab 1436 H 7 Chairman of the Executive Council Resolutions evitucexE eht fo namriahC snoituloseR licnuoC Chairman of the Executive Council Resolution No. (35) of 2015 Amending some provisions of the Implementing Regulations of Law No. (11) of 2005 on Commercial Buildings Finance We, Mohammed bin Zayed Al Nahyan, Crown Prince Chairman of the Executive Council, Having reviewed: •Law No. (1) of 1974 concerning the reorganisation of the Governmental Body in the Emirate of Abu Dhabi and its amendments; •Law No. (11) of 2005 concerning commercial buildings finance, as amended by Law No. (16) of 2007; •Chairman of Executive Council Resolution No. (24) of 2005 concerning the issuance of the Implementing Regulations of Law No. (11) of 2005 on commercial buildings finance and its amending resolutions; and, •Based on what was presented to and approved by the Executive Council, Issued the following Resolution: Article (1) Article (11) of the aforesaid Chairman of the Executive Council Resolution No. (24) of 2005, shall be replaced by the following: •The Department of Finance shall, after the issuance of approval of finance by the Executive Council, monitor the necessary funds and oversee the financing and management of loans granted by the Emirate, while calculating and collecting administrative fees of 1% for the service thereof, of any value. 8 •This Resolution shall enter into effect and the rate of administrative fees set forth in the precedent clause of this Article shall apply on the outstanding balances of loans as on 03/04/2014, regardless of the value of the loans or the date of approval thereof. •The rate of administrative fees may be changed by an Executive Council Resolution, upon the suggestion of the Department of Finance. Article (2) Any text or provision contrary to the provisions of this resolution shall be repealed. Article (3) This Resolution shall be effective from the date of its issuance and published in the Official Gazette. Mohamed bin Zayed Al Nahyan Crown Prince Chairman of the Executive Council Issued by us in Abu Dhabi On: 19 April 2015 Corresponding to: 30 Jumada Al Akhar 1436 H 9 Chairman of the Executive Council Resolution No. (46) of 2015 Concerning the Reformation of the Board of Directors of Abu Dhabi Sports Council We, Mohamed bin Zayed Al Nahyan, Crown Prince Chairman of the Executive Council, Having reviewed: •Law No. (1) of 1974 concerning the reorganisation of the Governmental Body in the Emirate of Abu Dhabi and its amendments; •Law No. (4) of 2011 concerning the Establishment of Abu Dhabi Sports Council; •Chairman of the Executive Council Resolution No. (39) of 2012 concerning the formation of the Board of Abu Dhabi Sports Council; and, •Based on what was presented to and approved by the Executive Council; Issued the following Resolution: Article (1) The Board of Directors of Abu Dhabi Sports Council shall be reformed under the chairmanship of H.H. Sheikh Nahyan bin Zayed Al Nahyan and the membership of their Excellencies and gentlemen: 1. Major General/ Mohammed Khalfan : Representative of the Matar Al Rumaithi Football Sector. 2. Mohammed Mohammed Ali Fadhel : Representative of the Special Al Hamli Needs Sports Sector. 3. Noora Mohammed Hilal Surour Al Kaabi : Representative of Women's Sport sector. 10 4. Said Saif Saeed Al Rumaithi : Representative of the Marine Sport Sector. 5. Abdullah Abdulridha Al Khoori : Representative of the Motor Sport Sector. 6. Mohammed Shlaiweeh Khalifa Al Qubaisi : Representative of Other Sport Sector. 7. Matar Suhail Ali Al Yabhooni Al Dhaheri : Representative of the Equestrian Sport Sector. Article (2) The term of the board's membership shall be two renewable years. Article (3) This Resolution shall be effective from the date of its issuance and published in the Official Gazette. Mohamed bin Zayed Al Nahyan Crown Prince Chairman of the Executive Council Issued by us in Abu Dhabi On: 20 April 2015 Corresponding to: 1 Rajab 1436 H 11 Chairman of the Executive Council Resolution No. (47) of 2015 Concerning the Reformation of the Commercial Buildings Finance Committee We, Mohamed bin Zayed Al Nahyan, Crown Prince, Chairman of the Executive Council, Having reviewed: •Law No. (1) of 1974 concerning the reorganisation of the Governmental Body in the Emirate of Abu Dhabi and its amendments; •Law No. (11) of 2005 concerning commercial buildings finance, as amended by Law No. (16) of 2007; •Chairman of the Executive Council Resolution No. (74) of 2009 concerning the reformation of the Commercial Buildings Finance Committee; •Chairman of the Executive Council Resolution No. (23) of 2012 concerning the appointment of two members at the Commercial Buildings Finance Committee; •And based on what was presented to and approved by the Executive Council; Issued the following Resolution: Article (1) The Commercial Buildings Finance Committee shall be reformed under the chairmanship of the Head of the Department of Finance and the membership of their Excellencies: 1. Jaber Mohammed Ghanem Al Suwaidi : Crown Prince Court 2. Mohammed Abdullah Al Rumaithi : Ministry of Presidential Affairs, Vice-President 3. Khalifa Mohamed Hamad Al Mazrouei : Department of Municipal Affairs 12 4. Abdul Aziz Hareb Sultan Al Youssef : Department of Finance Al Suwaidi 5. Salah Mohammed Abdullah Abdul : Department of Finance, Rahim Al Waswasi Member and Rapporteur Article (2) The term of the Committee's membership shall be three renewable years. Article (3) This Resolution shall be effective from the date of its issuance and published in the Official Gazette. Mohamed bin Zayed Al Nahyan Crown Prince Chairman of the Executive Council Issued by us in Abu Dhabi On: 29 April 2015 Corresponding to: 10 Rajab 1436 H 13 Chairman of the Executive Council Resolution No. (48) of 2015 Amending some Provisions of the Chairman of the Executive Council Resolution No. 39 of 2007 Concerning the Transfer of Ownership of Lands and Facilities to Sports Clubs We, Mohamed bin Zayed Al Nahyan, Crown Prince, Chairman of the Executive Council, Having reviewed: •Law No. (1) of 1974 concerning the reorganisation of the Governmental Body in the Emirate of Abu Dhabi and its amendments; •Law No. (19) of 2005 concerning Real Estate Property and its amending laws; •Law No. (4) of 2011 concerning the Establishment of Abu Dhabi Sports Council; •Chairman of the Executive Council Resolution No. (39) of 2007 concerning the transfer of ownership of lands and facilities to sports clubs; •And based on what was presented to and approved by the Executive Council; Issued the following Resolution: Article (1) Article (2) of the said Chairman of the Executive Council Resolution No. (39) of 2007 shall be replaced by the following: •Clubs shall be prohibited from transferring the ownership of lands and facilities owned by them to any legal person without the consent of the Executive Council. 14 •Clubs have the right to use and exploit lands and facilities owned by them after obtaining the prior written consent of Abu Dhabi Sports Council." Article (2) This Resolution shall be effective from the date of its issuance and published in the Official Gazette. Mohamed bin Zayed Al Nahyan Crown Prince Chairman of the Executive Council Issued by us in Abu Dhabi On: 29 April 2015 Corresponding to: 10 Rajab 1436 H 15 Chairman of the Executive Council Resolution No. (49) of 2015 Concerning the Formation of the Board of Directors of Etihad Airways Group We, Mohamed bin Zayed Al Nahyan, Crown Prince, Chairman of the Executive Council, Having reviewed: •Law No. (1) of 1974 concerning the reorganisation of the Governmental Body in the Emirate of Abu Dhabi and its amendments; •Law No. (6) of 2014 concerning the establishment of Etihad Airways Group; •And based on what was presented to and approved by the Executive Council; Issued the following Resolution: Article (1) The Board of Directors of Etihad Airways Group shall be formed under the chairmanship of H.E. Dr. Ahmed Mubarak Al Mazrouei, and the membership of their Excellencies and gentlemen: 1. Ali Majid Al Mansouri 2. Mohammed Mubarak bin Fadel Al Mazrouei 3. Ahmed Ali Al Sayegh 4. Hamad Abdullah Rashid Al Shamsi 5. Khalifa Salem Al Mansouri 6. Ahmed Ali Matar Al Rumaithi Article (2) The term of the Board's membership shall be three renewable years. 16 Article (3) This Resolution shall be effective from the date of its issuance and published in the Official Gazette. Mohamed bin Zayed Al Nahyan Crown Prince Chairman of the Executive Council Issued by us in Abu Dhabi On: 29 April 2015 Corresponding to: 10 Rajab 1436 H 17 Crown Prince Resolutions snoituloseR ecnirP nworC Crown Prince Resolution No. (36) of 2015 Issuing the Implementing Regulations of Law No. (19) of 2009 Concerning the Establishment of the Social Care & Minors Affairs Foundation We, Mohamed bin Zayed Al Nahyan, Crown Prince, Chairman of the Executive Council, Having reviewed: •Law No. (1) of 1974 concerning the reorganisation of the Governmental Body in the Emirate of Abu Dhabi and its amendments; •Law No. (19) of 2009 concerning the establishment of the Social Care & Minors Affairs Foundation; •Federal Law No. (28) of 2005 concerning Personal Status; Issued the following Resolution: Definitions Article (1) In the implementation of the provisions of these Regulations, the following words and phrases shall have the meanings corresponding thereto unless the context requires otherwise: Country : The United Arab Emirates. Emirate : Emirate of Abu Dhabi. Foundation : Social Care & Minors Affairs Foundation. Law : Law No. (19) of 2009 concerning the establishment of the Social Care & Minors Affairs Foundation. Board : Foundation's Board of Directors. Director General : Director General of the Foundation. 18 Absentee : A person whose home country and place of residence are unknown. Missing : Absentee not known to be alive or dead. Legacy : Funds and financial rights left by the deceased. Interdicted : Whoever shows lack of capacity such as madness, dementia, negligence and foolishness and a judgment was rendered for his interdiction. Minor and the like : A person who has not yet reached twenty one lunar years and a judgment was rendered for his guardianship, such as the interdicted minor, missing and absentee. Legal representative : Whoever represents the minor and the like before judicial authorities and others. Chapter 1 Foundations’ Competencies and Practice Controls Article (2) The Foundation shall undertake legal management works on the funds of the national minors and unborn child, as well as the works of guardianship, trusteeship, agency or custody on the minors and incompetent persons as well as the missing and absentees who do not have a guardian or custodian, based on a decision issued by the competent Court according to the Sharia'a provisions decided in the Law of Personal Status and other relevant laws. After notification of the decision of the competent Court, the Foundation shall take the following actions: 1. Obtain from the competent Court all the documents and papers on which the issuance of its decision was based. 19 2. Obtain the personal data from the relevant entities of the deceased, including the statement of death and the heirs including the minors, and copies of their registration certificates, identity cards and any other copies of official documents deemed necessary to be obtained by the Foundation. 3. Obtain a comprehensive statement of all the movable and immovable properties devolved to the minor or unborn child as a result of death of the legator or those possessed by the latter before his death, as well as all the monies owned by the minors, incompetent persons, missing, absentees or the like. 4. The Foundation may, in order to achieve clause 3 above, ask the relevant entities, including for example and without limitation: The banks, stock markets, real estate developers, sons, wives and family of the legator concerning the minor or the like, as well as the guardian of the legacy in case of minors, to provide it, within a period specified by it, with all the information related to the property of the persons placed under its trusteeship. 5. After completing the taking over of the above-mentioned movable and immovable properties, the Foundation shall inventory them then evaluate them, if needed, through its specialists. It shall have the right to refer to the necessary experts to help it in this task. 6. The Foundation shall issue the necessary decisions to expenditures on the minors and the like, covered by its care, in order to provide for their basic needs such as housing, clothing, food, health care, education and 20 others, in a way that is commensurate with their own funds and their social status, achieving the legitimate interest. It shall seek to provide alternative sources of expenditures on the minors and the like of low or no income. 7. The Foundation shall notify all the authorities holding the funds of the persons covered by its care, such as banks, securities markets, liquidators, commercial companies, real estate records competent authorities and all relevant entities, of the issuance of a Court decision appointing the Foundation as the legal guardian of the persons stated in clauses 1 and 2 of Article 4 of the Foundations’ Law and preventing the said entities from disposing of their funds without the written consent of the Foundation. Article (3) The Foundation shall manage the properties of the minors and the like covered by its care, whether movable or immovable, in order to ensure their preservation and utilisation of their proceeds, either by placing them in fixed deposits at banks and Islamic financial institutions or leasing real estate, for example and without limitation. It shall, in particular: 1. Supervise real estate owned by minors and the like covered by the Foundations' care and control, maintain, lease these real estates and take all necessary actions to preserve them. 2. Register the assets transferred to the minors through inheritance, donation, purchase or any other means of acquisition, in their names at the competent authorities. 21 3. Invest the funds of the minors and the like covered by its care by establishing economic projects, such as the incorporation of companies, establishments or similar economic and commercial activities for the development of funds and achievement of appropriate return on the invested amounts, all according to the decision of the Investment Committee set forth in Article 9 of the Law. Article (4) 1. In case a preliminary report issued by specialists at the Foundation states that the real estate needs demolition, the Foundation shall form a technical committee to inspect the real estate and prepare a written report supported by evidence and technical grounds to prove the need of the real estate to be demolished or renovated. 2. Without prejudice to clause 1 of this Article, the Foundation may obtain other technical reports from governmental or private competent authorities. 3. The report shall be submitted to the Investment Committee to take the appropriate decision of demolition or renovation. 4. The competent departments at the Foundation shall take the necessary administrative and legal actions for the demolition or renovation work and for evacuation of occupants and tenants. They shall obtain the necessary licenses and conclude contracts with the persons assigned for demolition or renovation work according to the forms approved by the Foundation and in a way that is compliant with the legislations in force in the Emirate. 22 5. The Foundation shall conclude the necessary contracts for reconstruction of the demolished real estate or the building decided to be renovated, with consultants, contractors and financiers according to the forms prepared for the same in a way that is compliant with the legislations in force in the Emirate. Article (5) In case of lease of the real estates owned by minors and the like covered by the care of the Foundation, the latter shall take the following actions: •Evaluate the real estates leased or wished to be leased in order to calculate the amount of rent and assign competent persons to study the comparative rents in the region of the real estate, in a way that is compliant with the legislations in force in the Emirate. •The Foundation may, as decided by the Investment Committee, lease the real estates. •Conclude contracts with whomever necessary to carry out management, guarding and maintenance work of the buildings to be leased. •Develop the rules and controls of lease operations and periodic maintenance, whether directly through it or through the real estate management companies and contracting and maintenance companies. Article (6) Once the judgment issued by the competent Court granting the custody, guardianship or trusteeship to the Foundation on the minors and the like or the unborn child, becomes final, the Foundation shall be considered the legal 23 representative of the persons covered by its care and it shall have, in this capacity, the right to represent them before all Courts of all degrees and types, including judicial committees, to plead for them, to file lawsuits and defend them. It shall have the right to represent them before all governmental and semi-governmental entities and before others whenever their benefit requires the same, whether inside or outside the Country, to manage their funds and carry out all actions allowed to be carried out by the Foundation according to the provisions of the Law. Article (7) For the purposes of applying the provisions of clause 7 of Article 5 of the Law, the following shall be taken in consideration: 1. The guardian of his minor son or the minor sons of his interdicted son shall notify the Foundation of the decision of the judge to appoint the chosen guardian within 30 days from the date of appointment. 2. Obtain the Courts' judgment in case the latter is appointed guardian or judicial attorney on the minor or unborn child within 30 days from the date of issuance thereof. 3. The guardians, custodians and judicial attorneys stated in this Article shall provide the Foundation with periodic reports according to the period decided by the Foundation concerning all the works related to the funds of the minors and the like, including management, investment, collection, payment, sale, purchase and all acts allowed to be carried out under the Law. In case of failure to do so, the Foundation shall have the right to take necessary actions to withdraw their guardianship according to the legislations in force in the Emirate. 24 Article (8) The Foundation shall, by the means it deems appropriate, monitor the activities of the guardians, custodians and judicial attorneys in order to ensure their abidance by the instructions and directives issued by the Court and the Foundation, in compliance with the provisions of the Islamic Sharia'a, the Law of Personal Status and the legislations in force, and that they make every effort to implement the work related to the minors and the like covered by its care. Article (9) In case of a reason necessitating the dismissal of the guardian or custodian set forth in the Personal Status Law, the Foundation shall refer the matter to the competent Court along with the application for a new guardian or custodian. The Foundation shall take necessary actions to preserve the funds of the minors and the like until the end of the procedure. Article (10) 1. If the Foundation finds any misconduct by the guardian, custodian or judicial attorney in the funds of the minor and the like, it shall take necessary legal actions to hold them accountable and punish them. 2. If a decision is issued to dismiss the guardian, custodian or judicial attorney, the latter shall: a.Provide a full statement of the funds of the minor and the like. b.Provide an account ratified by a legal auditor concerning all the work carried out during his guardianship or custody. c.Deposit all the funds held by him and belonging to the minor in a special account to be determined by the Foundation within thirty days from the date of ratification of his decision of dismissal by the Court. 25 3. The Foundation may refer to a specialist to examine and audit the actions of the guardian during the period before his dismissal. Article (11) 1. The concerned department at the Foundation shall guide its specialists to exercise the oversight and guidance works on the minors and the like, concerning their social lives and circumstances and the suitability of these circumstances to their own situation and age, as well as the convenient environment for their health, their upbringing method, control and preservation of their morals. 2. In case the Foundation finds any violation to the provisions of the Law and the rules of authentic education, it may investigate with the guardians of the minor or the like in this regard and take necessary actions to rectify the situation. 3. The Foundation may entrust the minor or the like to a specialised social, medical or health institution to take care of the minor while continuing to monitor the latter. Article (12) 1. The competent department at the Foundation shall follow the social conditions of the minors and the like covered by its care through control, supervision and guidance and may, in order to achieve the above, send its employees to their places of residence and ensure the availability of suitable conditions for their housing, residence, livelihood and education according to the generally accepted educational, psychological and social standards, particularly with regards to the principles of sound education and moral guidance that are compatible with the provisions of the Islamic Sharia'a. 26 2. The competent employees shall submit periodic reports on the outcome of their work and the actions, directives and instructions taken by them in favour of the minors and the like. Article (13) The Foundation shall, if necessary, provide the appropriate and suitable education to the minors and the like covered by its care, by taking the following into consideration: a.Choosing the right schools in terms of location and educational reputation. b.Follow the educational attainment by referring to and following the schools, attending the parents' meetings, perusing the periodic results and monitoring the progress of the minors and the like covered by its care and their success in periodic exams. The Foundations' follow-up shall be extended to include the study outside the Country. Article (14) Following upon the minors or incompetent persons in their education, training and care in schools, colleges, hospitals and specialised health centres, convenient for the case of each of them, following up on their situations and organising a special file for each including all the information related to their health condition. Article (15) All the guardians, custodians and judicial attorneys to the minors and the like shall immediately notify the Foundation of any change of the place of residence of any of them or the place of residence of any of the persons covered by the care. 27 Chapter 2 Removal of Guardianship on the Minors or Incompetent Persons, Payment of Zakat and Settlement of the Debts related to the Minors and the like Article (16) In case of proof of healing of any of the incompetent persons or if the minor attains the age of majority, the guardian shall refer the matter to the competent Court to remove guardianship and shall notify the Foundation of the same. Article (17) 1. The Foundation shall calculate the Zakat due on the funds of the minors and the like on an annual basis according to the Sharia'a rules. 2. The Foundation may spend from the Zakat money on the minors and the like covered by its care who are legally eligible. 3. The Foundation shall pay the Zakat balance collected by it on an annual basis after deducting the expenses allowed under the Law and deducting the payments as per clause 2 of this Article, to the competent authorities. Article (18) The Foundation shall, upon starting the guardianship work on minors and the like: 1. Limit their rights and their debts, as well as the judicial judgments and other documents proving the same, and validate them. It may, in this regard, hear the testimonies of the heirs. 2. Claim debts from the debtors, whether amicably or through the Law, including sending a written warning to the debtor before claiming the debt through the competent Court. 28 3. In case of validation of the amount of debt due from the minor or the like, and proved in written documents ratified by the competent authorities, by cheques accepted by the banks, final judgments, regulatory and mandatory commercial books or any installments due from him as a result of purchase of real estate or the allocation of the latter by the Country, or any installments due to the banks approved in the Country as a result of previous fixed loans, such debt may be paid if the funds of the minor are sufficient to do so, otherwise, it may divide the funds pro rata and distribute them to the creditors or refer to consensual partial payment. 4. Settle debts due from the minor and the like, ruled by virtue of final judicial judgments that the Foundation was represented therein, and it shall implement these judgments with the fees and expenses included therein in case of sufficient funds of the minors held by the Foundation. Chapter 3 Investment Committee Article (19) 1. The Board shall form the Investment Committee according to the provisions of the Law. 2. The Investment Committee shall have indicative regulations to organize its tasks and work, approved by the Board. 3. The Committee shall hold its meetings at the headquarters of the Foundation or in any other place decided by its head once every month or as the case may be, based on the heads' invitation. 4. The Committee's meeting shall not be considered valid unless it is attended by at least three members including the head. 29 5. The Committee shall issue its decisions by the absolute majority of the members present. In case of equality of votes, the side for which the head of the meeting voted shall prevail. 6. The Director General shall follow the implementation of the Committee's decisions. 7. The Director General shall prepare a quarterly report on the Committee's work to be submitted to the Board. 8. The Committee shall exercise its competencies according to the requirements of the benefits of the minors or the like and according to the rules and regulations set by the Board in accordance with the provisions of the Law. Article (20) The Investment Committee shall take the decisions related to the investment of funds of minors and the like covered by the care of the Foundation according to the provisions of the Law, including the following: 1. Suggest the investment plans ensuring the achievement of the interests of the minors and the like covered by the care of the Foundation and obtain their approval by the Board. 2. Study the investment operations to be entered into, choose the convenient from them in a way achieving balance between the cash liquidity to be preserved and the amount of invested monies according to the financial resources of the minors and the like covered by its care and their obligations. 3. Follow the affairs of the real estates of the Foundation or the real estates managed by the Foundation, as well as the real estates of the minors and the like covered by its care to review the investment policies related thereto. 30 4. Supervise the accounts of the funds of the minors and the like covered by the Foundation's care. 5. Supervise the follow-up of the funds of minors and the like covered by the care of the Foundation, limited in an official report for their management and investment until the end of the Foundation's guardianship and the taking over of their funds. 6. Suggest the services provided by the Foundation to the minors and the like covered by its care and specify the rent amounts managed by it in coordination with the concerned authorities and departments. 7. Prepare periodic reports on the status of the investments held by the Foundation and submit them to the Board. 8. Suggest the organisation of administrative work, records and registers concerning the management of the funds of the minors and the like. 9. Adopt an accounting system for the work carried out by the Committee according to its competence and organise quarterly reports approved by the certified auditors of the Foundation. Chapter 4 General Provisions Article (21) 1. The Board shall, upon the suggestion of the Director General and according to the public interest requirements, form permanent and interim committees ensuring the proper functioning of the Foundation. 2. In the formation of the Committees, one or more members shall be from the Board, among them the Head of the Committee. 31 3. The members of the Committees may include competent persons from inside or outside the Foundation. 4. The decision to form the Committees shall determine their competencies, method of work, number of members and period concerning the interim committees, and the remuneration of their members. Article (22) 1. The Board members and all the employees of the Foundation shall submit a statement of their relations up to the second degree. 2. The supervising authorities at the Foundation shall oversee all the transactions and contracts made whether by the Board or any of the officials or committees formed therein. Article (23) 1. The Courts, police stations, hospitals, the General Directorate of Residence and Foreigners Affairs, banks, concerned authorities, adult heirs and partners, each within its own competence, shall notify the Foundation of the death of any person liable for a minor and the like, of the death of the guardian or custodian and of any lawsuit related to any of the minors and the like covered by the Foundation's care so that the latter would be able to take necessary legal actions to preserve the rights of the minors and the like and limit their rights and obligations within thirty days from the date of death. 2. The Foundation shall, upon its mere notification according to the provisions of the previous clause and on its own, or upon the request of the concerned persons, take necessary actions to limit the movable and immovable 32 properties of the minors and the like and all their rights and obligations. The Foundation may keep the documents related to these properties, receive all the inheritance funds limited by an official report to be managed and invested in the way it deems proper while achieving the benefits of the minors and the like until their division or handing over upon the end of its guardianship on the minors and the like. 3. None of the adult heirs or partners of the deceased minors and the likes shall dispose of the inheritance funds or joint funds with effect from the date of death until the date of limitation of these funds, provided that this limitation is made within a period not exceeding thirty days from the date of notification of the Foundation of the decease. Any disposal made by any of them without the written consent of the Foundation shall be invalid. Article (24) The provisions of the previous Article shall apply to the partners of each of: a.The interdicted person because of dementia, madness or foolishness with effect from the date of judgment of interdiction. b.The missing or absentee with effect from the date of notification of the competent Court's decision to the Foundation proving the absence. Article (25) The Foundation shall exercise financial custody work on all the minors and the like covered by its care, according to the provisions of financial custody stated in the Personal Status Law. 33 Article (26) •The financial custody of the Foundation shall include the funds of: 1. Minor children of the interdicted person because of madness, dementia or foolishness. 2. Minor children of the missing and absentee. •The concerned departments at the Foundation shall estimate the needs of the families of the minors and the like covered by its care, taking into account the household income, status of the dependents and the prevailing economic situation in terms of time and place. Article (27) 1. The Foundation shall address letters to all the banks and financial institutions operating in the State through UAE Central Bank to inquire about the types and numbers of accounts and their balances opened in the names of the minors and the like and the deceased minors and the like, according to the inquiry form prepared by the Foundation for this purpose. 2. After receiving information from the banks and ensuring the presence of one or more accounts in the name of the minor or the like or the deceased minor, the Foundation shall ask the bank to refrain from payment from the account(s) without the permit of the Foundation and according to its instructions. 3. The Foundation shall issue a decision including the instructions related to the operating of the existing accounts, in terms of deposit and withdrawal. 34 4. The Foundation may order to transfer the balances of any account of the accounts of minors and the like to other accounts managed on their behalf according to the provisions of the Law. 5. Without prejudice to the provisions of Article (225) of the Law of Personal Status, the Foundation may ask the bank to which the monthly alimony of the minor or interdicted person is transferred, not to give any loans or facilities to the guardian or custodian without the consent of the Foundation. 6. The Foundation may ask the banks holding accounts for the minors or the like to provide it with a cheque book when necessary. 7. The Foundation shall be able, by virtue of its financial custody, to use the cheques and pay by them whenever necessary according to the Sharia'a regulations. 8. The Foundation shall determine the persons authorised to sign the cheques under its decisions. 9. Upon notifying the Foundation of any decision issued by the competent Court of the interdiction of any person due to the interdiction reasons specified by the Law, it shall contact all the banks and financial institutions operating in the Country through UAE Central Bank, to notify them of the decision of interdiction and ask them to refrain from dealing, giving loans, provide credit facilities or others to the interdicted person. 35 Article (28) 1. The Foundation shall contact the traffic departments at the State to inquire about the cars registered in the name of the minors and the like or the deceased related to them, by virtue of a query form prepared by the Foundation for this purpose. 2. The Foundation shall take hold of the cars of the minors and the like and shall place a registration annotation on the car or vehicle registered in the name of the minor or the like stating its exercise of financial custody thereon. 3. The Foundation may, after submitting to the Investment Committee, dispose of the vehicles of the minors and the like such as sale, purchase, mortgage and others, in a way achieving the benefit of the minors and the like covered by its care. The Foundation shall order the prevention or restriction of any disposal without the written consent thereof, without prejudice to the provisions of Article (225) of the Law of Personal Status. 4. The competent Traffic Departments at the State shall not remove the registration annotation placed by the Foundation on the vehicles stated in this Article without the written consent of the Foundation. Article (29) 1. The Foundation shall address letters to the competent authorities to inquire about the commercial and professional licenses registered in the name of the minors or the like or the heirs among them covered by its care as well as the deceased related to them. 36 2. The Foundation shall place a registration annotation at the competent authorities on the register of the commercial and professional licenses registered in the names of the minors and the like, whether the license is registered in their names or in association with others, stating the prevention of disposal thereof without its permit. 3. The Foundation shall initiate legal actions on the licenses in a way achieving the benefits of the minors and the like covered by its care. 4. The competent authorities shall not conduct any action on the license stated in this Article without the written permit of the Foundation. 5. The Foundation shall prepare forms of the requests, orders, instructions and actions conducted according to the provisions of this Article. Article (30) 1. Without prejudice to the Law of Personal Status, the Foundation shall ask the competent Court to issue a decision to dismiss the legal representative of the minor and the like in the following cases: a.His absence for more than six months without knowledge of his home or place of residence, provided that the Foundation confirms such absence by publishing an announcement in two daily newspapers widely circulated in the country without receiving any information thereon. b.Issuance of a judgment by the competent Court for the interdiction thereof. c.Issuance of a final judgment against him for imprisonment of more than six months. 37 d.Abuse of the properties of the minor and the like in a way endangering them. e.Disability or inability to carry out the guardianship and custody tasks or assigning others to do so without the permit of the Foundation. f. Existence of risks on the minor's funds. 2. The Foundation shall ask the competent Court to appoint a receiver or an alternative to the person decided to be dismissed. 3. The legal representative who was dismissed by virtue of a judicial decision, and was not absent, shall hand over to the receiver or the Foundation, the properties of the minor or the like and all the documents related thereto, such as the statement of account for its management within a period not exceeding thirty days from the date of dismissal, by virtue of a written report proving all the handing over and taking over procedures, signed by the legal representative, the dismissed person and the representative of the Foundation. This shall not be considered as an acquittal for the period preceding his dismissal. 4. In the event of a final judgment dismissing the absent legal representative, the appointed receiver or the Foundation shall take hold of all the properties of the minor or the like and all the documents related thereto including the movable and immovable properties, bank accounts or the like and others. The receiver or the Foundation may take all necessary legal actions to enable it to implement this clause. 38 Article (31) •The guardianship of the Foundation shall be terminated for any of the following reasons: 1. The minor covered by the care of the Foundation attains the age of majority according to the provisions of the Personal Status Law and the proof of the same in a judgment issued by the competent Court in a lawsuit where the Foundation is represented. 2. Issuance of a decision by the competent Court of the end of the guardianship of the Foundation on the missing or absentee. 3. Return of legal guardianship to the lawful father or grandfather. 4. Lifting the interdiction on the persons covered by guardianship by virtue of a decision by the competent Court. 5. Death of the minor and the like covered by the care. •The death of the minor and the like covered by the care proved by a death certificate issued by the competent authority or by a judgment from the competent Court. •If the Foundation has serious and legitimate reasons that make it doubt the ability of the minor, when he attains the age of majority, to take over his funds, it shall present the matter to the competent Court that shall decide if the minor has become an adult and able to take over his funds and manage them. If it decides that it is not able to take over and manage its funds, the guardianship of the Foundation on its funds shall be according to the period determined by the Court. 39 Article (32) 1. Should one of the cases ending guardianship or custody stated in the Personal Status Law is realised and without prejudice to the provisions of Article (23) of the Law, the Foundation shall: a.Inventory and limit all the funds of the minor and the like covered by its care. b.Hand over the funds to their owners upon their request or to any entity determined by the competent Court within a period of three months from the date of receiving the request. c.Request that the concerned persons submit a request to the Foundation to take over the funds or properties of the minors who attained the age of majority and the like and the request shall be accompanied with all supporting documents including a copy of the Court's judgment and any other documents deemed necessary by the Foundation to decide on the request. d.Prepare a report which includes the taking over and handing over signed by the Foundation and the concerned persons. e.Take all legal actions to remove all liens or injunctions of disposal of the movable and immovable properties subject to the above, including for example the real estates, vehicles, bank accounts, commercial licenses, professional licenses and others. 2. In the event of failure of the minor or interdicted person to prove his majority and in case the Foundation continues to manage his funds, it shall receive a rate of 5% of the net income resulting from the management 40 and investment of his funds, with effect from the date the minor attains the age of majority or removal of interdiction on the interdicted person. The Foundation shall have the right to receive such rate in case the heirs do not agree on the taking over of the inheritance or they fail to authorise one or some of them for the taking over procedure. 3.
Part document.segment-2
Abu Dhabi Official Gazette - 2015 Edition 2015 — segment 2
- document.segment-2 Verify source ↗
Abu Dhabi Official Gazette - 2015 Edition 2015 — segment 2
The text requires the Foundation and related guardians to notify, report, file, and hand over inheritance-related information and assets, restricts disposal of inheritance property without Foundation consent, gives the Foundation several court-related powers, exempts the Foundation from local fees and taxes, and includes separate approval rules for Abu Dhabi governmental companies and entities.
The accounting standards shall be adopted for the purposes of calculation of a rate of 5% of the net income for the cash funds, shares or use of the real estates or others according to the case, provided that the calculation equation is approved by the Foundation's auditor. 4. In the event of failure of any of the concerned persons in taking over his share of the funds to be handed over for any reason whatsoever, the Foundation shall address a written notice asking him to attend to take over his share of the fund within a specified period, in case his address is known, or a notice by publication. If he fails to attend despite the notification, the Foundation may continue to manage the funds against 5% of the net income or request the competent Court to appoint a receiver to take over and manage his share. Article (33) In the event of failure of a person liable for a minor or more, an unborn child, an incompetent person or absentee and the appointment of a guardian on the inheritance (whether he is appointed by the legator or the Court) attorney of the absentee or guardian of the incompetent person, any of them shall: 41 1. Notify the Foundation of his appointment by virtue of a statement of which a form is prepared, including the presence of a minor or the like within the heirs. 2. The guardian of the inheritance takes hold of its funds as decided by the provisions of liquidation of inheritances in the Personal Status Law and notifying the Foundation of the procedures taken or to be taken by him or against him and notifying the Foundation of all the procedures taken before his appointment. 3. If the Court orders the guardian of the inheritance to deposit the monies, securities and valuables in its treasury until the liquidation, he shall hand over to the Foundation copies of the reports of deposit of the said monies or others, if any. 4. To submit a separate periodic report to the Foundation within the time period specified by it for each case apart concerning his management of the inheritance, including a statement of account and the properties of the minor or the like in such inheritance. 5. To deposit at the Foundation an approved copy of the inventory list of the inheritance submitted to the Court. The list shall include a statement of the rights and obligations of the inheritance and a statement of evaluation of these monies, accompanied with the experts' reports, if any, upon their deposit at the competent Court, without exceeding ninety days from the date of his appointment or any additional period determined by the Court. 42 6. Notify the Foundation by means of a monthly report of the settled debts not subject to a dispute. 7. Hand over to the Foundation the sorted share of the minor or the like after the end of liquidation, whether by virtue of an agreement between the heirs and the Foundation, in its capacity as representative of the minor or the like, or through the competent Court and hand over to the Foundation a complete copy of the inheritance file. 8. If the Foundation finds that the interest of the minor requires the continuation of his share in the inheritance without sorting with the rest of the partners, it shall notify the competent Court of the same in order to take necessary actions, without contradicting the provisions of end of co-ownership and the management of joint money. 9. In the event of liquidation of the inheritance having one or more minors and the like before the Foundation exercises supervision thereon and the Foundation finds that all or some of them have rights not noticed earlier in the liquidated inheritance, the Foundation may claim these rights through the competent Court. 10. The Foundation shall set the forms necessary for the implementation of the provisions of this Article and the guardian of the inheritance and the like shall observe. Article (34) 1. Without prejudice to the procedures of liquidation of inheritance set forth in the Personal Status Law, none of the adult heirs or partners of the deceased in case of a minor or the like among the heirs, shall dispose of 43 the properties of the inheritance, whether movable or immovable, including the joint money with effect from the date of decease. Any disposal made without the written consent of the Foundation shall be invalid. 2. The guardian of the inheritance, adult heirs or partners in joint money, shall notify the Foundation of the decease of the legator of a minor or the like immediately upon the decease. 3. The Foundation shall, in coordination with the guardian of the inheritance and the competent Court, limit the monies of the inheritance or joint money according to the legislations in force at the Emirate. 4. The Foundation shall assign one or more of its employees, in cooperation and coordination with the adult heirs and partners, to limit the properties of the inheritance including its shares in the companies, prepare a report of the same within thirty days and submit it to the competent authority at the Foundation. 5. The Foundation shall prepare forms of the data to be met when the assigned persons limit the properties of the inheritance. 6. The Foundation may ask the competent Court to take any precautionary measure, including precautionary seizure on the funds of the deceased legator of a minor or the like, on an urgent basis, in order to preserve the funds of the minors and the like covered by its care during the period of limitation of these funds. 44 Article (35) •The Head of the Judicial Department shall issue, in agreement with the Chairman of the Board, a decision determining the employees of the Foundation who have the capacity to act as judicial offers concerning the crimes falling within their competence and related to their functions. •The Foundation's employees who were granted the capacity to act as judicial officers shall be subject to a training session organised in cooperation between the Foundation and the Judicial Department. Article (36) 1. The judicial officer shall prepare a record of evidence of every incident occurring in violation to the provisions of the Law and shall submit the record to the Director General to take convenient actions in their regard. 2. Without prejudice to the penal sanctions set forth in the Law or any other Law, in case a person unlawfully takes over the properties, documents, shares certificates, title deeds or the like of any minor or the like covered by the Foundation's care, the latter shall appoint itself a claimer of civil right and ask the competent Court to rule the return of the unlawfully seized properties with the payment of compensation if necessary, in case this person refrains from returning the seized properties willingly despite being addressed a written warning. Article (37) 1. The Foundation may refer to the competent public authority members, if necessary. 45 2. The Foundation shall assign its employees having the capacity to act as judicial officers to conduct field visits to the establishments or companies containing minors or the like, to peruse their records, obtain copies of their accounts and conduct field visits to the minors and the like at their place of residence, whether in their houses, schools, educational or training institutes, hospitals, clinics, specialised centres or workplaces in order to verify their situations. The said employees shall prepare reports of the same and submit them to the competent authorities at the Foundation. 3. The Foundation shall assign its employees having the capacity to act as judicial officers to conduct field visits to inspect all the monies and properties of the minors and the like covered by the care to verify their situations. 4. All the concerned entities shall assist in the implementation of the decisions issued by the Foundation according to the provisions of the Law. Article (38) The Foundation and its affiliates shall be exempted from local fees and taxes. Article (39) This Resolution shall be effective from the date of its issuance and published in the Official Gazette. Mohamed bin Zayed Al Nahyan C rown Prince C hairman of the Executive Council Issued by us in Abu Dhabi On: 19 April 2015 Corresponding to: 30 Jumada Al Akhar 1436 H 46 Circular No. (9) of 2015 Concerning the Boards of Directors of the Subsidiaries of Governmental Companies To all governmental companies in the Emirate of Abu Dhabi, Peace and Allah's mercy and blessings be upon you, The Executive Council is pleased to greet you and express its sincere gratitude for your continuous cooperation to realise the public interest. Within the scope of coordination between the General Secretariat of the Executive Council and the governmental companies in the Emirate, we urge you to abide to the following: 1. Obtain the approval of the Executive Council on the candidates for membership in Boards of Directors of your subsidiaries and the Boards where you shall appoint some members by filling the CV form (Form No. 1) of the candidates and sending it to the Executive Council three months at least before expiry of the Board's period. 2. Obtain the approval of the Executive Council before changing or adding any Board member before expiry of the Board's period. 3. Provide us with the names of your subsidiaries, the names and nationalities of their Board members and the date of commencement and end of their membership according to the subsidiaries' data form (Form No. 2). 47 We value your efforts and thank you for your cooperation For your necessary action May Allah guide you Dr. Ahmed Mubarak Al Mazrouei Secretary-General Date: 14/04/2015 For enquiries:Please contact Mr. Ammar Mohammed Al Bahaith, Project Manager at the Office of State Owned Enterprises at the General Secretariat of the Executive Council on telephone number: 056/9127555-026688194 or by e-mail: Governance@ECOUNCIL.AE Attachment: - Form No. 1 - Form No. 2 48 eatiV mulucirruC 1:oN mroF :eliboM :emaN ogoL :liam-E laiciffO :reyolpmE lanosreP :htriB fo etaD :eltiT boJ eht fo :egA tnemecnemmoc fo etaD otohP ytitnE :boj tnerruc eht fo fo sraey fo rebmuN :.oN DI lanoitaN :ecneirepxe :sserddA :edarG boJ )tnecer tsom eht htiw gnitrats( snoitacifilauQ lanoitacudE fo etaD pihsrebmeM / draoB fo epyT pihsrebmeM / ytitnE eht fo emaN raeY egelloC / ytisrevinU rojaM / etacifitreC eettimmoC leveL eettimmoC oT morF noitamrofnI rehtO / eeyolpmE eht tuobA )boj tnecer tsom eht htiw gnitrats( ecneirepxE lacitcarP doireP kroW eltiT boJ reyolpmE oT morF 49 Office of State Owned Enterprises Subsidiaries' Data Form Introduction Within the coordination between the General Secretariat of the Executive Council and the Governmental Companies in the Emirate of Abu Dhabi, please provide us with the required data in the attached form For enquiries, please contact Mr. Ammar Mohammed Al Bahith Project Manager Governance and Compliance Department Tel: 02-6688194 E-mail: governance@ecouncil.ae Abu Dhabi, United Arab Emirates - General Secretariat of the Executive Council, Tel No. +9712668888. www.ecouncil.ae 50 Office of State Owned Enterprises Subsidiaries' Data Form Please insert the name of the entity or company here Please insert the name of the contact coordinator here Please insert the telephone number here Please insert the E-mail here Abu Dhabi, United Arab Emirates - General Secretariat of the Executive Council, Tel No. +9712668888. www.ecouncil.ae 51 Name of the Parent Company / Entity Code of the Parent Company / Entity Names of the Board Members of the Subsidiaries Title of the Capacity Date of Period of Name of Name of Member Name of (Chairman / Sex EmiratesFormation ofExpiry Date Board No. Parent Subsidiary (His Highness / Board Deputy Chairman / Nationality(Male / Identity the Board of of the Board Membership Remarks Company His Excellency... Member Managing Director Female)Card No. Directors Membership (three years / / Member...) five years) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 52 Circular No. (10)of 2015 Concerning the Structure and Objectives of Governmental Companies and their Subsidiaries To all governmental companies in the Emirate of Abu Dhabi, Peace and Allah's mercy and blessings be upon you, The Executive Council is pleased to greet you and express its sincere gratitude for your continuous cooperation to realise the public interest. Kindly obtain the consent of the Executive Council before making any amendment to the structure or objectives of the parent company or its subsidiaries or engaging in actions that would affect the activities of these companies, such as the establishment or merger of new companies. We value your efforts and thank you for your cooperation. For your necessary action May Allah guide you Dr. Ahmed Mubarak Al Mazrouei Secretary-General Date: 14/04/2015 For enquiries:Please contact Mr. Ammar Mohammed Al Bahaith - Project Manager at the Office of State Owned Enterprises at the General Secretariat of the Executive Council on telephone number: 53 Circular No. (11)of 2015 Concerning the Investments of Governmental Companies and their Subsidiaries To all governmental companies in the Emirate of Abu Dhabi, Peace and Allah's mercy and blessings be upon you, The Executive Council is pleased to greet you and express its sincere gratitude for your continuous cooperation to realise the public interest. Within the scope of coordination between the General Secretariat of the Executive Council and the governmental companies in the Emirate, we urge you to obtain the approval of the Executive Council before: 1. Any operation of sale of the assets or investments owned by the Company or any of the subsidiaries, by filling the enclosed form and providing us with the investment plans of your company and the subsidiaries, in addition to the future strategic plans and any amendments occurring thereto in the future. 2.Investment in any new projects inside or outside the Country requiring governmental support, after providing the Executive Council with the documents and information stated in the enclosed explanatory presentation and not publishing any information concerning these projects in the media. 3. Entering into loan transactions or issuance of debts for your company or your subsidiaries, with the necessity of prior coordination with the Public Debt Office at the Department of Finance in case the debt is guaranteed by the government. 54 4. Guaranteeing the debts of any of your subsidiaries, the companies in which you invested, coalition companies or any relevant third parties and instructing your subsidiaries to abide by the same. Please advise the concerned persons to provide us with the following: •Preparing an annual list of all the assets owned by your company and its subsidiaries (if any) and submitting them to the General Secretariat of the Executive Council, with a detailed indication to all the sold assets, the profits or losses resulting from such sale and the assets purchased during the year. We value your efforts and thank you for your cooperation. For your necessary action May Allah guide you Dr. Ahmed Mubarak Al Mazrouei Secretary-General Date: 14/04/2015 For enquiries:Please contact Mr. Ammar Mohammed Al Bahaith - Project Manager at the Office of State Owned Enterprises at the General Secretariat of the Executive Council on telephone number: 056/9127555-026688194 or by e-mail: Governance@ECOUNCIL.AE Attachment: - Explanatory presentation on the required documents and information of the new investments -Form of sale of assets 55 Circular No. (12)of 2015 Concerning Abu Dhabi Plan and Strategic Plans of Governmental Entities To all governmental entities in the Emirate of Abu Dhabi, Peace and Allah's mercy and blessings be upon you, The Executive Council is pleased to greet you and express its sincere gratitude for your continuous cooperation to realise the public interest. Please review the approved copy of the objectives and programs of Abu Dhabi Plan in order to coordinate with the General Secretariat of the Executive Council to work on the second phase of the project, consisting of the preparation of the strategic plan in a manner that is compliant with Abu Dhabi Plan and we urge you to abide to the following: 1. Holding awareness workshops for your employees concerning Abu Dhabi plan and contributing in the implementation thereof. 2. Instructing your concerned persons to prepare your strategic plans for the years 2016-2020 according to Abu Dhabi Plan and, the strategic planning and performance management guide in the Government of Abu Dhabi and the enclosed forms, in coordination with the concerned sectors at the General Secretariat of the Executive Council and the coordinating entities of the programs, taking into consideration that the strategic plan of your entity shall be handed in not later than 17 May 2015 and a copy thereof shall be sent to the Department of Finance. 56 3. The coordinating entities of Abu Dhabi Plan programs shall communicate directly with the contributing entities of the programs and determine the projects to be included in the strategic plans of the entities, in coordination with the concerned sectors at the General Secretariat of the Executive Council. 4. Forming a work team for your strategic planning and internal performance management and providing it with appropriate support in order to carry out its tasks. Such team would be the contact point with the General Secretariat of the Executive Council and the coordinating entities. Providing us with the names and particulars of your candidates not later than 29 April 2015. 5. Pursue the implementation of the phase of determining the five-year targets, following the best standards and completion of the phase according to the time schedule approved for Abu Dhabi Plan. 6. Non-recourse to external consultants (in whole or in part) in any activity concerning Abu Dhabi Plan and the strategic plan of your entity without obtaining the consent of the Executive Council. We value your efforts and thank you for your cooperation. For your necessary actions May Allah guide you Dr.Ahmed Mubarak Al Mazrouei Secretary-General Date: 20/4/2015 For enquiries: Please contact the Government Policy and Performance Department, Office of Strategic Affairs at the General Secretariat of the Executive Council on telephone number: Attachment: -USB Flash memory - Abu Dhabi Plan - Strategic planning and performance management guide in the Government of Abu Dhabi and the forms - Time schedule of Abu Dhabi Plan 57 Secretary General Resolution No. (12) of 2015 Concerning the Assignment of Heading the Cultural Programs and Heritage Festivals Committee The Secretary-General of the Executive Council, Having reviewed: •Law No. (1) of 1974 concerning the reorganisation of the Governmental Body in the Emirate of Abu Dhabi and its amendments; •Law No. (2) of 2011 concerning the establishment of Abu Dhabi Tourism and Culture Authority; and •Secretary General Resolution No. (1) of 2013 on the formation of the Cultural Programs and Heritage Festivals Committee; The following was decided: Article (1) H.E. Major General Pilot Fares Khalaf Khalfan Al Mazrouei shall be appointed Head of the Cultural Programs and Heritage Festivals Committee, formed according to our above-mentioned Resolution No. (1) of 2013. Article (2) This Resolution shall be effective from the date of its issuance Dr. Ahmed Mubarak Al Mazrouei Secretary-General I ssued in Abu Dhabi On: 16 April 2015 Corresponding to: 27 Jumada Al Akhar 1436 H 58 Secretary General Resolution No. (13) of 2015 Concerning the Formation of the Founding Committee of an Organization for the Care of Cancer Patients The Secretary-General of the Executive Council, Having reviewed: •Law No. (1) of 1974 concerning the reorganisation of the Governmental Body in the Emirate of Abu Dhabi and its amendments; The following was decided: Article (1) A committee shall be formed under the name of (Founding Committee of an Organization for the Care of Cancer Patients), headed by H.E. Dr. Jamal Sanad Al Suwaidi, with the membership of each of: 1. Major Dr. Khalifa Thani Al Rumaithi 2. Hussein Jassim Al Nowais 3. Ali Khalifa Al Rumaithi 4. Ibrahim Abdul Rahman Al Abed 5. Shehab Mohammed Gargash 6. Jassim Mohammed Al Hosani 7. Hashem Ahmed Ali Al Qaysiyah 8. Noura Jamal Sanad Al Suwaidi 9. Representative of the Health Authority - Abu Dhabi The Head of the Committee may add as he deems appropriate, specialists to the members of the Committee. 59 Article (2) The Committee shall: 1. Study and suggest the best means and legal mechanism for the establishment of a non-profit organisation for the care of cancer patients, provided that the organisation does not intervene in the operational aspect. 2. Submit an illustrative study including the suggested name, the objectives to be achieved, the resources to be relied upon and any branches that the organisation wishes to establish and the types of services, programs and mechanisms for the provision thereof. 3. Oversee the establishment procedures of the organization after obtaining the necessary approvals. Article (3) The Head of the Committee shall submit periodic reports on the work progress of the Committee to the General Secretariat of the Executive Council. The Committee shall hand over the studies, plans and initial perception of the organisation within three months from the date of issuance of this Resolution. Article (4) This Resolution shall be effective from the date of its issuance. Dr. Ahmed Mubarak Al Mazrouei Secretary General Issued in Abu Dhabi On: 19 April 2015 Corresponding to: 30 Jumada Al Akhar 1436 H 60
Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.
Ask AI about this statute
Abu Dhabi Official Gazette - 2015 Edition 2015
Sign in to ask AI about this statute
Sign in to start authenticated, citation-grounded statute research.
Sign inLexChat organizes source-backed legal information for research. Verify amendments, commencement, and current legal force with the official publisher before relying on it.