Newsletter Archives - Page 45 of 57

Newsletter, U.A.E

UAE judicial system gets smart E-trials

January 17, 2018

On 18^th September 2017, His Highness Shaikh Khalifa Bin Zayed Al Nahyan, the President of the UAE, issued Federal Decree No. 10 of 2017 amending the Civil Procedures Law, dispensed by Federal Law Number 11 of 1992 (the “Law”). It introduces the use of remote communication technologies, known as “e-Trials,” into civil proceedings in UAE. The Law will come into force six months after its publication in the official Gazette Law in 28th September 2017.

The newly introduced law aims to endorse the rule of law, ensure effective justice, provide for fast-track civil trials and to keep pace with progressive technological changes in the Civil Procedures Code. From the year 2018, there will be an allowance of video conferencing in civil court trials and the cases of labor, financial, contracting and intellectual property disputes. The UAE economy is keeping its rapid pace with the advancing technologies through the introduction of smart e-trials.

The UAE Ministry of Justice’s strategy is to launch four initiatives, whereby the year 2021, there will be an online dispute resolution mechanism. The UAE judicial system will see a ‘smart leap’ as it plans to conduct electronic trials (i.e., without real courtrooms), initiate video-conferencing during court hearings. There will also be real-time translations in court proceedings via a screen that will connect translators to secretaries of court and judges, and electronic mediation and conciliation services in criminal justice.

The court chief, the competent judge or the person authorized by the involved parties has the right to allow trial proceedings of the remote communication technologies, when it is considered necessary to do so, at every stage of civil proceedings to facilitate trial procedures.

All the electronic communication of a case will be treated as confidential and will not be published or copied without the permission of the court. The parties involved in the altercation can also request for physical hearings, and the court will give access to the physical hearings after a notifying the other party.

The electronic signature and electronic documents shall have the same authoritative effect as the signatures referred to in the provisions of the Law of Evidence in Civil and Commercial Transactions (Federal Law No. 10 of 1992) and Electronic Transactions and E-Commerce Law (Federal Law No. 1 of 2006).

The implication of this law:

The UAE economy will have an accelerated judicial system that allows video conferencing in seeking foreign legal assistance or using testimonies from overseas experts in foreign countries; by international agreements and treaties, the UAE has signed. The most feature of this law would be the introduction in Article 343 of a new system for accepting the submission of photocopied documents relating to the civil lawsuits that are held using remote communication technologies. The innovation here is that the opposing party cannot object to the presentation of these reports merely because they are photocopies and not originals unless they disagree on the validity of the papers or assert that they were not issued or related to the party attributed to them.

It is a powerful and significant step forward for the UAE economy in achieving speedy justice where all the assurances for a fair trial are being fulfilled and accomplished. This is also a cost-effective solution and will make court proceedings more accessible, well-organized and on par with best international law practices.

Newsletter

Challenges and opportunities for healthcare setup in the region of MENA

January 17, 2018

The investment opportunities in the healthcare sector of the province of MENA is attracting investors worldwide, but there are certain restrictions that an investor has to navigate by abiding the local laws that are required for hospital set up in the MENA region.

The licensing requirements for the hospitals differ in Bahrain, Egypt, Iraq, Jordan, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates which come under the MENA region. It is prudential to know some of the requirements and restrictions imposed under the relevant local law about hospitals operations.

The key players for the licensing requirement are:

The regulatory authorities:

The general regulatory authority that oversees the hospital set up in MENA would be the Ministry of Health. However, the Dubai Health Authority performs this role in the Emirate of Dubai, and the Healthcare Authority of Abu Dhabi plays this role in Abu Dhabi.

The registration requirement:

The MENA region has differences in the registration requirement in its divisions. In Bahrain, hospitals are registered at the Ministry of Industry, Commerce, and Tourism, whereas in Egypt it is done by the Commercial Registry Office. In Kuwait, the Ministry of Commerce and Industry takes care of the commercial registrations of hospitals.

Imposition of local ownership:

The investors have to pay attention to the fact that the most of countries of the MENA region have their licensing requirements of including local ownership. This clause may extend to the properties owned by the hospital or the properties that will be purchased by the hospital.

In Egypt, any foreign national can own shares in a hospital, except for some geographical regions (g., Sanai) where the restrictions of foreign investment apply.
Under UAE or Kuwait,at least 51% of the entity that operates a hospital must be owned by the local shareholder(s).
In Saudi Arabia, before a non- Saudi party acquires shares in a hospital operator, that party will have to secure a license from the Saudi Arabian General Investment Authority.
Finally, in some GCC states, there are also specific nationality requirements in respect of medical staff or a Manager/ Director of the medical facility.

These requirements are crucial for a hospital set up in MENA, and there are also the various licensing requirements to be considered by the investors.

The practicality of these conditions:

Even though the legality of setting up a hospital in MENA may look standard; the investors have to pay attention to the practicalities that may arise under the hospital incorporation or acquisition process that might not have been clear under the local law of the specific region. Most of the times, the local shareholder are listed as owners of the hospital by the authorities rather than mentioning the hospital as the license holder or mentioning all the shareholders as the license holders.

When planning to invest in a hospital set up in MENA region, the investor should be well versed in the licensing requirements and the local law. Even though they may appear restrictive, they also help in meeting commercial business objectives and the legal requirements.

Reach our consultant at [email protected] to know more about healthcare setup in MENA region or visit us at www.intuitconsultancy.com

Newsletter

CBB regulates playtime in Sandbox for Fintech firms

January 17, 2018

The Central Bank of Bahrain introduced a regulatory Sandbox for the Fintech Firms in July 2017 for testing their innovative and customer beneficial technologies in a safe virtual place. The State of Bahrain is the second member state of the GCC to introduce these regimes.

A regulatory sandbox is a place where the startup and established Fintech firms could develop their financial technology (“FinTech”) sector in a safe, measured and practical manner. The Sandbox helps in developing, testing and tweaking the commercial technology of the Fintech firms. This regulatory compliance of Bahrain enables the companies to test and refine their technique without the pressure of the usual regulatory and financial requirements which would otherwise apply to their activities.

The notable features of this sandbox are:

The regulatory sandbox is open to existing CBB licensees as well as to entities or firms that do not hold a license issued by the CBB (both Bahraini and foreign). Such non-licensed companies or entities may include financial sector companies as well as technology and telecom companies; professional services firms which work with or service financial institutions; and any other type of applicant working within the financial services industry and considered acceptable by the CBB.
The regulatory sandbox is open both to existing FinTech solutions which have already been tested within a lab environment, as well as to ideas and solutions which are yet to be fully developedand
The time allotted for an applicant to remain within the regulatory sandbox is a maximum of nine months (with the possibility of an entirely discretional extension of three months).
The CBB may limit the testing of the product or service by the applicant regarding the number of volunteer customers and the amounts involved.

The eligibility criteria:

Innovativeness: the technology should be genuinely innovative or expressively diverse to existing elucidations within the Bahrain market,
Customer benefits: it should offer tangible benefits directly or indirectly to the customer,
Technical testing: this is only for existing technology, the firm offering with existing technology should have obtained technical testing with the results to be provided to the CBB or produce an external validation from a reputable third party,
Ready for regulatory testing:Applicants are obligated to show evidence of a thriving regulatory testing plan which includes highlighting of the key risks the solution poses; details of how these will be alleviated; and details of sufficient safeguards to protect customers.
Post-testing deployment in Bahrain. The applicant should exhibit their aim and ability to deploy the projected solution in Bahrain by way of submission of a Sandbox exit strategy (to include specific details of proposed scale-up and future deployment).

The application procedure:

The applicants have to submit a written application using the standard template issued by the CBB for the sandbox regulatory compliances in Bahrain, and they should provide the following details:

A description of the applicant’s organization as well as its corporate structure, key business lines and centers, and its financial standing and technical expertise;
The proposed innovative financial solution, and how it satisfies the eligibility criteria
The information as to the type (and number) of volunteer customers to be included in the applicant’s sandbox testing; how they will be sourced, and proposals to protect the volunteer customers and their privacy;
Key performance indicators and targets which will be used to determine the success of the testing
The cybersecurity and other relevant measures to be applied by the applicant to maintain security of the solution service or product; and
The applicant’s exit plan, plans for development and deployment strategy, together with a timeline of steps to be taken to meet the additional legal and regulatory compliances in Bahrain after exiting the regulatory sandbox.

The CBB reserves the right to relax the requirements according to the applicant’s situation. The applicants are required to adhere to the relevant CBB regulations with regards to Know Your Customer (KYC), Anti-Money Laundering (AML) and Countering Financing of Terrorism (CFT). Also, the funds received by the applicants from the volunteer customers, required to be entrusted to the handling of CBB licensed retail banks.At the end of the designated period, the applicant can apply for appropriate CBB license depending on the precise activities of the applicant.

The introduction of the new framework and the creation of a dedicated FinTech Unit within the CBB are consistent with Bahrain’s sustained focus on promoting the kingdom as the emerging FinTech and financial services hub of the Middle East region. At the same time, the defenses built into the regulatory compliance in Bahrain will ensure the required level of consumer protection and regulatory oversight which have long established Bahrain as one of the leading financial sector hubs in the GCC.

Visit www.intuitconsultancy.com to know about regulatory compliance

Newsletter

Singapore shows accelerated growth in the third quarter

January 17, 2018

Singapore has witnessed a rapid growth boost in the third quarter as the Gross Domestic Product(GDP) registered a growth rate of 8.8% over the expected growth rate of 6.3% and the GDP of the year was at 5.2 % than the estimated 5%. The stabilization of the global trade has boosted the growth of the country’s economy like Singapore’s economy is mainly dependent on the growth of the worldwide economy.

The growth of the economy has further spread into the industries like services where there is a boom in the company formation in Singapore thereby enabling the Government to review their projections for the year.

The Trade Ministry of Singapore is of the view that the growth of the GDP will rise more in the current year by basing the calculations on the new company registration in Singapore and emerging markets worldwide as well as the U.S market. The growth of exports is expected to diminish a little in the year 2018 as per the report of International Enterprise Singapore is supposed to have an increase of only 0 to 2 percent.

The domestic businesses will fare well with Singapore company formation as the labor market is also improving. As the economy of Singapore is mainly supported by the manufacturing industry, company registration in Singapore will prove beneficial for home-basedentrepreneurs. However, the third quarter saw a boom in company registration in Singapore of the sectors of business services and the retail segment.

Experts also expect the economy of U.S to “pick up slightly.” because of the buoyant labor force and consistent business growth in the Eurozone and the neighboring country of China will have moderate increase.

The hitch to this robust growth of Singapore would be the uncertainty surrounding the U.S policy, persistent protectionist sentiments and high tension surrounding the Republic of North Korea. Experts are of the view that the recovery of Singapore is broadening in various sectors slowly and steadily.

To know more about Company formation in Singapore reach us at [email protected] or log on to www.intuitconsultancy.com

Newsletter

OECD aware of strengthening Global economy and shifts its focus on the private sector for its unprecedented growth

January 17, 2018

According to the latest report of OECD, the Global economy has enhanced due to the monetary and fiscal reasons and has shown a broad and coordinated improvement of growth in most of the countries.

Experts estimate that the economic trends of 2018 would also be on the rise, but at a slower pace as the, there are long-term challenges of creating more resilient economies to sustain the challenges of future. OECD is now focusing on the prolonged growth behavior of the private sector which also include investment, production, and trading. The employment levels are far above the pre-crisis level and yet are to produce robust real wage gains. The economic trends of 2018 if not explicit, can spell weakness for the global economy in 2019.

The debt of household and corporate are creating vulnerabilities and making sustainability a questioning factor in the medium term. The Economic Outlook for OECD is advocating an integrated approach while tackling all the issues of macroeconomic policy and a change in the structural systems. The OECD is of the opinion that the Global economy would benefit from healthier and robust financial system that would reduce the tax bias towards debt, open equity markets and clear out the problem of the insolvency regimes. Making the supply of housing more fluid and removal of tax subsidies for housing requirements would alleviate the tendency of sudden boom or fall in the market.

The projection of OECD for the global economy for the current year is at 3.7 percent, while for the year 2017 it was at 3.6 percent and the same percentage is expected for the year 2019.

The OECD has also predicted the percentage of the economic trends of 2018 and 2019 for the following countries:

Countries	2017	2018	2019
The United States of America	2.2	2.5	2.1
Eurozone	2.4	2.1	1.9
Germany	2.5	2.3	1.9
Italy	1.6	1.5	1.3
France	1.8	1.8	1.7
The United Kingdom	1.5	1.2	1.1
Japan	1.5	1	1
Canada	3	2.1	1.9
China	6.8	6.6	6.4
India	6.7	7	7.4
Russia	1.9	1.9	1.5
Brazil	0.7	1.9	2.3

The growth in the United Kingdom is unpredictable as the political situation of the country remains unstabilized, and the growth of Japan is hit due to the reasons of fiscal consolidation and the decline in the working-age population is on the rise. The major economies are on the mend even though China still maintains a softer lead due to a recession in the major export products. The economic trends 2018 of India seem brighter as the Government introduces new age reforms to accelerate the growth of the economy.

OECD is of the view that an integrated policy approach will steady the global economy which will boost growth, moderate risks in the financial sector and increase resilience.

Newsletter, U.A.E

The benefits of the DIFC Special Purpose Company (SPC)

January 17, 2018

The Dubai International Financial Centre (DIFC) is a prominent center for intercontinental companies that are having its base in the Middle East, Africa, and Asia. The DIFC Special Purpose Company (SPC), in particular, has become a favored method for either Islamic or a conservative, structured company formation in Dubai, and also for the acquisition, retention, and removal of an asset or for obtaining the financing over an asset as part of Dubai Company Registration.

An SPC is a company that is limited by its shares and is incorporated under DIFC law. The company so registered enjoys the benefits of no foreign ownership restrictions and no obligation to lease separate office space, coupled with a zero tax environment. However, every SPC must appoint a Corporate Service Provider (CSP) that is registered in the DIFC to be responsible for its registered office address, majority directors, and a corporate Company Secretary.

As merger and acquisition activity continues to develop in the UAE, there is a proper scope for Dubai company registration, and the SPC’s provide a legal and robust framework for company registration in Dubai.

The Dubai Investment Development Agency offers significant benefits regarding the protection of definitive beneficial ownership and the control of the transactional structure, while also satisfying the criteria of a company’s due diligence and corporate governance obligations.In concrete terms, there is no requirement to lease office space, to maintain, file and audit accounts, or to conduct an AGM.

An SPC, incorporated in the DIFC, is beneficial for parties looking to invest in other Gulf Cooperation Council (GCC) jurisdictions outside the UAE, who wish to be incorporated within the DIFC’s globally oriented and English-speaking supervisory and legal system. It provides compatibility to the multifaceted structures with other offshore and onshore authorities and is treated as a ‘national company’ where it is wholly-owned by UAE nationals.

This DIFC Special Purpose Company is boon for investors looking forward to placing their company formation in Dubai and still be part of the international business.

For company formation in DIFC log on to www.intuitconsultancy.com or mail us at [email protected]

Newsletter, Oman

Checklist for Oman VAT implementation

January 17, 2018

The GCC council has set the stage for VAT implementation from the start of this year or in the first quarter of 2018, and the member states of the United Arab Emirates and Saudi Arabia have issued a formal announcement and implemented VAT law in their respective provinces.VAT in GCC comes with a certain flexibility,and the member states can take advantage of this flexibility to draft VAT law according to their local business and regulatory regime.

Oman is yet to implement VAT, and businesses should seek guidance to avoid penalties and issues of non-compliance. They should have adequate knowledge to tackle the potential scenarios of VAT in Oman like the updating of accounting and IT systems and revision of contracts. As the VAT liabilities are self-assessed, it often leads to severe penalties or interference in daily business activities.

Along with the other member states, Oman is planning to levy a 5% VAT which is also an indirect tax levied in every stage of economic activity in the supply chain, and this move is a game changer in the area of the indirect tax levy.

Here are some of the ways through which a business can prepare for the forthcoming announcement of VAT in Oman:

Calculate the impact of VAT In GCC and VAT in Oman if the business has an extensive presence in GCC or just in the state of Oman.
Assess whether the business comes within the mandatory threshold, if yes what are the provisions and steps to be taken for the VAT compliance,
Develop a resourcing plan to estimate the necessary work and updating of the systems to accommodate the requirement of the VAT.
Review and revising the internal framework of the business, and internal VAT compliance teams for monitoring and devising reporting mechanisms,
Review and update the existing contracts to include the VAT requirements and ensure all the involved parties are aware of the responsibilities of reporting and accounting of VAT provisions.
Including the necessary contractual revisions in the existing contracts and appraising the vendor of the changes required in managing VAT costs in vendor contracts or future pricing rate in customer contracts.
Training employees on VAT compliance and the updating practices of IT and governance,
Review and implementing the necessary changes in the business framework and models,
Review and updating of the existing and future contractual arrangements with a view of accommodating the VAT law in the with an effect that might impact on the corollary obligations.

These are the changes that business to absorb the provision of VAT in Oman and maintain its position in the market post VAT in GCC.

For more information on VAT implementation in Oman, reach our consultant at [email protected] or log on to www.intuitconsultancy.com

Newsletter, VAT

Effect of VAT in existing construction contracts of UAE

December 11, 2017

The construction companies are now faced with the dilemma of VAT registration and VAT impact in these pre-existing construction contracts as they time of implementing the VAT is drawing near. The GCC council have fixed the implementation of VAT as of January 1, 2018.

The VAT law contains standard rules that accommodate this type of scenario, but these procedures address not all circumstances. The executive regulations, which will provide further details on the transitional provisions, are expected to be issued during the fourth and final quarter of this year.

The VAT registration law decreed that if the supplier supplies goods after the implementation date but has received the payment before the effective date, then those transactions come under the purview of the VAT. Even if the trade happens before the effective date but does not have the clause of tax, then it comes under VAT.

The yet to announce administrative regulations might provide an exception in circumstances where the recipient is also VAT registered and can recover the VAT.The supplier would be entitled to add VAT to the contract price and shift the VAT burden to the recipient, who in turn would be eligible to deduct the input VAT on their VAT return.

Here all you need to know VAT registration in Dubai?

The ground rule is, however, that the supplier will bear the liability of VAT, unless the contract states otherwise, or the executive guidelines provide exclusions allowing a supplier to charge VAT where the supply is to a VAT registered recipient.

Calculation of VAT:

The original payment of VAT payable to the Government is calculated on the contract price that was set before the inclusion of VAT, even though the contract has no mention of VAT addition in the amount. If the contracting company is in the process of VAT registration, the treatment of this pre-existing agreement is expected to be specified in the pending notification of the Government.

The prediction of VAT announcements:

It is expected that the VAT law will provide a detailed solution for contracts that were accepted and finalized before the implementation date and the services supplied after the effective date. The notification is expected in the coming days and is expected to provide clarity on implementation and treatment of VAT issues. If any company is entering into a contract before January 1, 2018, then it is prudential to include the necessary provisions for VAT.

For support on VAT registration in UAE reach our consultant at [email protected]

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The logistics infrastructure advantage of Oman against other players in the Middle East

December 11, 2017

Oman is fast becoming the logistics hub of the Middle East as it has a strategic position of air, sea and road travel. The government of Oman has invested major growth strategies in improving the logistics operational hold of the country and has invited external investors. The port sector is the most benefited sector in the State of Oman. There are immense opportunities for company formation in Oman as the logistics advantage provide a stronghold for the company’s growth.

The sea advantage:

The main viable ports in Oman are situated in Sohar, which lies in the middle of Muscat and Dubai, and Salalah, which sits on the southern coast of Oman entrenched on the Arabian Sea. Company looking for expansion to Oman can capitalize on this port for ease of sea access.As the Government of Oman is recalibrating the shape of its economy away from hydrocarbons, the trade between Oman and Qatar has increased by 2000% since June 2017 as logistic companies looking for incorporation in Oman are continuing to be attracted to Sohar.

The port of Duqum now is the trending port of Oman, and the opportunities for Company registration in Oman is currently very profitable. The Sohar free zone coupled with the Sohar port has opened up immense opportunities for companies looking for expansion to Oman.

The Port of Salalah has continued to be one of the largest integrated ports in the region and recently jumped 14 places in the Lloyd’s Maritime Intelligence List of the world’s top 100 ports following a 29% increase in activity during 2016. The port of Salalah benefits from its uninhibited site on the southern coast of Oman, joining India and the East with Africa.

The Air advantage:

The Muscat airport is currently receiving fewer visitors annually, but with the new up and running Muscat airport, there is expected to be over 12 million visitors annually. Plans are already happening to steadily increase annual passenger load to 48 million passengers per year so that the Government can fulfill its vision of having Muscat airport among the world’s top 20 airports by 2020.

Following the development of Salalah airport, which can be expanded to accommodate six million passengers annually, links will be enhanced with Duqm, Muscat, and the more extensive GCC. Following the formation of Salam Air in 2016 which is Oman’s first low-cost airline, Oman’s overall air conveyance frame has vastly improved for trades and sightseers alike. This has made company expansion to Oman all the easier.

The road advantage:

Oman is well connected by roads and was recently ranked by the World Economic Forum in the top eighth place and the second place in the GCC which reveals the generous financial assurance the Government has made to achieve and maintain this high-quality road infrastructure. These high-quality roads will help in lessening the travel time and facilitate better logistics between the GCC states. The logistics advantage will help achieve a better profit for investors looking for company registration in Oman.

The rail network:

Oman national railway network is estimated at 2,135 km in length and has been designed to serve mixed freight and passenger traffic linking the essential ports at Sohar, Duqm, and Salalah to the rest of Oman. The areas of Salalah and Duqm are considered to be the dominant areas of progress for the country.

China has been working with Oman to revive the maritime silk route, and this route will benefit China, Central Asia, Persia, Arabia, Africa and Europe. This is known as the One belt initiative,and Oman is the most benefited recipient of this proposal. This project has brightened up the prospects of Oman being the major logistics hub of the Middle East.

For company formation in Oman reach our consultant at [email protected] or visit www.intuitconsultancy.com

Newsletter, Saudi Arabia

The workings of the Shari’ah law in the operations of personal and corporate guarantees

December 11, 2017

The Kingdom of Saudi Arabia (“KSA”) is a sovereign Arab state whose final code is the Shari’ah. The Shari’ah is an assortment of principles resulting from different sources, but predominantly the Holy Qu’ran and the Sunnah. As the KSA has not adopted a civil law system, no primary legislation governs financial transaction guarantees in the KSA.

The working of the KSA law for different case scenarios are summarised as follows:

In case of primary obligations of the guarantor:

The guarantor has a secondary responsibility when compared to the principal person, and if the principal is released from the guarantee, the guarantor is also not liable. In the case where the dealing with the primary person is declared void, the guarantor’s obligations are declared void as well. If the principal’s dealing does not satisfy the KSA Shari’ah law, then the eventuality of claiming from the guarantor is not enforceable.

The need for hard copies:

If the dealing is recorded in hard copies, the transaction will be accepted under the KSA law.NO soft copies of fax, telex, bank wire transfer or any other means of electronic communication is accepted in the KSA law. It is prudential for the lenders to gather evidence in the way of hard copies and not depend upon the electronic means of communication.

The favour of ruling:

KSA law is known to favour the guarantor’s as they take on the position as the guarantor’s takes on an obligation not because he has to but because he can. If the lender delays initiating a procedure against the guarantor then, Banking Disputes Settlement Committee in the past has been found to understand that any delays on the part of a lender to use its rights against a guarantor can be interpreted as a waiver of the lender’s rights against the guarantor.

Full and specific guarantee:

KSA law favours contract that has specified the reason for the contract and is of the view that the contract should have a date of expiry. The contract should not have a general obligation involving all the monies guarantee clause as they might face obstacles in enforcing this agreement.

Governing body:

The KSA law and other adjudicatory system do not conventionally identify the applicability of foreign law irrespective of any agreement between the parties in respect of authority and applicable laws. Based on this reason lenders should be prepared to enforce a guarantee provided by a KSA entity in the KSA.

Final word:

KSA law is quite clear on its stand regarding the personal and corporate guarantees; the lenders should take comprehensive guidance about the KSA law before entering into these contracts.

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Here all you need to know VAT registration in Dubai?

Calculation of VAT:

The prediction of VAT announcements:

Our Latest Articles:

The sea advantage:

The Air advantage:

The road advantage:

The rail network:

In case of primary obligations of the guarantor:

The need for hard copies:

The favour of ruling:

Full and specific guarantee:

Governing body:

Final word:

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