Salient Provisions of the Draft UAE Federal Bankruptcy Law

Analysis

James Farn, Partner and Head of Banking & Finance in Hadef & Partners' Abu Dhabi office, details the salient provisions of the draft UAE federal bankruptcy law and their practical effect on conducting business in the UAE

In brief

  • The emphasis of the draft law is to create a more modern, debtor-friendly regime and promote a rescue or rehabilitation culture as an alternative to formal insolvency procedures,

  • The existing bankruptcy provisions which are contained in Volume V of Federal Law No. 18/1993 (UAE Commercial Transactions Law) are to be repealed. Other bankruptcy-related provisions in other UAE legislation remain untouched.

  • Key features of the new law:

  •   Although the new law applies more widely, it will not apply to government entities or entities incorporated and licensed to operate in a financial free zone such as the DIFC.

  •   The conditions necessary for commencement of relevant insolvency procedures draw in part on those used under existing French and Germany insolvency laws.