UAE New Commercial Companies Law: Developments Relevant To Financial Institutions

Analysis

UAE Federal Law No. 2 of 2015 (“New Law”) governing commercial companies in the UAE was recently enacted, being published in the Federal Gazette dated 31 March 2015.

I. Introduction

The New Law will become effective on 1 July 2015 (“Effective Date”) and will replace UAE Federal Law No. 8 of 1984 (“Existing Law”).  The New Law's provisions as regards company structure and governance have been well documented. Developments relevant to financing transactions have received less attention but include provisions on: (i) corporate power and authority; (ii) regulation of Islamic banks; (iii) lending to board members; (iv) requirements in respect of directors interested in transactions; (v) financial assistance; (vi) pledges of shares in limited liability companies (“LLCs”); (vii) related party transactions; and (viii) application of provisions relating to public joint stock companies (“PJSCs”) to LLCs.  This article covers some of the key developments relevant to financing transactions.

II. Power & Authority