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UAE Central Bank and Financial Institutions Decree-Lawarticles 1–100

  1. Article 1 — Article (1) Definitions

    In the implementation of provisions of this decree-law, and unless the context otherwise requires, the following words and expressions shall have the meanings cited against each: State: The United Arab Emirates (UAE). Go

  2. Article 2 — Article (2) Scope of Application of this Decree-Law

    The provisions of this decree-law shall apply to the Central Bank, financial institutions, insurance business, financial activities, and Persons subject to it; and shall not apply to the Financial Free Zones in the State

  3. Article 3 — Article (3) Independence of the Central Bank

    1. The Central Bank shall be considered a federal public institution having its own body corporate, and enjoying financial and managerial independence, and the required juridical capacity to conduct all business and acti

  4. Article 4 — Article (4) The Central Bank Headquarters

    Headquarters of the Central Bank and its official address, along with its main branch shall be located in the State’s capital and may, upon Board of Directors approval, establish affiliated entities and open branches, of

  5. Article 5 — Article (5) Principal Objectives and Functions of the Central Bank

    1. The Central Bank aims at achieving the following objectives: a. Maintain stability of the national Currency within the framework of the monetary system; b. Contribute to the promotion and protection of the stability o

  6. Article 6 — Article (6) Capital and Reserves

    1. The paid-up capital of the Central Bank shall be twenty billion (20,000,000,000) Dirhams. 2. The Central Bank shall maintain a ‘General Reserve Account’ for the purpose of building capital reserves from net profits it

  7. Article 7 — Article (7) Profits and Losses of the Central Bank

    1. The Board of Directors shall, at the end of each financial year, determine the Central Bank’s annual net profits after deducting administrative and operational expenses, and allocating necessary funds for depreciation

  8. Article 8 — Article (8) Financial Year and Organization of Operations and Accounts

    1. The financial year for the Central Bank shall commence on the first day of January and end on the thirty-first day of December of each Year. 2. Operations of the Central Bank shall be conducted, and its balance sheet

  9. Article 9 — Article (9) Accounts Auditing

    The accounts of the Central Bank shall be audited by an auditor or more, selected periodically by the Board of Directors. The Board of Directors shall determine the auditors’ annual remunerations.

  10. Article 10 — Article (10) Required Statements and Accounts Reports

    1. Within three (3) months from end of the financial year, the Central Bank shall submit to the Chairman of the Presidential Court an annual report to be presented to the President of the State on the following: a. The f

  11. Article 11 — Section One: The Board of Directors: Article (11) Members of the Board of Directors

    The Central Bank shall be managed by a Board of Directors of seven (7) members, including the Chairman and the Governor.

  12. Article 12 — Article (12) Members Appointment

    1. Members of the Board of Directors shall be appointed by a federal decree based on recommendation of the Cabinet, and shall serve for a four (4) year term renewable for similar periods. The federal decree designates fr

  13. Article 13 — Article (13) Membership Conditions

    A member of the Board of Directors shall satisfy the following conditions: 1. Must hold UAE nationality; 2. Have experience in economic, financial, or banking affairs; 3. Not have been declared bankrupt or failed to repa

  14. Article 14 — Article (14) Resignation or Vacancy of Position

    1. A member of the Board of Directors appointed in accordance with Article (12) of this decree-law may seek approval of his resignation by a written request submitted to the Chairman. A federal decree accepting such resi

  15. Article 15 — Article (15) Termination of Membership

    1. Membership of the Board of Directors terminates upon end of the term of office without renewal, death, or resignation. Membership of the Board of Directors may also be terminated by a federal decree, based on the Cabi

  16. Article 16 — Article (16) Powers and Functions of the Board of Directors

    The Board of Directors shall, within the limits of the provisions of this decree-law, exercise all powers required for achieving the objectives for which the Central Bank has been established. The Board of Directors shal

  17. Article 17 — Article (17) Formation of Committees and Delegation of Authorities

    1. The Board of Directors may form committees it deems appropriate to assist in the discharge of its functions and jurisdictions in accordance with the provisions of this decree-law. 2. Such committees referred in item (

  18. Article 18 — Article (18) Meetings of the Board of Directors

    1. The Board of Directors shall, upon invitation by the Chairman, hold an ordinary meeting, at least once every sixty (60) days. 2. The Chairman may call the Board of Directors to convene whenever the need arises. 3. The

  19. Article 19 — Article (19) Meetings Quorum

    1. The Board of Directors meeting shall not be valid unless attended by at least (5) five members, including the Chairman, one of his deputies, or the Governor. 2. Decisions of the Board of Directors shall be adopted by

  20. Article 20 — Article (20) Remunerations and Entitlements

    The Board of Directors shall establish a regulation regarding remunerations of the Governor and his other entitlements, and the remunerations of the Chairman and members of the Board of Directors. A federal decree, to th

  21. Article 21 — Section Two: Governor of the Central Bank, his Deputies and Assistants: Article (21) Powers and Competencies of the Governor

    1. Without prejudice to the powers established for the Board of Directors or the Chairman provided herein, the Governor shall be the legal representative of the Central Bank. 2. Without prejudice to any competencies esta

  22. Article 22 — Article (22) Appointment of Deputy and Assistant Governors

    The Governor shall have deputies and assistants with the rank of undersecretary, appointed by federal decree upon the proposal of the Chairman. They shall assist the Governor in exercising his powers. The Governor may de

  23. Article 23 — Article (23) Dedication of Service

    1. The Governor, his deputies and assistants shall devote their full time to their work at the Central Bank, and none of them shall hold any paid or unpaid position, or be a member of the board of directors of any Licens

  24. Article 24 — Section Three: Higher Shari`ah Authority: Article (24) Establishment and Powers of the Higher Shari`ah Authority

    1. An authority named Higher Shari`ah Authority attached to the Central Bank shall be established with a membership of not less than five (5) members and not exceeding seven (7) members, of sufficient knowledge, experien

  25. Article 25 — Section Four: Institutional Safeguards and Cooperation Frameworks: Article (25) Exemption from Liability

    1. The Central Bank, members of the Board of Directors, members of committees formed by the Board of Directors, whether from within its membership or from outside, members of advisory boards, staff of the Central Bank an

  26. Article 26 — Article (26) Confidential Information

    1. It is prohibited for any member of the Board of Directors, any member of the committees and advisory boards formed by the Board of Directors, any employee or representative of the Central Bank, any expert, technical p

  27. Article 27 — Article (27) Declaration of Conflicts of Interest

    1. A member of the Board of Directors shall, upon his appointment, declare his interests, which may conflict with his membership at the Board of Directors. Should any member of the Board of Directors have a personal inte

  28. Article 28 — Article (28) Cooperation with Local and International Authorities

    1. The Central Bank may cooperate with the regulatory authorities in the State, the concerned regulatory authorities outside the State or in Financial Free Zones , and with international organizations and institutions, i

  29. Article 29 — Article (29) Engagement of Experts, Technical Personnel and Academics

    The Central Bank may seek assistance of experts, technical personnel and academics, or any other party deemed appropriate, and determine their remunerations and entitlements. The Board of Directors may also invite to its

  30. Article 30 — Article (30) Provision of opinion on Draft Regulations and Rules

    1. The Central Bank may elect to involve the public or industry professionals, within a prescribed time period, in providing their opinions on draft regulations and rules regulating the business of Licensed Financial Ins

  31. Article 31 — Chapter Four: Monetary Policy and Financial Stability: Article (31) Monetary Policy

    The Central Bank shall: 1. Determine its monetary management framework, related tools and operational set-up for implementation of its monetary policy objectives, including policies relating to the management of the exch

  32. Article 32 — Article (32) Reserve Requirements

    1. The Central Bank may, for macroprudential and liquidity management purposes, impose minimum Reserve Requirements on qualified liabilities held with deposit-taking Licensed Financial Institutions. 2. The Central Bank s

  33. Article 33 — Article (33) Macroprudential Policy

    The Central Bank shall determine its macroprudential policy framework and therein establish related instruments to contribute in promoting and protecting financial stability in the State. Macroprudential policy tools ref

  34. Article 34 — Article (34) Coordination between Monetary and Fiscal Policies

    The Central Bank and the Ministry shall establish a mechanism for coordinating monetary policy and fiscal policy for the purpose of achieving balanced and sustainable growth in the national economy. Such coordination sha

  35. Article 35 — Article (35) Designating Systemically Important Licensed Financial Institutions

    The Central Bank shall solely have the authority to designate any Licensed Financial Institution as systemically important. For such purpose, the Central Bank may require the designated Licensed Financial Institution to

  36. Article 36 — Article (36) Domestic Market and External Sector Statistics

    1. The Public Sector and Government-Related Entities shall provide the Central Bank with all information and statistics it requires for the purpose of achieving its objectives and discharging its functions under the prov

  37. Article 37 — Article (37) Research and Periodic Reports

    The Central Bank may undertake any of the following: 1. Conduct studies, research, surveys, working papers and analyses in areas including the macro-economy, monetary policy, financial stability, banking sector, insuranc

  38. Article 38 — Section One: Operations with the Public Sector and Government-Related Entities: Article (38) Advisor and Financial Agent of the Government

    1. Advise the Government on matters falling within its jurisdiction, and shall provide its opinion on monetary, banking, and financial affairs as requested by the Government. 2. Participate in negotiations relating to th

  39. Article 39 — Article (39) Banker to the Public Sector and Government-Related Entities

    1. For the purposes of achieving objectives of its monetary policy, and in order to provide for Public Sector and Government-Related Entities’ needs for Dirham and foreign currencies, the Central Bank shall buy or sell f

  40. Article 40 — Article (40) Investment and Deployment of Government Funds

    Apart from the funds deposited with the Central Bank in accordance with the provisions of Article (39) of this decree-law, the Central Bank shall not interfere in the investment and deployment of Government funds or fund

  41. Article 41 — Section Two: Operations with Financial Institutions, Monetary Authorities, and other Central Banks: Article (41) Opening of Accounts and Maintaining Financial Balances

    The Central Bank may: 1. Open Dirham or foreign currencies accounts for Licensed Financial Institutions, securities exchanges and central counterparties, central securities depositories, operating in the State, other mon

  42. Article 42 — Article (42) Money and Capital Markets Operations

    The Central Bank may conduct the following money and capital markets operations: 1. Purchase, re-purchase, sell, accept and place deposits of gold bullion and precious metals. 2. Maintain interest bearing and non-interes

  43. Article 43 — Article (43) Monetary and Financial Stability Measures

    The Central Bank may: 1. Take all necessary measures to maintain the conduct of operations of Licensed Financial Institutions, within the frameworks and controls it deems appropriate. For this purpose, the Central Bank s

  44. Article 44 — Article (44) Management of Securities Programs and Appointment of Primary Dealers

    1. The Central Bank shall issue rules and guidelines to manage securities programs it establishes, provided that such rules shall include issuance terms and conditions, tender process rules, custody, settlement, and trad

  45. Article 45 — Section Three: Investment of Central Bank’s Funds and Monetary Base Cover: Article (45) Investment of Funds

    The Central Bank may: 1. Invest its funds in accordance with the investment policy and guidelines set by the Board of Directors, in all or any of the following: a. Gold bullions and other precious metals. b. Currencies i

  46. Article 46 — Article (46) Monetary Base Cover

    1. The market value of balance of Foreign Reserves held by the Central Bank, shall not, in all cases, be less than seventy percent (70%) of the value of the Monetary Base. Such Foreign Reserves shall consist of one or mo

  47. Article 47 — Chapter Six: Institutional Provisions and Privileges: Article (47) Establishment and Governance of Corporate Entities

    The Central Bank, for the purpose of achieving its objectives and discharging its functions stipulated in this decree-law, may establish or participate in establishing commercial or financial companies or institutions, o

  48. Article 48 — Article (48) Privilege, Guarantee of Own Rights, and Settlement of Obligations

    1. Debts of the Central Bank shall enjoy the same privilege that the Government debts have over property of its debtors. Debts of the Central Bank shall be collected in the same manner and by the same means prescribed fo

  49. Article 49 — Article (49) Financial Exemptions

    1. The Central Bank shall be exempt from taxes, fees, and expenses relating to the following: a. Its capital, reserves, Currency issuance, or income. b. Its contribution, shares, or profits originating from companies and

  50. Article 50 — Article (50) Guardianship of Premises and Safe Transport of Funds and Valuables

    1. The Government shall provide guardianship for the Central Bank’s premises, and the security escort needed for the safe transport of funds and valuables, free of charge. 2. The Central Bank may establish necessary cont

  51. Article 51 — Article (51) Dissolution of the Central Bank

    The Central Bank shall not be dissolved except by a law specifying the rules and timing of its liquidation.

  52. Article 52 — Article (52) Currency Unit

    The official Currency of the State ‘the Dirham’ shall be referred as (إ هـ د) in Arabic letters and as (AED) in Latin letters or as ( ) in symbol, and be subdivided into one hundred (100) fils.

  53. Article 53 — Article (53) Currency Issuance

    1. Issuance of Currency shall be the exclusive right of the State. This right shall be exercised solely and exclusively by the Central Bank. 2. No Person shall issue or put into circulation Currency or use any instrument

  54. Article 54 — Article (54) Currency Legal Tender

    1. Currency notes and currency in digital form issued by the Central Bank shall be legal tender for payment of any amount with its full-face value. 2. Currency coins issued by the Central Bank shall be legal tender in th

  55. Article 55 — Article (55) Currency Specifications, Features and Denominations

    1. Currency notes issued by the Central Bank shall be of such denominations, designs, and specifications, and bear such features as shall be decided by the Board of Directors and shall bear the official signature of the

  56. Article 56 — Article (56) Commemorative Currency

    1. The Board of Directors shall determine conditions for sale and purchase of commemorative coins of precious metals and commemorative banknotes at the Central Bank. 2. The Central Bank may issue commemorative Currency f

  57. Article 57 — Article (57) Currency Notes and Coins

    1. New Currency notes and coins shall be put in circulation by a Board of Directors decision specifying their denominations and quantities. Such decision shall be published in the Official Gazette and communicated to the

  58. Article 58 — Article (58) Currency in Digital Form

    1. The Board of Directors shall issue a decision regulating the Currency in digital form to be put in circulation and redeemed in exchange for payment of its full nominal value, such decision may prescribe the method of

  59. Article 59 — Article (59) Currency Mutilation, Destruction and Shredding

    No Person is permitted to mutilate/deform, destroy or shred Currency, in whichever manner. The Board of Directors shall issue regulations on replacement of mutilated/deformed, destroyed or shredded Currency.

  60. Article 60 — Article (60) Prohibition of Carrying on or Promoting Financial Activities Without a License

    1. No Person may carry on any of the Licensed Financial Activities without obtaining the required license in accordance with the provisions of this decree-law. 2. Licensed Financial Activities shall only be carried on, i

  61. Article 61 — Section One: Carrying on Licensed Financial Activities: Article (61) Licensed Financial Activities

    1. The following activities shall be considered financial activities subject to the Central Bank licensing in accordance with the provisions of this decree-law: a. Taking deposits of all types, including Shari`ah-complia

  62. Article 62 — Article (62) Carrying on Licensed Financial Activities through Emerging Technologies

    Without prejudice to the Licensed Financial Activities referred to in item (1) of Article (61) of this decree-law, any Person carrying on, offering, issuing, or facilitating, whether directly or indirectly, any Licensed

  63. Article 63 — Section Two: Licensing of Financial Institutions: Article (63) Application for Licensing

    1. Any Person may, in accordance with regulations issued by the Board of Directors, submit to the Central Bank an application for a license to carry on one or more Licensed Financial Activities or addition of one or more

  64. Article 64 — Article (64) Deciding on Licensing Application or Extension of License Scope

    1. Deciding on licensing application or extension thereof shall be within a period not exceeding sixty (60) working days from date of meeting all conditions and requirements for licensing. The expiry of the period withou

  65. Article 65 — Article (65) Imposing Conditions and Restrictions on a License

    1. The Central Bank may impose conditions or restrictions, or otherwise change or cancel conditions or restrictions imposed on a license issued for any Licensed Financial Institution. 2. The Central Bank may, prior to is

  66. Article 66 — Article (66) Suspension, Withdrawal, or Revocation of License

    1. The Central Bank may suspend, withdraw, or revoke a license issued to a Licensed Financial Institution, in any of the following cases: a. If the Licensed Financial Institution ceased to meet, or breached one or more o

  67. Article 67 — Article (67) Use of Term ‘Bank’ or ‘Masraf’

    1. Entities other than Banks licensed in accordance with the provisions of this decree-law shall not use, in their business addresses or advertisements, the expressions ‘Bank’, ‘Masraf’ or any other expression derived th

  68. Article 68 — Article (68) Entry to the Register and Licensing Fees

    1. An electronic register named ‘Register of Licensed Financial Institutions’ shall be created at the Central Bank, to which names of Licensed Financial Institutions and their related data and any amendments thereto, sha

  69. Article 69 — Article (69) Legal Form

    1. Banks and (Re)Insurance Companies shall take the form of public joint-stock companies, with incorporating law or decree so permits. Branches of foreign Banks, specialized Banks, and branches of foreign (Re)Insurance C

  70. Article 70 — Article (70) Minimum Capital Requirements

    The Board of Directors shall establish regulations on the minimum capital requirement for Licensed Financial Institutions, and conditions and instances of increase or decrease of capital, and shall determine risk-based c

  71. Article 71 — Article (71) Shareholding and Ownership in Licensed Financial Institutions

    1. Without prejudice to the financial and commercial activities restricted to UAE nationals prescribed in any other law, the Board of Directors shall determine the conditions and controls for shareholding and ownership i

  72. Article 72 — Article (72) Representative Offices

    1. No Licensed Financial Institutions established outside the State or in a Financial Free Zone is allowed to conduct the business of a representative office within the State without being licensed by the Central Bank. 2

  73. Article 73 — Article (73) Amendment of the Memorandum and Articles of Association

    1. Licensed Financial Institutions shall seek prior approval from the Central Bank for amendments they wish to incorporate to their memorandum or articles of association. 2. The Central Bank shall decide on the request r

  74. Article 74 — Section Three: Provisions for Islamic Financial Institutions: Article (74) Scope of Activity of Islamic Financial Institutions

    1. Islamic Financial Institutions may carry on the Licensed Financial Activities referred to in Article (61) of this decree-law in accordance with the rules and principles of the Islamic Shari`ah, whether for their accou

  75. Article 75 — Article (75) Internal Shari`ah Supervision

    1. An independent committee named ‘Internal Shari`ah Supervision Committee’ shall be established within each Islamic Financial Institution. Such committee shall consist of experienced specialists and those with capabilit

  76. Article 76 — Article (76) Report of the Internal Shari`ah Supervision Committee

    1. The Internal Shari`ah Supervisory Committee shall prepare an annual Shari`ah report to be presented to the general assembly of the Islamic Financial Institution. The report shall be prepared in accordance with the tem

  77. Article 77 — Article (77) Contravention of Islamic Shari`ah Provisions

    Where it is established that an Islamic Financial Institution, has conducted business that contravene the rules and principles of Islamic Shari`ah, as per the Higher Shari`ah Authority rulings, resolutions and standards,

  78. Article 78 — Section Four: Provisions for Insurance Companies and Related Professions: Article (78) Types of Insurance

    1. Insurance business and services shall be divided into the following two types: a. Insurance of Persons and fund accumulation operations; and b. Property and liability insurance. 2. The resolutions, regulations and ins

  79. Article 79 — Article (79) Compulsory Insurance

    The Board of Directors may impose compulsory insurance against some risks pursuant to regulations whereby the controls and conditions of such insurance and other provisions related thereto are identified.

  80. Article 80 — Article (80) Prohibition to Combine Insurance Operations

    1. It is prohibited for Insurance Companies to combine insurance of Persons and fund accumulation operations and property and liability insurance operations. 2. Insurance Companies licensed to carry on the two types of i

  81. Article 81 — Article (81) Prohibitions on Authorized Individuals

    1. It is prohibited for an Insurance Company’s chairman, board members, and Authorized Individuals or any Person acting on their behalf to: a. Engage in managing other competing Insurance Company or any company that carr

  82. Article 82 — Article (82) Insurance with a Company Outside the State or in a Financial Free Zone

    1. Insurance or insurance brokerage of properties existing in the State or liabilities arising therefrom may only be carried on by Insurance Companies licensed in accordance with the provisions of this decree-law. 2. An

  83. Article 83 — Article (83) Insurance Policy

    1. Insurance Companies shall provide the Central Bank with forms of Insurance Policies and related annexes, including general and special terms and conditions, technical grounds of such policies and Premium rates annexed

  84. Article 84 — Article (84) Resignation of Authorized Individuals and Vacancy of their Positions

    1. Should the chairman and board members of an Insurance Company submit their resignations or should the vacant positions reach one-quarter (1/4) of the company’s board members, the Governor shall: a. Form an interim com

  85. Article 85 — Article (85) Publication of the Call to the General Assembly Meeting

    1. An Insurance Company shall not publish an invitation to hold general assembly meeting in daily newspapers unless approved by the Central Bank. The concerned company shall not include any additional items on the genera

  86. Article 86 — Article (86) Technical Provisions and Solvency Margin Requirements

    Insurance Companies shall comply with Technical Provisions, Solvency Margin requirements, and any reserves as determined by the Central Bank to be maintained in the State, in accordance with the directions issued by the

  87. Article 87 — Article (87) Appointment of Actuary

    An Insurance Company shall appoint or approve an Actuary within one (1) month from date the license is granted, and shall so notify the Central Bank within one (1) month from the date of appointment or approval of the Ac

  88. Article 88 — Article (88) Insurance Pool

    Insurance Companies may together establish one Insurance Pool or more, which include collective arrangements among several (Re)Insurance Companies, for the purpose of underwriting specific risks by contributing Premiums

  89. Article 89 — Article (89) Insurance of Vehicles

    An Insurance Company shall conclude Insurance Policy for all motor vehicles licensed in the State when so requested by concerned parties. The Board of Directors may set the insurance rates as commensurate with the severi

  90. Article 90 — Article (90) Provision of Data and Information

    1. Insurance Companies and Insurance-Related Professions shall provide any data or information requested by the Central Bank concerning them or about any company has an ownership or subsidiary relationship therewith in a

  91. Article 91 — Article (91) Disclosure and Transparency

    Insurance Companies and Insurance-Related Professions shall comply with the principles of disclosure and transparency while dealing with the Insured and Beneficiaries and in all policies, documents, leaflets, advertiseme

  92. Article 92 — Article (92) Guarantee Deposits with the Central Bank

    1. (Re)Insurance Companies shall make a cash deposit at the Central Bank, as a guarantee for meeting their obligations referred to in this decree-law. The value of the cash deposit shall be determined in accordance with

  93. Article 93 — Article (93) Mathematical Reserve

    An Insurance Company that carries on Insurance of Persons and fund accumulation operations shall maintain funds, in the State, whose value is at least equivalent to the full amount of the mathematical reserve of contract

  94. Article 94 — Article (94) Reinsurance Controls

    Insurance Companies shall not reinsure with another Insurance Company unless the other Insurance Company is licensed to carry on the insurance type entrusted to reinsure it, in accordance with the regulations issued by t

  95. Article 95 — Article (95) Bank Guarantee of Foreign Insurance Companies’ Branches

    1. Branches of foreign Insurance Companies shall be obligated to submit an unconditional and irrevocable bank guarantee in favor of the Central Bank, in an amount determined by the Board of Directors, from time to time,

  96. Article 96 — Article (96) Prohibition of Insurance Policies Differentiation

    Insurance Companies engaged in insurance business for Persons and fund accumulation operations shall not differentiate between Insurance Policies issued of the same type; in terms of insurance rates, the proportion of pr

  97. Article 97 — Article (97) Assessment of Value of Liabilities

    1. Insurance Companies that carry on the insurance of Persons and fund accumulation operations shall examine the financial position of this type of insurance and assess the value of its outstanding obligations on a quart

  98. Article 98 — Article (98) Actuary Report

    1. The regulations issued by the Board of Directors, pursuant to this decree-law, shall set the data required to be included in the ‘Actuary Report’ on the result of the assessment and examination referred to in Article

  99. Article 99 — Article (99) Distributable Funds and Dividends

    1. Insurance Companies that engage in the insurance of Persons and fund accumulation operations shall not deduct, whether directly or indirectly, any part of their funds corresponding to their obligations arising from In

  100. Article 100 — Article (100) Assessment of Insurance Policy Value

    In the event of bankruptcy or liquidation of an Insurance Company engaged in the insurance of Persons or fund accumulation operations, the amounts due to each of Insured not yet expired shall be assessed to equate the ma

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