UAE: Bankruptcy Law Amendments Approved
The UAE’s Cabinet has approved amendments to the country’s Bankruptcy Law.
The amendments to Federal Decree-Law No. 9/2016 add new provisions in terms of ’emergency situations’ which interrupt trade or investment. The aim is to enable individuals and businesses to overcome credit challenges in times of extreme events like pandemics, natural and environmental disasters and wars.
They are also aimed at ensuring obligations are met and losses are mitigated against in cases of default without prejudice to the Law and enable creditors to secure their rights.
The new amendments also state the debtor will be exempt from starting procedures to declare bankruptcy. If the debtor files an application which would be approved by the relevant court, they may reach a settlement with creditors. They may request a grace period, or negotiate a debt settlement period of up to 12 months.
In addition, the relevant court, where a bankruptcy application is approved, will not take any proceedings involving the debtors’ funds which are needed to keep businesses running during the set period in case they default on debt because of an emergency.
Finally, the amendments offer the possibility of getting new financing in line with specific terms and conditions to secure the liquidity needed to recover businesses and enable them to survive challenges in time of emergencies.
The amendments are part of the Government’s moves to develop the legal and legislative frameworks in various sectors, particularly the economic sector.