Abu Dhabi Official Gazette - 2018 Edition 2018

The Official Gazette 31 January 2018 - The First Edition The Official Gazette The First Edition - The Forty Sixth Year Contents Pages Laws Law No. (18) of 2017 Amending Some Provisions of Law No. (14) 5 of 2006 Concerning the Establishment and Organisation of Paris- Sorbonne University (Abu Dhabi) Law No. (1) of 2018 Concerning the Establishment of Modon 10 Properties “Public Joint Stock Company” Executive Council Resolutions Executive Council Resolution No. (18) of 2018 Concerning the 21 Reformation of the Aviation Development Committee in the Emirate of Abu Dhabi 1 Laws 3 swaL Law No. (18) of 2017 Amending Some Provisions of Law No. (14) of 2006 Concerning the Establishment and Organisation of Paris-Sorbonne University (Abu Dhabi) We, Khalifa bin Zayed Al Nahyan, Ruler of Abu Dhabi Having reviewed: • Law No. (1) of 1974 concerning the reorganisation of the Governmental body in the Emirate of Abu Dhabi and its amendments; • Law No. (2) of 1971 concerning the National Consultative Council and its amendments; • Law No. (14) of 2006 concerning the Establishment and Organisation of Paris-Sorbonne University (Abu Dhabi); • Law No. (8) of 2008 concerning the Re-organisation of Abu Dhabi Education Council; • Amiri Decree No. (13) of 2017 concerning the Reformation of the Executive Council of the Emirate of Abu Dhabi; • The agreement concluded between the Ministry of Higher Education and Scientific Research and the Paris-Sorbonne University on 19/02/2006; • The amended Agreement signed between Abu Dhabi Education Council and Paris-Sorbonne University (Paris 4) on 02/12/2016; and • Based on what was presented to and approved by the Executive Council, Issued the following Law: 5 Article (1) The following texts shall replace the texts of Articles (1), (5), (6), (7), (8), (9), (11), and (17) of the aforesaid Law No. (14) of 2006: Article (1): In the implementation of the provisions of this Law, the following words and phrases shall have the meanings corresponding thereto unless the context requires otherwise: State : The United Arab Emirates. Emirate : The Emirate of Abu Dhabi. Executive Council : The Executive Council of the Emirate. Department : The Department of Education and Knowledge that replaces Abu Dhabi Education Council wherever mentioned in aforesaid Law No. (14) of 2006. University : The Paris-Sorbonne University – Abu Dhabi. Board : The Board of Trustees of the University. Agreement : The Agreement signed between Abu Dhabi Education Council and Paris-Sorbonne University (Paris 4). Article (5): 1- The University shall have a Board of Trustees to be formed by the Chairman of the Executive Council Resolution as follows: - Chairman of the Board shall be of the UAE nationality. - Vice-Chairman of the Board shall be the President of Paris-Sorbonne University (Paris 4). - Four members to be nominated by the Department. - Four members to be nominated by Paris-Sorbonne University (Paris 4) as per its Articles of Association. 2- Resolutions of the Board shall be issued by the majority votes of the 6 present members; and in case of ties of votes, the Chairman of the Board party shall have the casting vote. Article (6): The Board shall select a rapporteur and issue the internal regulations governing the procedures of its meetings. Article (7): The Board shall be the highest Authority at the University and be responsible for the accomplishment of the objectives set out for the University. It shall assume the functions and responsibilities required for that end, including: 1- Lay down the strategic objectives of the University in coordination with the Department. 2- Approve the general policy of education at the University in concert with the strategic objectives. 3- Approve the standards of the institutional performance indicators of the University. 4- Approve the organisational structure of the University and submit it to the Executive Council for approval. 5- Issue the regulations of the University including the operational, technical, academic, administrative, and employment regulations in accordance with the applicable legislations in the Emirate. 6- Oversee the academic and administrative affairs of the University. 7- Suggest the university’s fees in coordination with the Department and escalate them to the Executive Council for approval. 8- Appoint the teaching staff members. 9- Approve the courses and their durations and mentor the curriculum development in accordance with the applicable legislations. 7 10- Form the permanent committees of the university. 11- Approve the grants of academic degrees and professional certificates in accordance with the relevant regulations. 12- Approve the draft annual budget and final accounts of the University, escalate them for approval in accordance with the applicable legislations, monitor the university’s funds and properties, and approve the annual report and audited financial statements. 13- Issue the annual academic calendar. 14- Any other competences assigned by the Executive Council or Department. Article (8): The Board shall form an Executive Committee under the chairmanship of the Vice-Chairman of the Board, and it shall assume the following duties: 1- Propose the curriculums and escalate their recommendations to the Board. 2- Present nominations for the teaching staff positions and escalate their recommendations to the Board. 3- Prepare the regulations for the University including the operational, technical, academic, administrative, and employment regulations and escalate them to the board for approval. 4- Propose the policy for the development of scientific activity and escalate it to the Board for approval. 5- Appoint the non-teaching staff members on administrative positions in accordance with the regulations applicable at the University. 6- Any other duties assigned by the Board. 8 Article (9): The University shall have a Director who shall be appointed by a Chairman of the Executive Council Resolution upon the Board’s proposal and shall be responsible for all academic and administrative affairs of the University, including the obtainment of accreditation from the competent entities on the academic programs and certificates provided by the University. He shall also be in charge of all tasks assigned to him by the Board. Article (11): The teaching staff may be selected from non-teaching staff members at the Paris-Sorbonne University (Paris 4) upon a nomination made by the Executive Committee and the Board’s approval. Article (17): Provisions of the agreement shall be valid in a manner not interfering with the provisions of this Law and applicable legislations. Article (2) This Law shall be effective from the date of its issuance and shall be published in the Official Gazette. Khalifa bin Zayed Al Nahyan Ruler of Abu Dhabi Issued by us in Abu Dhabi On: 28 December 2017 Corresponding to: 9 Rabi Al Akhar 1439 Hijri 9 Law No. (1) of 2018 Concerning the Establishment of Modon Properties “Public Joint Stock Company” We, Khalifa bin Zayed Al Nahyan, Ruler of Abu Dhabi Having reviewed: • Law No. (1) of 1974 concerning the reorganisation of the Governmental body in the Emirate of Abu Dhabi and its amendments; • Law No. (2) of 1971 concerning the National Consultative Council and its amendments; • Law No. (4) of 1983 concerning the Regulation of Construction Works and its amendments; • Law No. (3) of 2005 concerning the Regulation of Real Estate Registration in the Emirate of Abu Dhabi; • Law No. (19) of 2005 concerning the Real Estate Ownership and its amendments; • Law No. (3) of 2015 concerning the Regulation of the Real Estate sector in the Emirate of Abu Dhabi; • Law No. (1) of 2017 concerning the Financial System of the Government of Abu Dhabi; • Federal Law No. (2) of 2015 concerning Commercial Companies and its amendments; and • Based on what was presented to and approved by the Executive Council, Issued the following Law: 10 Article (1) In the implementation of the provisions of this Law, the following words and phrases shall have the meanings corresponding thereto unless the context requires otherwise: State : The United Arab Emirates. Emirate : The Emirate of Abu Dhabi. Government : The Government of Abu Dhabi. Executive Council : The Executive Council of the Emirate. Company : Modon Properties (Public Joint Stock Company). Board of Directors : The Company’s Board of Directors. Subsidiary : Any company of which majority shares or stocks are directly or indirectly owned by the Company. Article (2) Pursuant to the provisions of this Law, a company shall be established under the name of “Modon Properties”, a Public Joint Stock Company, having an independent legal personality, and enjoying financial and administrative independence as well as full legal capacity to exercise its activity and achieve its objectives. The Company may use, by a decision of its Board of Directors, an acronym or short name thereof. The name of the Company may be changed in accordance with the procedures specified by its Articles of Association. Article (3) The main office of the Company shall be located in the city of Abu Dhabi and the Board of Directors may establish offices, branches or agencies thereof inside or outside the State. 11 Article (4) The authorised capital of the Company was set at AED One Hundred Million (100,000,000) with a par value of one AED for one share. The issued capital was set at AED Fifty Million (50,000,000) with the par value of one AED for one share. All the shares are nominal, fully paid and owned by the government. The Board of Directors may increase the authorised and issued capitals by offering cash or in-kind contributions and converting any of the government’s contributions in any Subsidiaries to shares in the Company, and may decrease or restructure the Company’s capital following the approval of the Executive Council. No transfer, sale, conversion, mortgage or assignment of any of the Company’s shares may be conducted unless after obtaining the approval of the Executive Council. Article (5) The main objective of the Company is the development of integrated urban and commercial projects of a developmental and social nature in accordance with the building priorities of the Emirate, the provision of multiple options of residential complexes and housing designs, and the management and follow- up of housing construction projects. For this purpose it assumes the following: 1. Own, manage, develop and invest in real estates, buildings and residential complexes inside the Emirate, including all the relevant activities. 2. Prepare and provide various and innovative designs for residential complexes and private housing in the Emirate. 3. Build, manage, develop, operate, market, sell, rent and lease lands, 12 real estates, and integrated residential complexes including the utilities and relevant infrastructure. 4. Grant any privileges, investments or any other rights related to the development or investment in any real estates and buildings owned, managed or invested by the Company, or which are allocated or entrusted thereto by the government. 5. Develop, own, register and license the rights related to Intellectual Property, trademarks, trade names and patents as well as all the rights and designs related to the Company’s business. 6. Establish all types of companies, independently or jointly with others and give them the power and authority which the Company deems appropriate or necessary for any purposes related to the Company’s objectives, its expansion or its business. 7. Conclude any contracts and agreements toward the implementation of the Company’s objectives, including the contracts of construction, operation, management, maintenance, purchase and sale, or the agreements related to the management of companies engaged in the construction, development, operation or maintenance of any of the Company’s works, activities or facilities or in the field of any relevant affiliated services, or the agreements related to the establishment, development, operation and maintenance of the activities, works or facilities owned by such companies. 8. Provide financing solutions and channels to buy houses and real estates in cooperation with the concerned government entities and the private sector. 9. Carry out all banking and financial transactions related to the business of the Company or any of its Subsidiaries; open, manage and close bank 13 accounts; withdraw, accept and negotiate on negotiable promissory notes; issue financial guarantees to the Subsidiaries, conclude borrowing and lending agreements, financial and credit facilities; and carry out the treasury operations for the funds of the Company and its Subsidiaries in accordance with the applicable legislations. 10. Assume all other tasks related to or associated with the Company’s objectives and activities and carry out all operations and actions required for the well-functioning of its work and increasing its revenues. • The Company may assume all the above competences, by itself or through any of the companies which are wholly or partially owned thereby or via brokers or agents appointed by the same. Article (6) The term of the Company shall be (99) Gregorian years, starting as of the date of its registration in the Commercial Register, renewable for similar periods unless the General Assembly issues a resolution to dissolve the Company. Article (7) • The Company shall be managed by a board of directors consisting of minimum 5 members including the Chairman. The members are appointed by the Chairman of the Executive Council Resolution. • The term of the board of directors shall be 3 years automatically renewable for similar periods unless the Chairman of the Executive Council issues a resolution to reform it. • The Company’s articles of association shall state the procedures of holding the meetings of the board of directors as well as the method of voting on its resolutions. 14 • The board of directors may form a committee or more from among its members or others and determine the powers of these committees and their competences. Article (8) • The board of directors is the competent authority to lay down the general policy of the Company and Subsidiaries and follow up its implementation to achieve its objectives. The board of directors shall solely assume the following competences: 1. Lay down and issue the articles of association of the Company not incontracy with the provisions of this Law. 2. Approve the Company’s action and strategic plans, supervise the same and follow up their implementation. 3. Issue the financial, administrative and operating regulations of the Company, including the Company’s tenders, bids, contracts and procurement procedures regulation. 4. Lay down the organisational structure of the Company and its Subsidiaries and issue the internal rules and regulations for the personnel of the Company and its Subsidiaries. 5. Approve the budget and final accounts of the Company and its Subsidiaries for each fiscal year. 6. Appoint and discharge, where necessary, the higher management of the Company and its Subsidiaries. 7. Form the Boards of directors of the Subsidiaries. 8. Sell or mortgage any of the Company’s assets after obtaining the approval of the Executive Council. 15 9. Allow the Company and its Subsidiaries to carry out any investment, borrowing, lending or issuance of securities, guarantees, bonds, Sukuk or any other debt instruments in accordance with the applicable legislations in the Emirate. • The board of directors shall form the general assembly of the Company and its Subsidiaries, and shall represent the Government in all matters related to the latter’s contribution in the Company. • The Board of directors shall have the competence to implement any of the company’s objectives or assume any of its competences determined in Article (5) of this Law. The Board may also delegate any competences assigned thereto in this Law or the Company’s Articles of Association to any of its committees and any person it deems appropriate from the Company’s employees or its Subsidiaries or agents or brokers appointed by the Board, and may determine the principles and regulations for exercising such competences. Article (9) The Company shall appoint one or more accredited auditors to audit the accounts and financial statements of the Company by virtue of a resolution issued by the Board which shall also determine their remunerations. Article (10) The Company’s fiscal year shall start as of the 1st of January and end on December 31st of each year, except for the first fiscal year which shall start as of the date of registration of the Company in the Commercial Register and ends on December 31st of the same year. 16 Article (11) The Company shall not be subject to any laws or regulations or instructions applicable in the Emirate concerning procurement, tenders, bids or contracts to any governmental entities. Article (12) Any provision contrary to the provisions of this Law shall be repealed. Article (13) This Law shall be effective from the date of its issuance and shall be published in the Official Gazette. Khalifa bin Zayed Al Nahyan Ruler of Abu Dhabi Issued by us in Abu Dhabi On: 28 January 2018 Corresponding to: 11 Jumada Al Awwal 1439 Hijri 17 Executive Council Resolutions 19 snoituloseR licnuoC evitucexE Executive Council Resolution No. (18) of 2018 Concerning the Reformation of the Aviation Development Committee in the Emirate of Abu Dhabi The Executive Council has decided the following: The approval of the reformation of the Aviation Development Committee in the Emirate of Abu Dhabi under the chairmanship of H.H Sheikh Thiab bin Mohamed bin Zayed Al Nahyan and the membership of: 1. Sheikh Mohammed Bin Hamad Bin Tahnoon Al Nahyan. 2. H.E Mohammed Khalifa Al Mubarak. 3. Maj. Gen. Staff Pilot Ibrahim Nasser Mohammed Al Alawi. 4. H.E Mohammed Mubarak bin Fadel Al Mazrouei. 5. H.E Khalifa Mohammed Al Mazrouei. 6. H.E Eng. Nader Ahmed Ibrahim Al Hammadi. 7. H.E Abu Bakr Siddik Al Khouri. 8. H.E Humaid Abdullah Al Shammari. 9. Mr. Anthony John Douglas. Dr. Ahmed Mubarak Al Mazrouei Secretary-General Issuance Date: 24 January 2018 Corresponding to: 7 Jumada Al Awwal 1439 Hijri 21 United Arab Emirates The Emirate Of Abu Dhabi Issued By The Gereral Secretariat of The Executive Council of The Emirate Of Abu Dhabi Office of Legal Affairs Abu Dhabi - P.O. Box: 19 Tel: +971 26688446 Fax: +971 26669981