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Cabinet Resolution Concerning the Administrative Penalties Imposed on Violators of the Provisions of Cabinet Resolution Concerning the Regulation of Real Beneficiary Procedures

The last update on this law was listed on 15 Dec 2023

Issued Date

15 Dec 2023

Effective Date

30 Dec 2023

Official Gazette Date

29 Dec 2023

Official Gazette No

766

Legislation State

Active

Disclaimer: Every effort has been made to produce an accurate and complete English version of this website/ legislation. However, for the purpose of their interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text will prevail

Article (1) Definitions

In application of the provisions of this Resolution, the words and expressions set forth herein shall bear the meanings ascribed to them, unless the context otherwise requires:
State: United Arab Emirates.
Ministry: Ministry of Economy.
Minister: Minister of Economy.
Decree-Law: Federal Decree-Law No. (20) of 2018 Concerning Combating Money Laundering and the Financing of Terrorism and Illegal Organisations, as amended.
Executive Regulations: Cabinet Resolution No. (10) of 2019 concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 Concerning Combating Money Laundering and the Financing of Terrorism and Illegal Organisations, as amended.
Registrar: The Competent Authority supervising the Register of commercial names of different establishments Registered in the State.
Concerned Authorities: Competent Government Authorities implementing any of the provisions of the Law by Decree and the Executive Regulations.
Real Beneficiary: The Natural person to whom ultimate ownership is transferred or who exercises ultimate control over the Legal Person directly or through a chain of ownership or control, or other indirect means. It also means the natural person on whose behalf transactions are conducted or who exercises ultimate effective control over a Legal Person, as specified in accordance with the text of Article (5) Cabinet Resolution No. (109) of 2023 referred to.
Board Nominee Member: Any Natural Person acts pursuant to the directions, instructions, or will of another person, who shall be officially appointed or holds a position in Legal Person and is usually a representative of Shareholders, members, or any other interested party.
Senior Management: Power of Legal Person in Decision-Making.
Beneficiary Register: Private Real Beneficiary Register of Legal Person that includes all their real data.
Partners or Shareholders: Private Partners or Shareholders Register of Legal Person that includes all their information.
Written Notice: Official Notice sent to the Legal Person or their representative by legally available means.

Article (2) Scope of Application

The provisions of this resolution shall apply to Legal Persons licensed or Registered in the State, including non-financial free zones, that Violate the provisions of Cabinet Resolution No. (109) of 2023 referred to.

Article (3) Administrative Penalties

1. Without prejudice to any penalty or procedure stipulated by the Law by Decree and other relevant legislation, the Registrar has the right to impose Administrative Penalties resulting from Violators of the provisions of Cabinet Resolution No. (109) of 2023 referred to, and in accordance with the Violations and penalties mentioned in the table attached to this resolution. 
2. In addition to the penalty of the fine imposed on Violations committed for the third time mentioned in the table attached to this decision, the Registrar has the right to suspend the commercial licence and close the commercial store of the Violating Legal Person, provided that this suspension is removed after he pays the Violation fine and corrects it by fulfilling the necessary requirements regarding the Violation.
 

Article (4) Fines Amendment

The Cabinet has the power to make any amendments to the fees mentioned herein, whether by addition, deletion or amendment.

Article (5) Shares of the Federal Government and the Governments of the Emirates from the Proceeds of Revenues from Administrative Penalties

The Cabinet shall issue a decision determining the proportions of sharing the proceeds of Administrative Penalties in this resolution between the Federal Government and the Governments of the Emirates based on the proposal of the Minister of Finance in coordination with the Minister and the Registrar. 

Article (6) Final Provisions

1. Fines stipulated in this Resolution shall be collected through the methods decided by the Ministry of Finance.
2. For fulfilling the Administrative Penalties specified in accordance with this Resolution, part of the day is considered a full day, and part of the month is considered a full month.
 

Article (7) Executive Resolutions

The Minister, in coordination with the Registrar, shall issue the Resolutions necessary to apply the provisions of this Resolution.

Article (8) Repeals

The Cabinet Resolution No. (53) of 2021 concerning Administrative Penalties imposed on Violators of the provisions of Cabinet Resolution No. (58) of 2020 concerning Regulating Real Beneficiary procedures, shall be repealed. Any provision that Violates or conflicts with the provisions of this resolution shall also be repealed.

Article (9) Publication and Entry into Force

This Resolution shall be published in the Official Gazette and shall enter into force as of the day following its publication date. 

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