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  • Section Two: Licensing of Financial Institutions

    • Article (67): Application for Licensing

      1) Any Person may, in accordance with the 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 the addition of one or more Licensed Financial Activities to an already issued license.

      2) The Board of Directors shall issue rules, regulations and standards, and determine conditions for granting license to carry on Licensed Financial Activities, including the following:

      1. a. Fit and proper criteria.
      2. b. Resources required for carrying on the activity.
      3. c. Control and monitoring systems.

      3) The Board of Directors may add any requirements or conditions to be fulfilled by the applicant for license, at its own discretion and as it deems appropriate for safeguarding public interest.

    • Article (68): Compliance with Scope of the License

      1) A licensed financial institution must carry on its business within the scope of the license granted to it.

      2) No Person may represent that it is a Licensed Financial Institution, if such is not the case.

    • Article (69): 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 lapse of this period without decision on the application shall be considered a rejection thereof.

      2) The Central Bank may require the applicant to fulfill licensing requirements and conditions within such period as specified by the Central Bank.

      3) The Central bank may reject an application for a license, or an application to add any financial activity based on the capacity of the financial sector in the State and the needs of the local market. Such decision issued in this regard shall be final and not subject to appeal before the Grievances and Appeals Committee.

      4) The applicant shall be notified, officially, of the reasoned rejection decision within a period not exceeding twenty (20) working days from date of its issue.

       

      This article has been amended by Decretal Federal Law No. (23) of 2022. You are viewing the latest version. To view the previous version, click the version box below.
      Version 1(effective from 31/10/2018 to 02/01/2023)

       

      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 lapse of this period without decision on the application shall be considered an implicit rejection thereof.

      2) The Board of Directors may reject an application for a license, or an application to add any financial activity based on the capacity of the financial sector in the State and the needs of the local market.

      3) The Board of Directors may, before issuing the rejection decision, request the applicant to fulfill licensing requirements and conditions within such period as specified by the Board of Directors.

      4) The applicant shall be notified, officially, of the reasoned rejection decision within a period not exceeding twenty (20) working days from date of its issue. Such notice shall include the following:

      • a. Content of the rejection decision.
      • b. Reasons for rejection.
      • c. A statement advising the applicant of his right to submit a grievance against the rejection decision, by applying to the Grievances & Appeals Committee, in accordance with the provisions of this decretal law.

       

    • Article (70): Imposing Conditions and Restrictions on a License

      1) The Board of Directors may impose conditions or restrictions, or otherwise change or cancel conditions or restrictions imposed on a license for carrying on Licensed Financial Activities.

      2) The Board of Directors may, before issuing the decision mentioned in item (1) of this article, request the concerned financial institution to provide its opinion on the reasons for the decision, within such period as specified.

      3) The licensed financial institution shall be notified, officially, of the reasoned decision within a period not exceeding twenty (20) working days from date of its issue. The notice shall include the following:

      1. a. Content of the decision.
      2. b. Reasons for the decision.
      3. c. Effective date of the decision.
      4. d. A statement advising the licensed financial institution of its right to submit a grievance against the decision, by applying to the Grievances and Appeals Committee, in accordance with the provisions of this Decretal Law.
    • Article (71): Suspension, Withdrawal, or Revocation of License

      1) The Board of Directors may suspend, withdraw, or revoke a license issued to a Licensed Financial Institution, in the following cases:

      1. a. If the Licensed Financial Institution ceased to meet, or breached one or more of the conditions or restrictions imposed on the license.
      2. b. If the Licensed Financial Institution breached any of the State’s established laws and regulations, or the regulations, rules, standards, instructions, and guidelines issued by the Central Bank.
      3. c. If the Licensed Financial Institution failed to take any measures or actions determined or prescribed by the Central Bank.
      4. d. If the Licensed Financial Institution ceased to carry on one or more of the Licensed Financial Activities, for a period exceeding one year.
      5. e. If the business or operations were ceased for a period exceeding one year.
      6. f. If the Central Bank considered, at its own discretion, that the full or partial withdrawal, revocation, or suspension of the license, was necessary for achieving its objectives and discharging its functions.
      7. g. If the concerned Licensed Financial Institution submitted an application for full or partial suspension or revocation of the license.
      8. h. If the Licensed Financial Institution’s liquidity or solvency was at risk.
      9. i. If the capital of the Licensed Financial Institution fell below the minimum required in accordance with the provisions of this Decretal Law, or the regulations, rules, or standards issued by the Central Bank.
      10. j. If the Licensed Financial Institution merged with another financial institution.
      11. k. If the Licensed Financial Institution was declared bankrupt.
      12. l. If the Licensed Financial Institution’s officers, employees, or representatives refused to cooperate with Central Bank officers, representatives, or examiners or abstained from providing required information, statements, documents, or records.
      13. m. If the license of a foreign Licensed Financial Institution was revoked, or if it was put under liquidation at its domicile, or if the businesses of its branch, companies or Representative Offices in the State were wound down.

      2) The Licensed Financial Institution shall be notified, officially, of the reasoned withdrawal, cancellation or suspension decision within a period not exceeding twenty (20) working days from date of its issue. The notice shall include the following:

      1. a. Content of the decision.
      2. b. Reasons for the decision.
      3. c. Effective date of the decision.
      4. d. A statement advising the Licensed Financial Institution of its right to submit a grievance against the decision, by applying to the Grievances and Appeals Committee, in accordance with the provisions of this Decretal Law.

      3) The decision issued by the Central Bank shall, following decision on the grievance or appeal, if presented to the Grievances and Appeals Committee, or expiry of the period specified in item (2) of this article, be published in two local newspapers, one in Arabic and another in English, and on the Central Bank’s official website. Such decision may also be announced by any other means if necessary.

    • Article (72): Use of Term “Bank” or “Masraf”

      1) Entities other than Banks licensed in accordance with the provisions of this decretal law may not use, in their business addresses or advertisements, the expressions “Bank”, “Masraf” or any other expression derived therefrom or similar thereto, in any language, and in any way which may mislead the public as to the nature of their business.

      2) The following entities shall be not be subject to the provisions of item (1) of this article:

      1. a. Monetary authorities and Central Banks.
      2. b. Any federation or association established for protection of Banks’ interests.
      3. c. Any other institution exempted by the Board of Director.
    • Article (73): Entry to the Register

      1) An electronic register named “Register of Licensed Financial Institutions” shall be created in the Central Bank, to which names of Licensed Financial Institutions and all their data and any amendments thereto, shall be entered. A decision setting the rules and conditions for entry to such register shall be issued by the Board of Directors. Decision to license such institutions and any amendments thereto, shall be published in the Official Gazette. This register shall be published on the Central Bank’s official website.

      2) A Licensed Financial Institution may not commence any Licensed Financial Activity except after its name was entered to the register.

      3) Proceeds of licensing and entry to the register fees shall be deposited in a special account with the Central Bank. A decision shall be issued by the Board of Directors organizing operation of the account, and setting rules for withdrawing funds from it.

    • Article (74): Legal Form

      1) Banks shall take the form of public joint- stock companies, with incorporating law or decree so permits. Branches of foreign banks operating in the State, and specialized banks with low risks that are determined according to the conditions and rules set by the Board of Directors shall be exempt from this requirement.

      2) Other Financial Institutions may take the form of joint- stock companies or limited liability companies, in accordance with the rules and conditions issued by the Board of Directors.

      3) Exchange Houses and monetary intermediaries may be a sole proprietorship, or take any other legal form in accordance with the rules and conditions issued by the Board of Directors.

       

      This article has been amended by Decretal Federal Law No. (25) of 2020. You are viewing the latest version. To view the previous version, click the version box below.
      Version 1(effective from 31/10/2018 to 02/01/2021)

       

      1) Banks shall take the form of public joint- stock companies, with incorporating law or decree so permits. Branches of foreign banks operating in the State shall be exempt from this requirement.

      2) Other Financial Institutions may take the form of joint- stock companies or limited liability companies, in accordance with the rules and conditions issued by the Board of Directors.

      3) Exchange Houses and monetary intermediaries may be a sole proprietorship, or take any other legal form in accordance with the rules and conditions issued by the Board of Directors

       

    • Article (75): 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 its risk-based requirements, and the necessary actions to be taken in case of capital shortfall, in addition to the measures taken by the Central Bank in this regard.

    • Article (76): 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 ownership of shares of Banks incorporated in the State and shareholdings contribution in their capital, and in all cases the national shareholding must not be less than sixty percent (60%).

      2) The Board of Directors may determine the conditions, controls for percentage of ownership of shares and shareholdings contribution in the capital of Other Financial Institutions incorporated in the State by nationals and foreigners.

    • Article (77): Amendment of the Memorandum and Articles of Association

      1) Licensed Financial Institutions shall request the Central Bank’s approval for amendments they wish to introduce to their memorandum or articles of association. Such amendments shall only take effect after they were entered into the register.

      2) The Central Bank shall decide on the application. Should the Central Bank decided to reject the application to enter the amendment, the matter shall be submitted to the Board of Directors whose decision in that respect shall be final.