Although the officially registered MOA regulates a commercial stake, there are many additional benefits of a shareholder pact. Shareholder agreements detail the structure of business development in Dubai and give partners flexibility and privacy in documenting their agreements. It is worth mentioning the practice of the Dubai Court of Cassation with regard to the recognition of the agreement. The Court recognizes the ancillary agreement and annuls the MOA, particularly if these ancillary agreements have been recorded in writing. The Court of Cassation relied heavily on Article 10 of the former Commercial Companies Act (Law 8 for 1984) to refuse any attempt to prove anything contrary to what is found in the MOA, unless it is done in writing. Under UAE law, the statutes (MEMORANDUM of Association, MOA) of a business structure in Dubai must be registered and certified notarized. Shareholder agreements are extremely common in the United Arab Emirates, in part because of a long-standing requirement under the United Arab Emirates Commercial Corporations Act (Federal Act 8 of 1984, now known as the Companies Act), which stipulates that any limited company (LLC) created in the United Arab Emirates must have one or more national shareholders with a minimum stake of 51%. Where possible, LLC`s participation agreements (not “ancillary agreements”) should also be written and notarized so that they can be implemented in the United Arab Emirates in the event of disputes between different stakeholders in the context of a business constitution. In accordance with the UAE Code of Commerce, a foreign investor must have a national partner of the United Arab Emirates to create a limited liability company in the United Arab Emirates. In addition, the condition of a simple limited partnership agreement means that the UAE national must hold at least 51% of the company`s capital. Although there are no restrictions on a branch and representative offices, the commitment to the commercial activity of these companies is limited. A letter or ancillary agreement is an agreement that is not part of the primary contract or agreement, but is an agreement ancillary to the primary contract. An ancillary agreement is used by the parties to confirm additional details that were not known at the time of the primary contract.
An ancillary agreement is primarily used to enter the Uae, which is the applicability of an “incidental agreement” to a limited liability company (LLC) agreement that states that the LLC is wholly owned by the expatriate investor and that the local sponsor is a candidate for economic property? A legal debate is under way on the validity and applicability of these rules.