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Use of nominees in business in Dubai, UAE

Use of nominees in business in Dubai, UAE

Registering a business in the United Arab Emirates is an attractive prospect for many entrepreneurs, but it is important to bear in mind the potential risks of establishing a company through the formal appointment of a nominee.

The use of nominee directors and shareholders in the UAE has been driven by a number of factors:

Local company formation. Strict local shareholding requirements used to be often circumvented by nominee partners providing formal ownership.
Confirmation of economic presence. A nominee could help a company demonstrate a presence in the UAE by satisfying business localization requirements.
Simplifying document flow. In some cases, a nominee may have simplified the bureaucracy involved in registering and operating a business.
Enhancing the reputation of the company. In some cases, having the name of a respected (nominee) in a prominent place could increase the credibility of the company.

Restrictions on opening a business for certain activities requiring the presence of a local resident. At the moment, such have been abolished as of 2019.

Emirates law has changed in recent years, significantly relaxing restrictions on foreign ownership and introducing transparency mechanisms. Disclosure of beneficial owners has now become mandatory for many types of companies. This makes the use of nominees much less attractive and much more risky.

Cases of abuse by nominees who are not involved in the actual management of the company are becoming increasingly common. This may be illegal withdrawal of funds from the company’s bank account or changes to the company’s constituent documents.

Among other things, the following risks can be highlighted:

Banks in the UAE, especially international banks, require full information about the beneficiaries. Using a nominee will significantly complicate the opening and maintenance of a bank account. The same situation applies when opening accounts with foreign banks.
The use of nominees can create an impression of opacity and low reputation of the business, discouraging potential partners and investors.

When it is necessary to work with a nominee, several basic recommendations can be used.

1. Conclusion of an agreement between the actual beneficial owner and the nominee founder. The document may reflect the rights and obligations of the parties, including the nominee’s waiver of the right to participate in the distribution of the company’s profits, bankruptcy or liquidation procedures.

2 The use of pledge as a tool to protect the rights of the owner. However, it is worth remembering that in some FEZs only institutions licensed by the UAE Central Bank can be pledgees. Among other things, there may be problems with notarization of the pledge agreement.

3. Conclusion of option agreements. It is known that general norms and principles of civil law regulation of transactions apply to them. The agreement itself is not notarized, but preventing possible disputes, it is possible to certify the signatures of the parties. For credibility, it is recommended to invite witnesses to the signing. These can be capable Muslims from 21 years of age.

Remember that the nominee can challenge the agreements, so it is extremely important to clearly state the grounds for the buyer’s right to redeem shares.

4. Drawing up a will by the nominee owner, where the shares of the company in favor of the beneficiary will be spelled out. The advantage of the UAE is that both residents and non-residents can make a will here.

In the modern conditions of the UAE, the use of nominees in business is becoming more and more risky and less expedient. The process of registering and doing business in the Emirates requires a thorough approach. The greatest role can be played by legal savvy and awareness of local legislation. Cooperation with specialists in this field will help to avoid risks and choose flexible solutions to safeguard assets.

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Personal Data Processing Policy.

1. General provisions This personal data processing policy is compiled in accordance with the requirements of Federal Law No. 152-FZ of 27.07.2006 "On Personal Data" (hereinafter referred to as the Personal Data Law) and defines the procedure for processing personal data and measures to ensure the security of personal data taken by Mikhailov Ivan Sergeevich (hereinafter referred to as the Operator).

1.1. The Operator sets as its most important goal and condition for the implementation of its activities the observance of the rights and freedoms of man and citizen in the processing of his personal data, including the protection of the rights to privacy, personal and family secrets.

1.2. This Operators policy regarding the processing of personal data (hereinafter referred to as the Policy) applies to all information that the Operator can receive about website visitors https://make-biz.com /.

2. Basic concepts used in Politics

2.1. Automated processing of personal data — processing of personal data using computer technology.

2.2. Blocking of personal data — temporary termination of the processing of personal data (except in cases where processing is necessary to clarify personal data).

2.3. Website - a set of graphic and informational materials, as well as computer programs and databases that ensure their availability on the Internet at a network address https://make-biz.com /.

2.4. Personal data information system — a set of personal data contained in databases and information technologies and technical means that ensure their processing.

2.5. Depersonalization of personal data — actions as a result of which it is impossible to determine, without the use of additional information, the ownership of personal data to a specific User or other subject of personal data.

2.6. Processing of personal data — any action (operation) or a set of actions (operations) performed with or without the use of automation tools with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data.

2.7. Operator — a state body, municipal body, legal entity or individual, independently or jointly with other persons organizing and/or processing personal data, as well as determining the purposes of processing personal data, the composition of personal data to be processed, actions (operations) performed with personal data.

2.8. Personal data — any information related directly or indirectly to a specific or identifiable User of the Website https://make-biz.com /.

2.9. Personal data authorized by the subject of personal data for distribution — personal data to which an unlimited number of persons have access by the subject of personal data by giving consent to the processing of personal data authorized by the subject of personal data for distribution in accordance with the procedure provided for by the Law on Personal Data (hereinafter — personal data authorized for distribution).

2.10. User — any visitor to the website https://make-biz.com /.

2.11. Provision of personal data — actions aimed at disclosure of personal data to a certain person or a certain circle of persons.

2.12. Dissemination of personal data — any actions aimed at disclosure of personal data to an indefinite circle of persons (transfer of personal data) or familiarization with personal data of an unlimited circle of persons, including the publication of personal data in the media, placement in information and telecommunications networks or providing access to personal data to anyor in another way.

2.13. Cross—border transfer of personal data is the transfer of personal data to the territory of a foreign state to the authority of a foreign state, a foreign individual or a foreign legal entity.

2.14. Destruction of personal data — any actions as a result of which personal data is permanently destroyed with the impossibility of further restoration of the content of personal data in the personal data information system and/or the material carriers of personal data are destroyed.

3. Basic rights and obligations of the Operator

3.1. The Operator has the right to: — receive reliable information and/or documents containing personal data from the personal data subject; — in case the personal data subject withdraws consent to the processing of personal data, as well as sending a request to terminate the processing of personal data, the Operator has the right to continue processing personal data without consent the subject of personal data in the presence of the grounds specified in the Law on Personal Data; — independently determine the composition and list of measures necessary and sufficient to ensure the fulfillment of obligations provided for by the Law on Personal Data and regulatory legal acts adopted in accordance with it, unless otherwise provided by the Law on Personal Data or other federal laws.

3.2. The operator is obliged to: — provide the subject of personal data at his request with information concerning the processing of his personal data; — organize the processing of personal data in accordance with the procedure established by the current legislation of the Russian Federation; — respond to requests and requests of personal data subjects and their legal representatives in accordance with the requirements of the Law on Personal Data; — report to the authorized body the body for the protection of the rights of personal data subjects at the request of this body, the necessary information within 10 days from the date of receipt of such a request; — to publish or otherwise provide unrestricted access to this Policy regarding the processing of personal data; — to take legal, organizational and technical measures to protect personal data from unauthorized or accidental access to them, destruction, modification, blocking, copying, provision, dissemination of personal data, as well as from other illegal actions in relation to personal data data; — stop the transfer (distribution, provision, access) of personal data, stop processing and destroy personal data in the manner and cases provided for by the Law on Personal Data; — perform other duties provided for by the Law on Personal Data.

4. Basic rights and obligations of personal data subjects

4.1. Personal data subjects have the right to: — receive information concerning the processing of their personal data, except in cases provided for by federal laws. The information is provided to the personal data subject by the Operator in an accessible form, and it should not contain personal data related to other personal data subjects, except in cases where there are legitimate grounds for disclosure of such personal data. The list of information and the procedure for obtaining it is established by the Law on Personal Data; — to require the operator to clarify his personal data, block or destroy them if the personal data is incomplete, outdated, inaccurate, illegally obtained or not necessary for the stated purpose of processing, as well as to take measures provided by law to protect their rights; — to put forward the condition of prior consent when processing personal data in order to promote in the market of goods, works and services; — to withdraw consent to the processing of personal data, as well as to send a request to terminate the processing of personal data; — to appeal to the authorized body for the protection of the rights of personal data subjects or in court against illegal actions or inaction of the Operator during the processing of his personal data; — to exercise other rights provided for by the legislation of the Russian Federation.

4.2. The subjects of personal data are obliged to: — provide the Operator with reliable data about themselves; — inform the Operator about the clarification (updating, modification) of their personal data.

4.3. Persons who have provided the Operator with false information about themselves or information about another personal data subject without the latters consent are liable in accordance with the legislation of the Russian Federation.

5. Principles of personal data processing

5.1. The processing of personal data is carried out on a legal and fair basis.

5.2. The processing of personal data is limited to the achievement of specific, predetermined and legitimate goals. Processing of personal data incompatible with the purposes of personal data collection is not allowed.

5.3. It is not allowed to combine databases containing personal data, the processing of which is carried out for purposes incompatible with each other.

5.4. Only personal data that meet the purposes of their processing are subject to processing.

5.5. The content and volume of the processed personal data correspond to the stated purposes of processing. Redundancy of the processed personal data in relation to the stated purposes of their processing is not allowed.

5.6. When processing personal data, the accuracy of personal data, their sufficiency, and, if necessary, relevance to the purposes of personal data processing is ensured. The Operator takes the necessary measures and/or ensures that they are taken to delete or clarify incomplete or inaccurate data.