The Foreign Investment Agreement serves as the primary legal instrument for structuring and documenting foreign investments in the United Arab Emirates. This document is essential when foreign entities or individuals seek to establish or expand their business presence in the UAE, whether through direct investment, joint ventures, or other investment vehicles. It comprehensively addresses crucial aspects such as ownership structures, capital requirements, management control, and regulatory compliance, while incorporating necessary protections under UAE law. The agreement must align with recent UAE foreign investment regulations, particularly Federal Decree-Law No. 19 of 2018, which allows up to 100% foreign ownership in certain sectors. It is typically used for significant investments requiring detailed documentation of parties' rights, obligations, and regulatory commitments, while providing mechanisms for dispute resolution and exit strategies within the UAE legal framework.
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1. Parties: Identification of the foreign investor, local partner (if any), and any relevant government entities
2. Background: Context of the investment, including brief description of the project and parties' intentions
3. Definitions and Interpretation: Key terms used throughout the agreement and rules of interpretation
4. Investment Structure: Details of the investment vehicle, ownership structure, and capital contribution arrangements
5. Regulatory Compliance: Commitments regarding compliance with UAE foreign investment laws and regulations
6. Corporate Governance: Management structure, voting rights, and decision-making processes
7. Capital and Funding: Initial and future funding requirements, capital calls, and financing arrangements
8. Business Operations: Operational framework, business plan implementation, and management responsibilities
9. Representations and Warranties: Standard and specific warranties from all parties
10. Rights and Obligations: Detailed responsibilities and rights of each party
11. Transfer Restrictions: Limitations on transfer of shares/interests and required approvals
12. Term and Termination: Duration of the agreement and circumstances for termination
13. Dispute Resolution: Mechanism for resolving disputes, including jurisdiction and governing law
14. Confidentiality: Protection of confidential information and trade secrets
15. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Local Partner Obligations: Used when there is a local partner involved, detailing their specific responsibilities and contributions
2. Technology Transfer: Required when the investment involves significant technology or know-how transfer
3. Intellectual Property Rights: Necessary when the investment involves significant IP assets or development
4. Employment and Emiratisation: Include when the investment involves significant workforce requirements and local hiring obligations
5. Environmental Compliance: Required for investments in industries with environmental impact
6. Government Support: Include when specific government incentives or support are part of the investment
7. Force Majeure: Optional but recommended for long-term investments or those with significant operational aspects
8. Anti-corruption Compliance: Particularly important for investments involving government entities or regulated sectors
9. Exit Rights: Include detailed exit mechanisms for investments with planned exit strategies or IPO possibilities
1. Business Plan: Detailed business plan including financial projections and operational strategies
2. Capital Structure: Detailed breakdown of shareholding, capital contributions, and funding schedule
3. Key Performance Indicators: Specific performance metrics and targets for the investment
4. Required Licenses and Permits: List of all required regulatory approvals and their status
5. Management Structure: Detailed organizational chart and management positions
6. Property Details: Information about any real estate or physical assets involved in the investment
7. Technical Specifications: Technical details of any equipment, technology, or processes involved
8. Service Level Agreements: Operational performance standards and metrics
9. Insurance Requirements: Details of required insurance coverage
10. Form of Shareholders' Resolution: Template for key corporate approvals
11. Compliance Checklist: List of ongoing compliance requirements and responsibilities
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Technology
Healthcare
Education
Renewable Energy
Real Estate
Financial Services
Retail and Consumer Goods
Logistics and Transportation
Tourism and Hospitality
Professional Services
E-commerce
Agriculture and Food Processing
Industrial
Construction and Infrastructure
Relevant Teams
Legal
Finance
Corporate Development
Strategy
Executive Leadership
Risk and Compliance
Operations
Business Development
Investment
Mergers & Acquisitions
Corporate Secretariat
International Business
Corporate Affairs
Treasury
Regulatory Affairs
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Chief Legal Officer
General Counsel
Investment Director
Corporate Development Manager
Business Development Director
Legal Counsel
Compliance Officer
Risk Manager
Strategy Director
Managing Director
Board Member
Investment Manager
Operations Director
Company Secretary
Financial Controller
Head of Mergers & Acquisitions
Regional Director
Commercial Director
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