Legislation Details
- Full Title: Cabinet Resolution Determining the Fees for Judicial Notifications Through Private Companies or Institutions
- Law Type: Cabinet Resolution
- Law Number: No. (115) of 2022
- Issued Date: 30 Dec 2022
- Effective Date: 30 Dec 2022
- Official Gazette: No. 743
- Sector: Finance and Banking
- Status: Active
- Number of Articles: 9
- Chapters/Parts: 0
- Amendments: 0
Summary
This Cabinet Resolution establishes the fees to be charged for judicial notification services provided by private companies or institutions in the UAE. The resolution aims to regulate the costs of these services and provide exemptions for certain types of cases and parties. It is relevant for businesses, legal professionals, and individuals who may require or receive judicial notifications in the UAE. (Cabinet Resolution Determining the Fees for Judicial Notifications Through Private Companies or Institutions, 2022)
What is the scope and purpose of this law?
The scope of this Cabinet Resolution is to determine the fees for judicial notification services provided by private companies or institutions in the UAE. The purpose is to regulate the costs of these services and provide exemptions for certain types of cases and parties. The resolution applies to all judicial notifications handled by private entities, as opposed to those handled directly by the courts. (Cabinet Resolution Determining the Fees for Judicial Notifications Through Private Companies or Institutions, 2022, Art. 1-2)
What are the key definitions under this law?
The Cabinet Resolution does not provide any specific definitions. It focuses on establishing the fee structure and exemptions for judicial notification services provided by private companies or institutions. (Cabinet Resolution Determining the Fees for Judicial Notifications Through Private Companies or Institutions, 2022)
What are the main obligations and requirements?
The main obligations under this Cabinet Resolution are:
- Charging Fees: Private companies or institutions providing judicial notification services must charge the fees specified in Article 1 of the resolution. (Cabinet Resolution Determining the Fees for Judicial Notifications Through Private Companies or Institutions, 2022, Art. 1)
- Exempting Certain Cases: Private companies or institutions must exempt the cases listed in Article 2 from the fees specified in Article 1. (Cabinet Resolution Determining the Fees for Judicial Notifications Through Private Companies or Institutions, 2022, Art. 2)
What licensing, registration, or approval requirements exist?
The Cabinet Resolution does not specify any licensing, registration, or approval requirements for private companies or institutions providing judicial notification services. The legislation focuses on the fee structure and exemptions, rather than the operational requirements for these service providers. (Cabinet Resolution Determining the Fees for Judicial Notifications Through Private Companies or Institutions, 2022)
What rights and protections does this law provide?
The Cabinet Resolution provides the following rights and protections:
- Fee Exemptions: The resolution exempts certain types of cases and parties from the fees for judicial notification services, such as government agencies, persons with disabilities, alimony-related cases, and labor-related claims. (Cabinet Resolution Determining the Fees for Judicial Notifications Through Private Companies or Institutions, 2022, Art. 2)
Which authorities or bodies are responsible for enforcement?
The Cabinet Resolution does not specify any particular authorities or bodies responsible for the enforcement of this legislation. The resolution was issued by the Cabinet, but it does not outline any enforcement mechanisms or oversight procedures. (Cabinet Resolution Determining the Fees for Judicial Notifications Through Private Companies or Institutions, 2022)
What are the penalties for non-compliance?
The Cabinet Resolution does not mention any penalties for non-compliance with the fee structure or exemptions. The legislation focuses on establishing the fee requirements and exemptions, without specifying any enforcement actions or sanctions. (Cabinet Resolution Determining the Fees for Judicial Notifications Through Private Companies or Institutions, 2022)
What fees, charges, or financial provisions are specified?
The Cabinet Resolution specifies the following fees for judicial notification services provided by private companies or institutions:
- In-Person Notification: 70 AED per notification (Cabinet Resolution Determining the Fees for Judicial Notifications Through Private Companies or Institutions, 2022, Art. 1(1))
- Notification by Modern Technology: 30 AED per notification (Cabinet Resolution Determining the Fees for Judicial Notifications Through Private Companies or Institutions, 2022, Art. 1(2))
What exemptions or exceptions apply?
The Cabinet Resolution provides the following exemptions from the fees specified in Article 1:
- Government Agencies and Public Benefit Institutions: Lawsuits, appeals, and requests submitted by federal and local government agencies and public benefit institutions are exempt, with the prescribed fee to be collected from the litigant if the court rules to obligate them to pay the expenses of the lawsuit. (Cabinet Resolution Determining the Fees for Judicial Notifications Through Private Companies or Institutions, 2022, Art. 2(1))
- Persons with Disabilities: Lawsuits and appeals filed by persons with disabilities are exempt. (Cabinet Resolution Determining the Fees for Judicial Notifications Through Private Companies or Institutions, 2022, Art. 2(2))
- Alimony-Related Cases: Lawsuits and appeals related to alimony issues and requests related thereto are exempt. (Cabinet Resolution Determining the Fees for Judicial Notifications Through Private Companies or Institutions, 2022, Art. 2(3))
- Labor-Related Claims: Lawsuits, appeals, and requests filed by workers, support service workers, and their beneficiaries to claim their dues arising from labor relationships are exempt, with the prescribed fee to be collected if the court orders the employer to pay the lawsuit expenses. (Cabinet Resolution Determining the Fees for Judicial Notifications Through Private Companies or Institutions, 2022, Art. 2(4))
- Judicial Delegations: Judicial notifications made through judicial delegations between the federal courts and local courts in the UAE are exempt. (Cabinet Resolution Determining the Fees for Judicial Notifications Through Private Companies or Institutions, 2022, Art. 2(5))
- Other Exemptions: Lawsuits, appeals, and requests related to other cases for which an exemption from judicial fees is issued under federal legislation are also exempt. (Cabinet Resolution Determining the Fees for Judicial Notifications Through Private Companies or Institutions, 2022, Art. 2(6))
How are disputes resolved under this law?
The Cabinet Resolution does not specify any dispute resolution mechanisms or procedures. The legislation focuses on establishing the fee structure and exemptions for judicial notification services, without addressing how any potential disputes would be handled. (Cabinet Resolution Determining the Fees for Judicial Notifications Through Private Companies or Institutions, 2022)
What are the key deadlines and time limits?
The Cabinet Resolution does not mention any specific deadlines or time limits. The legislation does not impose any requirements related to the timing of judicial notification services or the application of the specified fees. (Cabinet Resolution Determining the Fees for Judicial Notifications Through Private Companies or Institutions, 2022)
How does this law interact with other UAE legislation?
The Cabinet Resolution references the following related UAE legislation:
- Federal Law No. (1) of 1972: Concerning the Competences of Ministries and the Capacities of Ministers, and its amendments. (Cabinet Resolution Determining the Fees for Judicial Notifications Through Private Companies or Institutions, 2022)
- Federal Law No. (11) of 1992: Promulgating the Civil Procedures Code, and its amendments. (Cabinet Resolution Determining the Fees for Judicial Notifications Through Private Companies or Institutions, 2022)
- Federal Law No. (13) of 2016: Concerning Judicial Fees before Federal Courts. (Cabinet Resolution Determining the Fees for Judicial Notifications Through Private Companies or Institutions, 2022)
- Cabinet Resolution No. (57) of 2018: Concerning the Executive Regulations of Federal Law No. (11) of 1992 Promulgating the Civil Procedures Code, and its amendments. (Cabinet Resolution Determining the Fees for Judicial Notifications Through Private Companies or Institutions, 2022)
When did this law come into effect?
The Cabinet Resolution Determining the Fees for Judicial Notifications Through Private Companies or Institutions was issued on 30 December 2022 and came into effect on the same date. The resolution was published in the Official Gazette No. 743 on 16 January 2023. (Cabinet Resolution Determining the Fees for Judicial Notifications Through Private Companies or Institutions, 2022, Art. 4)
Source Documents
This article analyses Cabinet Resolution Determining the Fees for Judicial Notifications Through Private Companies or Institutions for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.