صورية عقد الشركة في ضوء أحكام القانون و القضاء الإماراتي

Abstract EN

The commercial companies law in the UAE has encouraged the national contribution in the field of commercial companies by requiring that any company established in the State shall have one or more UAE partners holding at least 51% of the share capital of the company.However, it has become common practice recently to include the name of the citizen in the contract of the company as a partner by 51%, although he has never paid it for his share in the capital in order to circumvent the provisions of the Companies Law especially those relating to the national contribution in the capital.

In such a case, the citizen is usually paid periodically, and provided with so-called "counter-paper”, which is a non-documented private agreement stating that the said citizen is not a partner in the company and is not responsible for its obligations, and that he is only a license sponsor who receives a lump sum for his services and his sponsorship for the company.The question arises here is how the UAE judiciary shall deal with this situation and protect the rights of third parties who transact with the company believing in the validity of its documented contract and the integrity of the data contained therein.

Therefore, this study aims to answer this question and examine the main challenges that may appear in the practical application of the law in order to identify the areas of weakness and strength in this regard.

Furthermore, this study determines what the law ought to be in order to effectively ensure the truthfulness, accuracy, and completeness of information included in the company contract.