At Bremer, we specialize in International Business Law and focus on advising clients on their business activities in various parts of the world, including the United Arab Emirates (UAE).
Your international business activities and investments must be based on solid legal advice, regardless of location. At Bremer, we specialize in International Business Law and focus on advising clients on their business activities in various parts of the world, including the United Arab Emirates (UAE).
We work with a diverse legal team that understands the unique needs of a modern business environment. Your business can rely on our team for legal advice and guidance. If you have identified a business opportunity in the United Arab Emirates, we can help you navigate the legal uncertainties of starting a business.
Our legal team will help you stay competitive in the UAE market. Whether you're starting a new company, planning to buy or sell a business, or negotiating with investors, we have vast experience in cross-border corporate and commercial transactions to serve our clients looking to invest in the following industries in the UAE market:
Construction and Infrastructure
The construction industry is one of the fastest-growing sectors in the UAE region. From major infrastructure projects to mass transit systems, energy facilities, and modern office buildings, our dedicated legal team can offer sector-specific advice to help you break into the UAE market.
We regularly assist clients with legal uncertainties that might arise during the engineering, design, construction program, and design process. With years of experience, our team has become well-versed in contractual relations between parties on all levels of infrastructure projects.
The technology industry is highly competitive not only in the UAE but worldwide. To succeed in this area, you need to partner with a law firm that offers tech-specific legal expertise and has an extensive understanding of the factors facilitating innovation in the industry.
The experienced legal team at Bremer provides creative and unique solutions to help your business accomplish its goals. Coupled with our regional focus, we deliver a perfect combination of sector-specific and regional-focused legal advice.
The energy sector experiences unstable trends triggered by constant changes in demand, precarious prices, political pressures, and local and regional regulations to attain price stability. In this complex and unpredictable market, you need a law firm with in-depth experience in the industry to offer dynamic solutions for your investment.
At Bremer, we use a strategic approach to help you plunge into the energy sector in the UAE market, alleviate risks, and take advantage of emerging opportunities.
At Bremer, we understand how to help our clients reach their goals in the dynamic real estate markets in the UAE, Europe, and the Middle East. We understand the different estate asset categories: commercial, residential, healthcare, hospitality, offices, and retail.
We offer a range of services on multi-jurisdictional real estate transactions, including establishing corporate deal structures, due diligence, financing, negotiations of sale and purchase, and asset management agreements.
Natural Resources and Environment
If you plan to venture into the environmental and natural resources industry, the skilled legal team at Bremer can help. Our team has extensive knowledge and experience in environmental laws, regulations, and policies across the United Arab Emirates.
We can help you navigate this challenging landscape and seize the available and emerging opportunities in the UAE market.
Our Areas of Expertise
At Bremer, our commercial team focuses on public procurement transactions. Besides helping draft and negotiate commercial agreements and documentation, we will work closely with you to structure deals in a way that benefits you and protects your investments in the highly competitive UAE market.
Whether you require assistance drafting your offer, setting up a deal structure, or handling challenges during the project lifecycle, we are well positioned to handle it.
Merger & Acquisition and Joint Venture
Whether you want to buy, sell, or restructure your company in the UAE or are looking to set up a joint venture, Bremer is your go-to legal advisory team.
We advise buyers and sellers in private and public mergers and acquisitions and joint ventures. Our legal team works with clients to conduct due diligence, develop deal structures, draft and negotiate transaction agreements, advise on transaction finance, and provide legal assistance during closing.
Antitrust and Merger Control
Antitrust and merger control play an ever-increasing role in the Middle East. Over the past few years, legislators have taken steps to expand regulators' authority and increase oversight and enforcement. Whether you are contemplating a commercial deal or a corporate transaction, you should explore your obligations under the UAE antitrust and merger control regime.
Bremer's dedicated antitrust and merger control team has a proven track record advising global corporates and PE funds on antitrust and merger control matters in the UAE and the larger MENA region.
Export and Project Finance
The UAE's strategy to diversify and grow its economy offers opportunities for corporations and other financiers. Export and project finance from foreign lenders plays a vital part in this process.
We understand local financing and banking regulations, as well as the practices required for foreign banks and ECAs. Therefore, Bremer is the perfect choice for ECA-backed export and project finance transactions.
Contact Us Now
Whether you want to start a new business or expand your business operations to the United Arab Emirates and require assistance, the legal team at Bremer can help. We have the knowledge and experience to help you build a successful business in the UAE.
If you have questions about how we can assist your business in the United Arab Emirates, contact us about our legal advisory services.
Merger Control in the United Arab Emirates (UAE)
The United Arab Emirates (UAE) was slow to establish a functioning merger control regime. Competition Law went into effect in 2013, which prompted the UAE to take the first step into establishing oversight of anti-competitive practices and behavior of businesses that typically control the market. The Competition Law had additional regulations issued under Cabinet Resolution, which was enacted to provide more detail into the general principles of Competition Law.
With all of these advances, there was still nothing that was as in-depth as merger control until 2016.
Notification of Transactions
The UAE merger control regime requires notification of “economic concentrations.” This means that a full or partial transfer of ownership or beneficial rights or assets, usufruct rights, stocks, shares, or liabilities, or the joining of managements of two or more undertakings needs to be notified if the transaction meets the further notification criteria. The notification threshold under UAE law is 40 percent market share. This market share threshold can be reached by one party alone. Hence, an increment in market share or overlap between the activities of the parties involved in the transaction is not required. Furthermore, there is no local effects test.
Additionally, the United Arab Emirates does not distinguish between full-function and non-full-function joint ventures under the merger control regime. Thus, non-full-function joint ventures require notification under the UAE merger control regime, provided that the transaction meets the notification threshold.
Timeline and Penalties
Some inconsistencies still remain regarding when a notification has to be made. The Competition Law requires notification at least 30 days before the compilation of a transaction. However, its Executive Regulations provide that a notification has to be submitted within 30 days after issuance of any drafted agreement that speaks of a transaction. In practice, filing within 30 days of signing of the transaction agreement is accepted as sufficient.
Upon the filing being accepted as complete the Ministry of Economy has 90 days to review the transaction. The Ministry of Economy has full and absolute discretion to determine when a filing is complete. Hence, the Ministry can effectively determine when the clock starts. Furthermore, if they deem it appropriate, the Ministry of Economy can extend the review period by 45 days, and such a decision can be made retroactively. During the review period, any parties involved will be under a standstill obligation. If the Ministry of Economy does not reach a decision within the review period, the transaction is deemed approved.
Failure to comply with the merger control regulations might result in fines of two to five percent of the violating entities’ annual revenue in the UAE. Furthermore, the Ministry of Economy may order the violating entity to shut down operations for a period ranging from three to six months. In more severe cases businesses licenses may even be revoked. If the Ministry of Economy deems it necessary, they can also impose criminal sanctions on a violating business.
We work with our clients to provide solutions, understand their objectives, and develop plans designed to assist them in the UAE. With our physical presence in the Near and Middle East and Africa, our attorneys are constantly aware of changing cultural and market changes, allowing us to serve your business better. Reach out to us today to discuss how we’re able to assist with mergers in the United Arab Emirates.
Foreign Direct Investment Overview for UAE
The United Arab Emirates has become a hub for international business and trade because of foreign direct investment. Since FDI has become a crucial part of the UAE's economy, the government has implemented initiatives to encourage and facilitate more business with foreign entities. These initiatives include free trade zones, tax incentives, and a simplified process for obtaining a business license. Because of these initiatives, the UAE continues to be a growing and attractive destination for foreign investors and multinational corporations.
The United Arab Emirates (UAE) has experienced an impressive level of growth in its foreign direct investment (FDI). This is due to the country’s strategic geographic location, stable political climate, and attractive business incentives. As a result, FDI in the UAE has steadily increased since 2009, reaching a peak of $10.3 billion in 2018 and growing to almost $21 billion in 2021. Currently, the main investors in the United Arab Emirates are Switzerland, the United Kingdom, India, the United States of America, France, Austria, Japan, the Kingdom of Saudi Arabia, Kuwait, and the Netherlands.
The UAE has actively encouraged FDI by offering preferential tax treatments, incentives for research and development, and attractive investment laws. The federal Commercial Companies Law was recently amended, granting foreign investors full ownership of businesses meaning foreign investors’ shares can now be up to 100% instead of 49 % like before.
The government also provides a range of financial instruments to help facilitate the entry of foreign companies into the market. This includes support programs such as Dubai Industrial City and Abu Dhabi Economic Zone.
In addition, the UAE’s strategic location at the crossroads of East and West makes it an ideal base for companies looking to access both markets. The country also boasts a well-educated and skilled workforce and a world-class infrastructure. These factors and the UAE’s political stability have made it an increasingly attractive destination for foreign investment.
Despite the global economic slowdown, FDI in the UAE remained strong in 2012, reaching $11.4 billion. This was due to continued government support and the country’s ongoing efforts to attract foreign businesses. The UAE has successfully attracted FDI from various industries, including manufacturing, finance, and tourism.
As a result, the country has experienced sustained economic growth and development.
The UAE's success in attracting FDI highlights its commitment to encouraging foreign investment and creating an enabling environment for businesses to thrive. The government’s efforts have been rewarded with a steady increase in FDI over the past decade, which is expected to continue. As such, it is clear that the UAE’s strong economy and attractive investment climate make it an ideal destination for foreign direct investment.
Contact Bremer Law
For exceptional assistance in expanding your business into the UAE, contact Bremer Law. Our experienced attorneys are ready to assist you in your expansion and advise you on local regulations.