UAE Agency Registration Requirementsمتطلبات تسجيل الوكاله The Commercial Agency Law requires all local commercial agents to register with the Ministry of Economy and Commerce, (the “Ministry”). A number of supporting documents must accompany the application for registration, including a copy of the commercial agency agreement, legalized by the UAE embassy or consulate in the foreign principal’s country and translated into Arabic. In addition to the UAE nationality requirement discussed above, registration requires that the commercial agent has a valid and authorized commercial license in each Emirate intended to be within the commercial agent’s territory or else presents documentation showing the appointment of a distributor (sub-agent) licensed to do business in any Emirates in which the commercial agent is not licensed. The commercial agent should also be registered with the Chambers of Commerce in each relevant Emirate. (If the commercial agent is to conduct commercial agency activity in more than one Emirate, the registration application must be submitted to the Ministry’s office in the Emirate where the commercial agent’s main commercial establishment is located). Article 3 of the Commercial Agency Law states that an unregistered agency will not be recognized and no claim based on such unregistered agency will be heard. Despite this provision, however, we believe that the failure of a “otherwise qualified” commercial agent to register would not be strictly interpreted to preclude any claims relating to the unregistered commercial agency, but rather such claims would be adjudicated on the basis of the contract between the parties alone, without reference to the protections of the Commercial Agency Law. We must emphasize, however, that there is very little judicial or other authoritative guidance available on this latter issue . Under implementing regulations to the Commercial Agency Law, registration of a commercial agency agreement is effective for the specified term of that agreement.
Posted on: Sat, 06 Jul 2013 15:32:04 +0000
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