mOA Amendment for Companies in Dubai, UAE
Introduction
A Memorandum of Association (MOA) is a foundational legal document that outlines a company’s structure, objectives, and operational scope in the United Arab Emirates (UAE).
Over time, businesses may need to amend their MOA to adapt to evolving goals, regulatory changes, or market dynamics. This comprehensive guide delves into the intricacies of MOA amendments in the UAE, elucidating the process, requirements, and critical considerations for businesses.
Reasons for Amending an MOA
Companies may seek to amend their MOA for various strategic, operational, or compliance-related reasons, including:
- Adjustment of Share Capital: Increasing or decreasing the company’s authorized or paid-up capital.
- Change of Company Name: Rebranding or aligning the company’s name with new business directions.
- Modification of Registered Office Address: Relocating the company’s headquarters to a different jurisdiction or emirate.
- Alteration of Business Activities: Expanding, reducing, or changing the nature of the company’s operations.
- Amending the company’s structure: This refers to amending the partners’ shares, for example, or adding a new partner.
- Amending management matters: Such as changing the manager or modifying and specifying his or her powers.
Step-by-Step Process to Amend an MOA
When amending the Memorandum of Association (MOA) of a Company in the UAE, the following legal steps must be followed:
1. Determine the Type of Amendment Required
Before initiating the amendment process, it is essential to identify the specific changes needed in the MOA, such as:
- Changing the ownership percentage among partners.
- Adding or removing a partner.
- Modifying the company’s capital.
- Changing the business activities.
- Renaming the company.
2. Obtain Initial Approval
Prior to amending the MOA, a request must be submitted to the Dubai Department of Economic Development (DED) to obtain approval for the proposed changes. You can submit the request through the following link:.
3. Prepare the MOA Addendum
Once the DED grants approval, an MOA addendum is drafted to detail the changes. This addendum must be signed by all existing and new partners.
4. Notarization of Amendments
The MOA addendum must be notarized by a Dubai Notary Public to ensure its legal validity. You can contact us for assistance with the amendment process. Our legal team will provide the necessary support and complete the notarization within 24 hours or less.
5. Payment of Fees and Collection of the Notarized Addendum
After notarization, all partners will receive a certified and legally recognized copy of the amended MOA.
For professional assistance in amending your MOA in the UAE, reach out to our experts today.
Documents Required for MOA Amendment
Original MOA and Proposed Addendum
Both the existing MOA and the drafted amendments.
Intial Approval
A copy of the initial approval from the Department of Economic Development for the new amendments must be submitted.
Trade License
Valid licenses and certificates issued to the company.
Identification Documents
Copies of passports and visas of shareholders and authorized signatories.
Conditions for Amending the Memorandum of Association (MOA) in the UAE
The UAE Companies Law does not permit unlimited amendments to the MOA of Companies. Instead, it imposes specific legal conditions, as outlined in Article 101 of the UAE Commercial Companies Law, which include:
1. General Assembly Meeting
All shareholders and partners must be invited to a general assembly meeting where they can review and vote on the proposed amendments.
2. Partner Approval for Amendments
To approve any MOA amendment, at least three-fourths (75%) of the shares represented at the general assembly meeting must vote in favor of the changes. Additionally, any modifications related to the company’s capital must align with the partners’ share distribution.
3. Quorum Requirements
For the general assembly meeting to be valid, partners representing at least 50% of the company’s capital must be present.
- If the required quorum is not met, a second meeting must be scheduled between 5 to 15 days later.
- The decisions made in the second meeting will be considered valid regardless of the quorum, ensuring that the amendment process is not indefinitely delayed.
4. Compliance with UAE Laws
All proposed amendments must comply with the UAE Commercial Companies Law and relevant local regulations to be legally enforceable.
For expert assistance in legally amending your MOA in compliance with UAE law, contact our team today.
Why Choose Our Services?
Credibility & Professionalism
Fast Notarization Process
Expertise & Competence
Client Testimonials
They completed the notarization process on the same day. Fast service and professional handling.
Suleiman A
General Manager, Trading Company
I worked with their legal team and was impressed by their professionalism, commitment to deadlines, and honest legal consultations. Truly one of the best law firms I have ever dealt with.
Salma M.,
Investor
Their process is fast and professional, and they respond quickly to client inquiries. I highly recommend working with them.
Samah Z.
CEO, E-Commerce Company
FAQs
How long does it take to amend the MOA of a Company in the UAE?
If all legal requirements are met, the notarization process can be completed on the same day.
Can the MOA be amended without the consent of all partners?
No, all partners must approve the amendment before it can be implemented.
Can the MOA be amended multiple times?
Yes, the MOA can be amended multiple times, provided that all legal procedures are followed each time.
Need assistance?
Our firm has successfully notarized MOA amendments for dozens of companies in Dubai, ensuring a fast, flexible, and timely process.
📞 For inquiries about our services, contact us now!