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Regulations 2020 For Dmcc Companies Require The Adoption Of A Company Secretary

The DMCCA Company Regulations 2020 stipulate that DMCC companies must comply with a new office structure in which DMCC Member Entities must appoint a Secretary rather than a Legal Representative.
 
As a result, the deadline for compliance with these regulations has been extended to 31 March 2022, with service fees waived until this date only, and penalties will apply if they fail to comply. 
 
A company must have a Secretary, but it is not necessary that a branch appoints one. Documents must be filed by the Secretary according to the requirements set forth in the Company Regulations and as specified in the Articles.
 
Secretary duties are outlined in the Officer Rules.

Appointment and removal of secretary

Company directors or Branch Parent directors can appoint the Secretary at any time by resolution. 

A Secretary holds its position until:  
(1) When the Secretary becomes incapacitated or dies (if he or she is a natural person) or dissolves (if he or she is not a natural person);
 
(2) resignation; or dissolution;
 
(3) removal by the Board of Directors (in the case of an organization) or the Board of the Branch Parent (in the case of a branch). 

Disqualification of a secretary

(a) If a natural person is under 21 years of age (except, in the case of a person over 18 years with the approval of the Court); 
 
(b) has been convicted in the past ten years of a criminal offence that involved dishonesty; 
 
(c) has been disqualified by the DMCCA pursuant to Regulation 57, or any other competent regulatory authority or court outside of the UAE;
 
(d) fails to meet any of the criteria outlined in the Articles (as the case may be) or the Officer Rules; or 
 
(e) in the opinion of the Registrar, is unsuitable to be a Secretary of DMCC Entities.  

How can Alya Auditors help you ?

We are one of the leading audit firms in Dubai, DMCC, and we take care of all the needs of companies in connection with the appointment and removal of secretaries in Dubai, UAE. Our highly qualified team of experts assists companies in assessing whether they need to meet the regulations for appointing and removing secretaries. Our team at Alya can provide companies with solutions to meet the regulations. In addition, we can assist the business in preparing the documents and the report for submission to the relevant DMCC authority. Please contact us to find out more.