Federal Law No. (28) of 2005 concerning Personal Status; • Issued the following Resolution: Definitions Article (1) In the implementation of the provisions of these Regulations, the following words and phrases

Article 1 — In the implementation of the provisions of these Regulations, the following ¶

words and phrases shall have the meanings corresponding thereto unless the
context requires otherwise:
Country : The United Arab Emirates.
Emirate : Emirate of Abu Dhabi.
Foundation : Social Care & Minors Affairs Foundation.
Law : Law No. (19) of 2009 concerning the establishment
of the Social Care & Minors Affairs Foundation.
Board : Foundation's Board of Directors.
Director General : Director General of the Foundation.
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Absentee : A person whose home country and place of
residence are unknown.
Missing : Absentee not known to be alive or dead.
Legacy : Funds and financial rights left by the deceased.
Interdicted : Whoever shows lack of capacity such as madness,
dementia, negligence and foolishness and a
judgment was rendered for his interdiction.
Minor and the like : A person who has not yet reached twenty one
lunar years and a judgment was rendered for his
guardianship, such as the interdicted minor,
missing and absentee.
Legal representative : Whoever represents the minor and the like before
judicial authorities and others.
Chapter 1
Foundations’ Competencies and Practice Controls

Article 2 — The Foundation shall undertake legal management works on the funds of the ¶

national minors and unborn child, as well as the works of guardianship, trusteeship,
agency or custody on the minors and incompetent persons as well as the missing
and absentees who do not have a guardian or custodian, based on a decision
issued by the competent Court according to the Sharia'a provisions decided
in the Law of Personal Status and other relevant laws.
After notification of the decision of the competent Court, the Foundation shall
take the following actions:
Obtain from the competent Court all the documents and papers on which
the issuance of its decision was based.
1.
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Obtain the personal data from the relevant entities of the deceased,
including the statement of death and the heirs including the minors, and
copies of their registration certificates, identity cards and any other
copies of official documents deemed necessary to be obtained by the
Foundation.
2.
Obtain a comprehensive statement of all the movable and immovable
properties devolved to the minor or unborn child as a result of death of
the legator or those possessed by the latter before his death, as well as
all the monies owned by the minors, incompetent persons, missing,
absentees or the like.
3.
The Foundation may, in order to achieve clause 3 above, ask the relevant
entities, including for example and without limitation: The banks, stock
markets, real estate developers, sons, wives and family of the legator
concerning the minor or the like, as well as the guardian of the legacy in
case of minors, to provide it, within a period specified by it, with all
the information related to the property of the persons placed under its
trusteeship.
4.
After completing the taking over of the above-mentioned movable and
immovable properties, the Foundation shall inventory them then evaluate
them, if needed, through its specialists. It shall have the right to refer to
the necessary experts to help it in this task.
5.
The Foundation shall issue the necessary decisions to expenditures on
the minors and the like, covered by its care, in order to provide for their
basic needs such as housing, clothing, food, health care, education and
6.
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others, in a way that is commensurate with their own funds and their
social status, achieving the legitimate interest. It shall seek to provide
alternative sources of expenditures on the minors and the like of low or
no income.
The Foundation shall notify all the authorities holding the funds of
the persons covered by its care, such as banks, securities markets,
liquidators, commercial companies, real estate records competent authorities
and all relevant entities, of the issuance of a Court decision appointing
the Foundation as the legal guardian of the persons stated in clauses 1 and 2
of Article 4 of the Foundations’ Law and preventing the said entities from
disposing of their funds without the written consent of the Foundation.
7.

Article 3 — The Foundation shall manage the properties of the minors and the like covered ¶

by its care, whether movable or immovable, in order to ensure their preservation
and utilisation of their proceeds, either by placing them in fixed deposits at
banks and Islamic financial institutions or leasing real estate, for example and
without limitation. It shall, in particular:
Supervise real estate owned by minors and the like covered by the
Foundations' care and control, maintain, lease these real estates and
take all necessary actions to preserve them.
1.
2. Register the assets transferred to the minors through inheritance, donation,
purchase or any other means of acquisition, in their names at the competent
authorities.
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Invest the funds of the minors and the like covered by its care by establishing
economic projects, such as the incorporation of companies, establishments
or similar economic and commercial activities for the development of
funds and achievement of appropriate return on the invested amounts,
all according to the decision of the Investment Committee set forth in

Article 9 — of the Law. ¶

3.
Article (4)
In case a preliminary report issued by specialists at the Foundation states
that the real estate needs demolition, the Foundation shall form a technical
committee to inspect the real estate and prepare a written report supported
by evidence and technical grounds to prove the need of the real estate to
be demolished or renovated.
1.
Without prejudice to clause 1 of this Article, the Foundation may obtain
other technical reports from governmental or private competent authorities.
2.
The report shall be submitted to the Investment Committee to take the
appropriate decision of demolition or renovation.
3.
The competent departments at the Foundation shall take the necessary
administrative and legal actions for the demolition or renovation work
and for evacuation of occupants and tenants. They shall obtain the
necessary licenses and conclude contracts with the persons assigned for
demolition or renovation work according to the forms approved by the
Foundation and in a way that is compliant with the legislations in force
in the Emirate.
4.
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The Foundation shall conclude the necessary contracts for reconstruction
of the demolished real estate or the building decided to be renovated,
with consultants, contractors and financiers according to the forms
prepared for the same in a way that is compliant with the legislations in
force in the Emirate.
5.
Article (5)
In case of lease of the real estates owned by minors and the like covered by
the care of the Foundation, the latter shall take the following actions:
Evaluate the real estates leased or wished to be leased in order to calculate
the amount of rent and assign competent persons to study the comparative
rents in the region of the real estate, in a way that is compliant with the
legislations in force in the Emirate.
•
The Foundation may, as decided by the Investment Committee, lease the
real estates.
•
Conclude contracts with whomever necessary to carry out management,
guarding and maintenance work of the buildings to be leased.
•
Develop the rules and controls of lease operations and periodic maintenance,
whether directly through it or through the real estate management
companies and contracting and maintenance companies.
•
Article (6)
Once the judgment issued by the competent Court granting the custody,
guardianship or trusteeship to the Foundation on the minors and the like or the
unborn child, becomes final, the Foundation shall be considered the legal
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representative of the persons covered by its care and it shall have, in this
capacity, the right to represent them before all Courts of all degrees and types,
including judicial committees, to plead for them, to file lawsuits and defend
them. It shall have the right to represent them before all governmental and
semi-governmental entities and before others whenever their benefit requires
the same, whether inside or outside the Country, to manage their funds and carry
out all actions allowed to be carried out by the Foundation according to the
provisions of the Law.
Article (7)
For the purposes of applying the provisions of clause 7 of Article 5 of the Law,
the following shall be taken in consideration:
The guardian of his minor son or the minor sons of his interdicted son
shall notify the Foundation of the decision of the judge to appoint the
chosen guardian within 30 days from the date of appointment.
1.
Obtain the Courts' judgment in case the latter is appointed guardian or
judicial attorney on the minor or unborn child within 30 days from the
date of issuance thereof.
2.
The guardians, custodians and judicial attorneys stated in this Article
shall provide the Foundation with periodic reports according to the period
decided by the Foundation concerning all the works related to the funds
of the minors and the like, including management, investment, collection,
payment, sale, purchase and all acts allowed to be carried out under the
Law. In case of failure to do so, the Foundation shall have the right to
take necessary actions to withdraw their guardianship according to the
legislations in force in the Emirate.
3.
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Article (8)
The Foundation shall, by the means it deems appropriate, monitor the activities
of the guardians, custodians and judicial attorneys in order to ensure their
abidance by the instructions and directives issued by the Court and the
Foundation, in compliance with the provisions of the Islamic Sharia'a, the Law
of Personal Status and the legislations in force, and that they make every effort
to implement the work related to the minors and the like covered by its care.
Article (9)
In case of a reason necessitating the dismissal of the guardian or custodian
set forth in the Personal Status Law, the Foundation shall refer the matter to
the competent Court along with the application for a new guardian or custodian.
The Foundation shall take necessary actions to preserve the funds of the minors
and the like until the end of the procedure.

Article 10 — If the Foundation finds any misconduct by the guardian, custodian or ¶

judicial attorney in the funds of the minor and the like, it shall take
necessary legal actions to hold them accountable and punish them.
a.
1.
If a decision is issued to dismiss the guardian, custodian or judicial attorney,
the latter shall:
2.
Provide a full statement of the funds of the minor and the like.
b. Provide an account ratified by a legal auditor concerning all the work
carried out during his guardianship or custody.
Deposit all the funds held by him and belonging to the minor in a special
account to be determined by the Foundation within thirty days from the
date of ratification of his decision of dismissal by the Court.
c.
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The Foundation may refer to a specialist to examine and audit the actions
of the guardian during the period before his dismissal.
3.

Article 11 — The concerned department at the Foundation shall guide its specialists ¶

to exercise the oversight and guidance works on the minors and the like,
concerning their social lives and circumstances and the suitability of these
circumstances to their own situation and age, as well as the convenient
environment for their health, their upbringing method, control and
preservation of their morals.
1.
In case the Foundation finds any violation to the provisions of the Law
and the rules of authentic education, it may investigate with the guardians
of the minor or the like in this regard and take necessary actions to rectify
the situation.
2.
The Foundation may entrust the minor or the like to a specialised social,
medical or health institution to take care of the minor while continuing
to monitor the latter.
3.

Article 12 — The competent department at the Foundation shall follow the social ¶

conditions of the minors and the like covered by its care through control,
supervision and guidance and may, in order to achieve the above, send
its employees to their places of residence and ensure the availability of
suitable conditions for their housing, residence, livelihood and education
according to the generally accepted educational, psychological and social
standards, particularly with regards to the principles of sound education
and moral guidance that are compatible with the provisions of the Islamic
Sharia'a.
1.
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Article 13 — The Foundation shall, if necessary, provide the appropriate and suitable education ¶

to the minors and the like covered by its care, by taking the following into
consideration:
Choosing the right schools in terms of location and educational reputation. a.
Follow the educational attainment by referring to and following the
schools, attending the parents' meetings, perusing the periodic results
and monitoring the progress of the minors and the like covered by its
care and their success in periodic exams. The Foundations' follow-up
shall be extended to include the study outside the Country.
b.

Article 14 — Following upon the minors or incompetent persons in their education, training ¶

and care in schools, colleges, hospitals and specialised health centres, convenient
for the case of each of them, following up on their situations and organising a
special file for each including all the information related to their health condition.

Article 15 — All the guardians, custodians and judicial attorneys to the minors and the like ¶

shall immediately notify the Foundation of any change of the place of residence
of any of them or the place of residence of any of the persons covered by
the care.
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2. The competent employees shall submit periodic reports on the outcome
of their work and the actions, directives and instructions taken by them
in favour of the minors and the like.

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Chapter 2
Removal of Guardianship on the Minors or Incompetent Persons, Payment
of Zakat and Settlement of the Debts related to the Minors and the like

Article 16 — In case of proof of healing of any of the incompetent persons or if the minor ¶

attains the age of majority, the guardian shall refer the matter to the competent
Court to remove guardianship and shall notify the Foundation of the same.

Article 17 — The Foundation shall calculate the Zakat due on the funds of the minors ¶

and the like on an annual basis according to the Sharia'a rules.
1.
The Foundation may spend from the Zakat money on the minors and the
like covered by its care who are legally eligible.
2.
The Foundation shall pay the Zakat balance collected by it on an annual
basis after deducting the expenses allowed under the Law and deducting
the payments as per clause 2 of this Article, to the competent authorities.
3.

Article 18 — The Foundation shall, upon starting the guardianship work on minors and ¶

the like:
Limit their rights and their debts, as well as the judicial judgments and
other documents proving the same, and validate them. It may, in this
regard, hear the testimonies of the heirs.
1.
Claim debts from the debtors, whether amicably or through the Law,
including sending a written warning to the debtor before claiming the
debt through the competent Court.
2.
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In case of validation of the amount of debt due from the minor or the like,
and proved in written documents ratified by the competent authorities,
by cheques accepted by the banks, final judgments, regulatory and
mandatory commercial books or any installments due from him as a result
of purchase of real estate or the allocation of the latter by the Country, or
any installments due to the banks approved in the Country as a result of
previous fixed loans, such debt may be paid if the funds of the minor are
sufficient to do so, otherwise, it may divide the funds pro rata and distribute
them to the creditors or refer to consensual partial payment.
3.
Settle debts due from the minor and the like, ruled by virtue of final
judicial judgments that the Foundation was represented therein, and it
shall implement these judgments with the fees and expenses included
therein in case of sufficient funds of the minors held by the Foundation.
4.
Chapter 3
Investment Committee

Article 19 — The Board shall form the Investment Committee according to the provisions ¶

of the Law.
1.
The Investment Committee shall have indicative regulations to organize
its tasks and work, approved by the Board.
2.
The Committee shall hold its meetings at the headquarters of the Foundation
or in any other place decided by its head once every month or as the case
may be, based on the heads' invitation.
3.
The Committee's meeting shall not be considered valid unless it is attended
by at least three members including the head.
4.
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The Committee shall issue its decisions by the absolute majority of the
members present. In case of equality of votes, the side for which the
head of the meeting voted shall prevail.
5.
The Director General shall follow the implementation of the Committee's
decisions.
6.
The Director General shall prepare a quarterly report on the Committee's
work to be submitted to the Board.
7.
The Committee shall exercise its competencies according to the requirements
of the benefits of the minors or the like and according to the rules and
regulations set by the Board in accordance with the provisions of the Law.
8.

Article 20 — The Investment Committee shall take the decisions related to the investment ¶

of funds of minors and the like covered by the care of the Foundation according
to the provisions of the Law, including the following:
Suggest the investment plans ensuring the achievement of the interests
of the minors and the like covered by the care of the Foundation and
obtain their approval by the Board.
1.
Study the investment operations to be entered into, choose the convenient
from them in a way achieving balance between the cash liquidity to be
preserved and the amount of invested monies according to the financial
resources of the minors and the like covered by its care and their obligations.
2.
Follow the affairs of the real estates of the Foundation or the real estates
managed by the Foundation, as well as the real estates of the minors and
the like covered by its care to review the investment policies related thereto.
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Supervise the accounts of the funds of the minors and the like covered
by the Foundation's care.
4.
Supervise the follow-up of the funds of minors and the like covered by the
care of the Foundation, limited in an official report for their management and
investment until the end of the Foundation's guardianship and the taking
over of their funds.
5.
Suggest the services provided by the Foundation to the minors and the
like covered by its care and specify the rent amounts managed by it in
coordination with the concerned authorities and departments.
6.
Prepare periodic reports on the status of the investments held by the
Foundation and submit them to the Board.
7.
Suggest the organisation of administrative work, records and registers
concerning the management of the funds of the minors and the like.
8.
Adopt an accounting system for the work carried out by the Committee
according to its competence and organise quarterly reports approved by
the certified auditors of the Foundation.
9.
Chapter 4
General Provisions

Article 21 — The Board shall, upon the suggestion of the Director General and according ¶

to the public interest requirements, form permanent and interim committees
ensuring the proper functioning of the Foundation.
1.
In the formation of the Committees, one or more members shall be from the
Board, among them the Head of the Committee.
2.
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The members of the Committees may include competent persons from
inside or outside the Foundation.
3.
The decision to form the Committees shall determine their competencies,
method of work, number of members and period concerning the interim
committees, and the remuneration of their members.
4.

Article 22 — The Board members and all the employees of the Foundation shall submit ¶

a statement of their relations up to the second degree.
1.
The supervising authorities at the Foundation shall oversee all the
transactions and contracts made whether by the Board or any of the
officials or committees formed therein.
2.

Article 23 — The Courts, police stations, hospitals, the General Directorate of Residence ¶

and Foreigners Affairs, banks, concerned authorities, adult heirs and
partners, each within its own competence, shall notify the Foundation of
the death of any person liable for a minor and the like, of the death of the
guardian or custodian and of any lawsuit related to any of the minors and
the like covered by the Foundation's care so that the latter would be able
to take necessary legal actions to preserve the rights of the minors and
the like and limit their rights and obligations within thirty days from the
date of death.
1.
The Foundation shall, upon its mere notification according to the provisions
of the previous clause and on its own, or upon the request of the concerned
persons, take necessary actions to limit the movable and immovable
2.
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properties of the minors and the like and all their rights and obligations.
The Foundation may keep the documents related to these properties,
receive all the inheritance funds limited by an official report to be managed
and invested in the way it deems proper while achieving the benefits of
the minors and the like until their division or handing over upon the end
of its guardianship on the minors and the like.
None of the adult heirs or partners of the deceased minors and the likes
shall dispose of the inheritance funds or joint funds with effect from the
date of death until the date of limitation of these funds, provided that this
limitation is made within a period not exceeding thirty days from the date
of notification of the Foundation of the decease. Any disposal made by
any of them without the written consent of the Foundation shall be invalid.
3.

Article 24 — The provisions of the previous Article shall apply to the partners of each of: ¶

The interdicted person because of dementia, madness or foolishness with
effect from the date of judgment of interdiction.
a.
The missing or absentee with effect from the date of notification of the
competent Court's decision to the Foundation proving the absence.
b.

Article 25 — The Foundation shall exercise financial custody work on all the minors and ¶

the like covered by its care, according to the provisions of financial custody
stated in the Personal Status Law.
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Article 26 — The financial custody of the Foundation shall include the funds of: • ¶

Minor children of the interdicted person because of madness, dementia
or foolishness.
1.
Minor children of the missing and absentee. 2.
The concerned departments at the Foundation shall estimate the needs
of the families of the minors and the like covered by its care, taking into
account the household income, status of the dependents and the prevailing
economic situation in terms of time and place.
•

Article 27 — The Foundation shall address letters to all the banks and financial institutions ¶

operating in the State through UAE Central Bank to inquire about the types
and numbers of accounts and their balances opened in the names of the
minors and the like and the deceased minors and the like, according to
the inquiry form prepared by the Foundation for this purpose.
1.
After receiving information from the banks and ensuring the presence
of one or more accounts in the name of the minor or the like or the
deceased minor, the Foundation shall ask the bank to refrain from payment
from the account(s) without the permit of the Foundation and according
to its instructions.
2.
The Foundation shall issue a decision including the instructions related to
the operating of the existing accounts, in terms of deposit and withdrawal.
3.
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The Foundation may order to transfer the balances of any account of the
accounts of minors and the like to other accounts managed on their
behalf according to the provisions of the Law.
4.
Without prejudice to the provisions of Article (225) of the Law of Personal
Status, the Foundation may ask the bank to which the monthly alimony
of the minor or interdicted person is transferred, not to give any loans
or facilities to the guardian or custodian without the consent of the
Foundation.
5.
The Foundation may ask the banks holding accounts for the minors or
the like to provide it with a cheque book when necessary.
6.
The Foundation shall be able, by virtue of its financial custody, to use the
cheques and pay by them whenever necessary according to the Sharia'a
regulations.
7.
The Foundation shall determine the persons authorised to sign the cheques
under its decisions.
8.
Upon notifying the Foundation of any decision issued by the competent
Court of the interdiction of any person due to the interdiction reasons
specified by the Law, it shall contact all the banks and financial institutions
operating in the Country through UAE Central Bank, to notify them of the
decision of interdiction and ask them to refrain from dealing, giving loans,
provide credit facilities or others to the interdicted person.
9.
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Article 28 — The Foundation shall contact the traffic departments at the State to ¶

inquire about the cars registered in the name of the minors and the like
or the deceased related to them, by virtue of a query form prepared
by the Foundation for this purpose.
1.
The Foundation shall take hold of the cars of the minors and the like and
shall place a registration annotation on the car or vehicle registered in
the name of the minor or the like stating its exercise of financial custody
thereon.
2.
The Foundation may, after submitting to the Investment Committee, dispose
of the vehicles of the minors and the like such as sale, purchase, mortgage
and others, in a way achieving the benefit of the minors and the like
covered by its care. The Foundation shall order the prevention or restriction
of any disposal without the written consent thereof, without prejudice to
the provisions of Article (225) of the Law of Personal Status.
3.
The competent Traffic Departments at the State shall not remove the
registration annotation placed by the Foundation on the vehicles stated
in this Article without the written consent of the Foundation.
4.

Article 29 — The Foundation shall address letters to the competent authorities to inquire ¶

about the commercial and professional licenses registered in the name
of the minors or the like or the heirs among them covered by its care as
well as the deceased related to them.
1.
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The Foundation shall place a registration annotation at the competent
authorities on the register of the commercial and professional licenses
registered in the names of the minors and the like, whether the license
is registered in their names or in association with others, stating the
prevention of disposal thereof without its permit.
2.
The Foundation shall initiate legal actions on the licenses in a way achieving
the benefits of the minors and the like covered by its care.
3.
The competent authorities shall not conduct any action on the license
stated in this Article without the written permit of the Foundation.
4.
The Foundation shall prepare forms of the requests, orders, instructions
and actions conducted according to the provisions of this Article.
5.

Article 30 — Without prejudice to the Law of Personal Status, the Foundation shall ask ¶

the competent Court to issue a decision to dismiss the legal representative
of the minor and the like in the following cases:
1.
His absence for more than six months without knowledge of his home or
place of residence, provided that the Foundation confirms such absence
by publishing an announcement in two daily newspapers widely circulated
in the country without receiving any information thereon.
a.
Issuance of a judgment by the competent Court for the interdiction thereof. b.
Issuance of a final judgment against him for imprisonment of more than
six months.
c.
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Abuse of the properties of the minor and the like in a way endangering
them.
d.
Disability or inability to carry out the guardianship and custody tasks or
assigning others to do so without the permit of the Foundation.
e.
Existence of risks on the minor's funds. f.
The Foundation shall ask the competent Court to appoint a receiver or
an alternative to the person decided to be dismissed.
2.
The legal representative who was dismissed by virtue of a judicial decision,
and was not absent, shall hand over to the receiver or the Foundation,
the properties of the minor or the like and all the documents related thereto,
such as the statement of account for its management within a period not
exceeding thirty days from the date of dismissal, by virtue of a written
report proving all the handing over and taking over procedures, signed by
the legal representative, the dismissed person and the representative of
the Foundation. This shall not be considered as an acquittal for the period
preceding his dismissal.
3.
In the event of a final judgment dismissing the absent legal representative,
the appointed receiver or the Foundation shall take hold of all the properties
of the minor or the like and all the documents related thereto including the
movable and immovable properties, bank accounts or the like and others.
The receiver or the Foundation may take all necessary legal actions to
enable it to implement this clause.
4.
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Article 31 — The guardianship of the Foundation shall be terminated for any of the ¶

following reasons:
•
The minor covered by the care of the Foundation attains the age of majority
according to the provisions of the Personal Status Law and the proof of
the same in a judgment issued by the competent Court in a lawsuit
where the Foundation is represented.
1.
Issuance of a decision by the competent Court of the end of the guardianship
of the Foundation on the missing or absentee.
2.
Return of legal guardianship to the lawful father or grandfather. 3.
Lifting the interdiction on the persons covered by guardianship by virtue
of a decision by the competent Court.
4.
Death of the minor and the like covered by the care. 5.
The death of the minor and the like covered by the care proved by a death
certificate issued by the competent authority or by a judgment from the
competent Court.
•
If the Foundation has serious and legitimate reasons that make it doubt the
ability of the minor, when he attains the age of majority, to take over his
funds, it shall present the matter to the competent Court that shall decide
if the minor has become an adult and able to take over his funds and manage
them. If it decides that it is not able to take over and manage its funds, the
guardianship of the Foundation on its funds shall be according to the period
determined by the Court.
•
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Article 32 — Should one of the cases ending guardianship or custody stated in the ¶

Personal Status Law is realised and without prejudice to the provisions
of Article (23) of the Law, the Foundation shall:
1.
Inventory and limit all the funds of the minor and the like covered by its
care.
a.
Hand over the funds to their owners upon their request or to any entity
determined by the competent Court within a period of three months from
the date of receiving the request.
b.
Request that the concerned persons submit a request to the Foundation
to take over the funds or properties of the minors who attained the age
of majority and the like and the request shall be accompanied with all
supporting documents including a copy of the Court's judgment and any
other documents deemed necessary by the Foundation to decide on the
request.
c.
Prepare a report which includes the taking over and handing over signed
by the Foundation and the concerned persons.
d.
Take all legal actions to remove all liens or injunctions of disposal of the
movable and immovable properties subject to the above, including for
example the real estates, vehicles, bank accounts, commercial licenses,
professional licenses and others.
e.
In the event of failure of the minor or interdicted person to prove his
majority and in case the Foundation continues to manage his funds, it
shall receive a rate of 5% of the net income resulting from the management
2.
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and investment of his funds, with effect from the date the minor attains
the age of majority or removal of interdiction on the interdicted person.
The Foundation shall have the right to receive such rate in case the heirs
do not agree on the taking over of the inheritance or they fail to authorise
one or some of them for the taking over procedure.
The accounting standards shall be adopted for the purposes of calculation
of a rate of 5% of the net income for the cash funds, shares or use of the
real estates or others according to the case, provided that the calculation
equation is approved by the Foundation's auditor.
3.
In the event of failure of any of the concerned persons in taking over his
share of the funds to be handed over for any reason whatsoever, the
Foundation shall address a written notice asking him to attend to take
over his share of the fund within a specified period, in case his address
is known, or a notice by publication. If he fails to attend despite the
notification, the Foundation may continue to manage the funds against
5% of the net income or request the competent Court to appoint a receiver
to take over and manage his share.
4.

Article 33 — In the event of failure of a person liable for a minor or more, an unborn child, an ¶

incompetent person or absentee and the appointment of a guardian on the
inheritance (whether he is appointed by the legator or the Court) attorney of
the absentee or guardian of the incompetent person, any of them shall:
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Notify the Foundation of his appointment by virtue of a statement of which
a form is prepared, including the presence of a minor or the like within
the heirs.
1.
The guardian of the inheritance takes hold of its funds as decided by the
provisions of liquidation of inheritances in the Personal Status Law and
notifying the Foundation of the procedures taken or to be taken by him
or against him and notifying the Foundation of all the procedures taken
before his appointment.
2.
If the Court orders the guardian of the inheritance to deposit the monies,
securities and valuables in its treasury until the liquidation, he shall hand
over to the Foundation copies of the reports of deposit of the said monies
or others, if any.
3.
To submit a separate periodic report to the Foundation within the time
period specified by it for each case apart concerning his management
of the inheritance, including a statement of account and the properties
of the minor or the like in such inheritance.
4.
To deposit at the Foundation an approved copy of the inventory list of the
inheritance submitted to the Court. The list shall include a statement of
the rights and obligations of the inheritance and a statement of evaluation
of these monies, accompanied with the experts' reports, if any, upon their
deposit at the competent Court, without exceeding ninety days from the
date of his appointment or any additional period determined by the Court.
5.
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Notify the Foundation by means of a monthly report of the settled debts
not subject to a dispute.
6.
Hand over to the Foundation the sorted share of the minor or the like after
the end of liquidation, whether by virtue of an agreement between the
heirs and the Foundation, in its capacity as representative of the minor
or the like, or through the competent Court and hand over to the Foundation
a complete copy of the inheritance file.
7.
If the Foundation finds that the interest of the minor requires the continuation
of his share in the inheritance without sorting with the rest of the partners,
it shall notify the competent Court of the same in order to take necessary
actions, without contradicting the provisions of end of co-ownership and
the management of joint money.
8.
In the event of liquidation of the inheritance having one or more minors
and the like before the Foundation exercises supervision thereon and the
Foundation finds that all or some of them have rights not noticed earlier
in the liquidated inheritance, the Foundation may claim these rights through
the competent Court.
9.
The Foundation shall set the forms necessary for the implementation of
the provisions of this Article and the guardian of the inheritance and the
like shall observe.
10.

Article 34 — Without prejudice to the procedures of liquidation of inheritance set forth ¶

in the Personal Status Law, none of the adult heirs or partners of the
deceased in case of a minor or the like among the heirs, shall dispose of
1.
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the properties of the inheritance, whether movable or immovable, including
the joint money with effect from the date of decease. Any disposal made
without the written consent of the Foundation shall be invalid.
The guardian of the inheritance, adult heirs or partners in joint money,
shall notify the Foundation of the decease of the legator of a minor or the
like immediately upon the decease.
2.
The Foundation shall, in coordination with the guardian of the inheritance
and the competent Court, limit the monies of the inheritance or joint
money according to the legislations in force at the Emirate.
3.
The Foundation shall assign one or more of its employees, in cooperation
and coordination with the adult heirs and partners, to limit the properties
of the inheritance including its shares in the companies, prepare a report
of the same within thirty days and submit it to the competent authority
at the Foundation.
4.
The Foundation shall prepare forms of the data to be met when the assigned
persons limit the properties of the inheritance.
5.
The Foundation may ask the competent Court to take any precautionary
measure, including precautionary seizure on the funds of the deceased
legator of a minor or the like, on an urgent basis, in order to preserve the
funds of the minors and the like covered by its care during the period of
limitation of these funds.
6.
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Article 35 — The Head of the Judicial Department shall issue, in agreement with the ¶

Chairman of the Board, a decision determining the employees of the
Foundation who have the capacity to act as judicial offers concerning the
crimes falling within their competence and related to their functions.
•
The Foundation's employees who were granted the capacity to act as judicial
officers shall be subject to a training session organised in cooperation between
the Foundation and the Judicial Department.
•

Article 36 — The judicial officer shall prepare a record of evidence of every incident ¶

occurring in violation to the provisions of the Law and shall submit the
record to the Director General to take convenient actions in their regard.
1.
2. Without prejudice to the penal sanctions set forth in the Law or any other
Law, in case a person unlawfully takes over the properties, documents,
shares certificates, title deeds or the like of any minor or the like covered
by the Foundation's care, the latter shall appoint itself a claimer of civil
right and ask the competent Court to rule the return of the unlawfully
seized properties with the payment of compensation if necessary, in case
this person refrains from returning the seized properties willingly despite
being addressed a written warning.

Article 37 — The Foundation may refer to the competent public authority members, ¶

if necessary.
1.
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Issued by us in Abu Dhabi
On: 19 April 2015
Corresponding to: 30 Jumada Al Akhar 1436 H
Mohamed bin Zayed Al Nahyan
Crown Prince
Chairman of the Executive Council
The Foundation shall assign its employees having the capacity to act as
judicial officers to conduct field visits to the establishments or companies
containing minors or the like, to peruse their records, obtain copies of
their accounts and conduct field visits to the minors and the like at their
place of residence, whether in their houses, schools, educational or
training institutes, hospitals, clinics, specialised centres or workplaces
in order to verify their situations. The said employees shall prepare
reports of the same and submit them to the competent authorities at the
Foundation.
2.
The Foundation shall assign its employees having the capacity to act as
judicial officers to conduct field visits to inspect all the monies and
properties of the minors and the like covered by the care to verify their
situations.
3.
All the concerned entities shall assist in the implementation of the decisions
issued by the Foundation according to the provisions of the Law.
4.

Article 39 — This Resolution shall be effective from the date of its issuance and published ¶

in the Official Gazette.
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