In 2019, the UAE introduced a landmark law, Federal Decree-Law No. 19 of 2019 on Insolvency, which provides a legal framework for individuals facing financial difficulties to settle their debts. This law, often referred to as the Insolvency Law for Individuals, offers a lifeline to those who are unable to pay their debts, protecting them from criminal prosecution for bounced cheques and providing a structured process to negotiate with creditors. A key outcome of this process can be the issuance of an **Insolvency Certificate**. [1]

This law marks a significant shift in the UAE`s legal landscape, moving from a purely punitive approach to debt default to a more supportive and rehabilitative one. It allows individuals to get back on their feet and reintegrate into the economy.

This guide provides an overview of the UAE`s Insolvency Law for individuals and the process of obtaining an insolvency certificate in 2025. Given the legal complexity of this process, it is crucial to seek expert legal advice. T4me can connect you with qualified legal professionals who specialize in insolvency cases.

Understanding the UAE Insolvency Law

The law applies to individuals who are facing existing or anticipated financial difficulties that prevent them from settling their debts. It provides two main pathways:

1. Settlement with Creditors: The individual can apply to the court to initiate a settlement process with their creditors. This is done under the supervision of the court and an appointed expert.
2. Insolvency and Liquidation: If a settlement is not possible, the individual can be declared insolvent, and their assets can be liquidated to pay off their debts.

The Insolvency Certificate

An Insolvency Certificate is a document that may be issued by the court during the insolvency proceedings. It can serve as official proof that the individual is undergoing a court-supervised process to settle their debts. This can be presented to creditors and may provide a stay against legal action.

The Insolvency Process: Step-by-Step

1. Filing a Petition: The individual (the debtor‚) must file a petition with the competent court. The petition must include a detailed report on their financial situation, including a list of all their debts and assets.
2. Court Review: The court will review the petition. If it is accepted, the court will appoint an expert to assist in the case.
3. Stay on Legal Action: Once the petition is accepted, a temporary stay is placed on any legal action against the debtor by their creditors.
4. Settlement Plan: The expert will help the debtor to prepare a settlement plan to be presented to the creditors. The plan may propose a haircut on the debt or a revised payment schedule.
5. Creditor Approval: The creditors will vote on the proposed settlement plan. If it is approved by a majority of the creditors, it becomes legally binding on all of them.
6. Liquidation (if settlement fails): If a settlement plan cannot be agreed upon, the court may proceed to declare the debtor insolvent and order the liquidation of their assets to pay the debts.

How T4me (t4me.com) Can Assist You

Navigating the insolvency process is a complex legal matter that should not be undertaken without professional guidance. T4me (t4me.com) can provide you with a crucial connection to the right legal experts.

Our role is to:

• Connect You with Legal Experts: We can refer you to experienced lawyers who specialize in UAE insolvency law.
• Provide Document Support: We can assist with the preparation and attestation of any documents required for the legal process.
• Offer Confidential Consultation: We provide a confidential and compassionate initial consultation to help you understand your options.

Frequently Asked Questions (FAQ)

1. Does the insolvency law mean I don’t have to pay my debts?

No. The law does not write off your debts. It provides a structured and legally protected process to negotiate a settlement with your creditors.

2. Will I go to jail for bouncing a cheque if I file for insolvency?

The law provides a stay on criminal proceedings for bounced cheques once the insolvency petition is accepted by the court.

3. Who is eligible to apply under this law?

The law applies to any individual (not companies) who is not a merchant and is facing financial difficulties.

4. How long does the process take?

The timeline can vary significantly depending on the complexity of the case and the level of cooperation from creditors.

5. What is the role of the expert appointed by the court?

The expert acts as a neutral mediator. They help to prepare the settlement plan, verify the debts, and oversee the process.

Conclusion: A Path to Financial Rehabilitation

The UAE`s Insolvency Law for individuals is a progressive and humane piece of legislation that provides a much-needed safety net for those facing genuine financial hardship. It offers a structured path to resolving debt issues, providing breathing space from legal pressure and an opportunity for a fresh start.

Given the legal stakes involved, professional guidance is not just recommended; it is essential. By seeking expert legal advice, you can navigate this complex process with the best possible chance of a positive outcome.

Contact T4me (t4me.com) today for a confidential discussion about your situation. Let us connect you with the legal experts who can help you find a way forward.

References

[1] U.AE. “Insolvency of individuals.” u.ae, 2023, https://u.ae/en/information-and-services/justice-safety-and-the-law/insolvency-of-individuals.