Attended by over 170 Legal and Finance Employees of Dubai Government “Legal Affairs Department” holds a Workshop on Procedures for Execution of Cheques as Writs of Execution

The Government of Dubai Legal Affairs Department held a workshop intended for legal and finance professionals working in Government entities in the Emirate of Dubai, to introduce the procedures and requirements for filing claims for execution of cheque as writs of executions in accordance with Federal Decree Law No. (50) of 2022 Issuing the Commercial Transactions Law, in respect of which the Department is responsible for representing Government entities.
Legislative Update
In this context, His Excellency Dr. Lowai Mohamed Belhoul, Director General of the Government of Dubai Legal Affairs Department, stressed the Department's keenness to raise awareness among Government entities on all matters related to its duties and functions, pointing out that the topic of this workshop reflects the flexibility that characterizes the legislative framework in the UAE, which, pursuant to Federal Decree Law No. (50) of 2022 Iss​uing the Commercial Transactions Law, decriminalizes the issuance of a cheque with no balance or insufficient balance, and establishes new mechanisms to ensure that the value of the cheque is received in the fastest and simplest way possible.
 
His Excellency Dr. Belhoul explained that considering the cheque as a writ of execution, and freeing it from any judicial procedural restrictions, enhances the confidence of beneficiaries in this negotiable instrument, consolidates the values of expeditious justice and the rule of law in a global investment climate, and reflects the leadership's keenness to constantly develop the legislative system to keep pace with the latest developments and streamline procedures in various sectors.
Speeding up Procedures
The workshop was presented by Legal Counsel/ Ahmed Fawzyi, Director of the Execution Section, and Legal Counsel/ Aly Elberry, Assistant Director of the Execution Section. The workshop, held remotely, was attended by more than 170 legal and finance employees from various Government entities in the Emirate of Dubai. The workshop introduced key amendments stipulated by the Commercial Transactions Law, which provide alternatives to receive the value of the cheque in the fastest and simplest ways, by obliging the bank to partially honor the cheque, and making the cheque on which the drawee bank confirms that it has no balance or has insufficient funds, a writ of execution that can be enforced directly through the execution judge. This enhances the force of the cheque as a negotiable instrument in business transactions.
Practical Procedures
The workshop pointed out that, pursuant to the Civil Procedure Law No. (42) of 2022, forced execution is not permissible except by a writ of execution to claim a right, in accordance with the requirements provided for by the law. In light of that, Article (667) of the Federal Commercial Transactions Law No. (50) of 2022 considers that a cheque, unlike any other negotiable instrument, is a writ of execution.
 
The two presenters explained that for a cheque to be considered a writ of execution, it must be confirmed by the bank that it has no balance or insufficient balance, and a certificate stating the same must be obtained from the bank. In that case, the execution judge may give the cheque an executory force.
The workshop discussed practical procedures for filing the execution of cheques onto the court system and the Rental Dispute Center, and mentioned the documents required for execution of cheques that meet the requirements of writs of executions, and the channels provided by the Department to apply for that service.

Attended by over 170 Legal and Finance Employees of Dubai Government “Legal Affairs Department” holds a Workshop on Procedures for Execution of Cheques as Writs of Execution



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