Endowment Contract Template for United Arab Emirates

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Key Requirements PROMPT example:

Endowment Contract

I need an Endowment Contract under UAE law to establish a charitable Waqf that will dedicate a portfolio of commercial properties in Dubai to support educational initiatives, with the contract to take effect from March 1, 2025, and include provisions for a professional asset management company to serve as Mutawalli.

Document background
The Endowment Contract is a fundamental document in Islamic finance and charitable giving within the UAE legal framework. It is used when an individual or organization wishes to permanently dedicate assets for charitable, family, or mixed purposes in compliance with both Shariah principles and UAE law. The contract must adhere to UAE Federal Law No. 5 of 2018 and related Emirates-specific regulations, while incorporating Islamic jurisprudential requirements for valid Waqf creation. This document typically includes detailed provisions for asset dedication, governance structures, beneficiary rights, distribution rules, and administrative procedures. It's particularly relevant in scenarios involving perpetual charitable giving, family wealth preservation, or the establishment of permanent religious or social welfare institutions. The contract requires careful consideration of both traditional Islamic principles and modern regulatory requirements to ensure its validity and effectiveness.
Suggested Sections

1. Parties: Identification of the Waqif (endowment creator), initial Mutawalli (trustee/administrator), and any supervisory authority

2. Background: Context of the endowment creation, including religious and charitable motivations

3. Definitions: Key terms used in the contract, including Islamic terminology and legal concepts

4. Declaration of Endowment: Formal declaration of the Waqf, including the intention (niyyah) and purpose

5. Endowed Assets: Detailed description of the assets being endowed, including their current status and value

6. Purpose and Objectives: Specific charitable, family, or mixed purposes of the endowment

7. Governance Structure: Rules for administration, including appointment and removal of Mutawalli

8. Powers and Duties of Mutawalli: Detailed responsibilities and authority of the administrator

9. Beneficiaries: Identification of beneficiaries and their respective rights and shares

10. Distribution Rules: Rules governing the distribution of benefits or income

11. Asset Management: Guidelines for maintaining and investing endowed assets

12. Compliance: Provisions ensuring compliance with Sharia and UAE laws

13. Amendment and Termination: Conditions under which the endowment terms may be modified (if allowed)

14. Dispute Resolution: Procedures for resolving conflicts, including jurisdiction and applicable law

Optional Sections

1. Investment Guidelines: Detailed investment policies and restrictions - include when endowment involves significant financial assets

2. Succession Planning: Rules for succession of beneficiaries - include for family Waqf

3. Operating Procedures: Detailed procedures for day-to-day management - include for complex endowments

4. Advisory Board: Structure and role of advisory board - include for large endowments

5. Reporting Requirements: Specific reporting obligations - include when required by regulators or size of endowment

6. Environmental and Social Impact: Guidelines for ensuring positive community impact - include for public charitable endowments

7. Interaction with Other Entities: Rules for cooperation with other charitable organizations - include for public charitable endowments

8. Emergency Provisions: Special rules for emergencies or extraordinary circumstances - include for critical service endowments

Suggested Schedules

1. Schedule 1 - Asset Register: Detailed inventory and description of all endowed assets

2. Schedule 2 - Beneficiary Details: Complete list of beneficiaries and their entitlements

3. Schedule 3 - Administrative Procedures: Detailed procedures for administration and decision-making

4. Schedule 4 - Investment Policy: Detailed investment guidelines and restrictions

5. Schedule 5 - Distribution Framework: Detailed framework for benefit distribution

6. Appendix A - Required Regulatory Approvals: Copies of necessary government and regulatory approvals

7. Appendix B - Shariah Compliance Certificate: Certificate from recognized Shariah scholar or board

8. Appendix C - Asset Valuation Reports: Independent valuation reports for endowed assets

9. Appendix D - Legal Opinion: Legal opinion confirming compliance with UAE laws

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Religious Institutions

Education

Healthcare

Social Services

Cultural Heritage

Real Estate

Financial Services

Charitable Organizations

Family Businesses

Environmental Conservation

Arts and Culture

Research and Development

Poverty Alleviation

Community Development

Relevant Teams

Legal

Compliance

Finance

Asset Management

Investment

Risk Management

Corporate Governance

Administrative Services

Property Management

Religious Affairs

Social Impact

Charitable Programs

Wealth Management

Trust Services

Relevant Roles

Legal Counsel

Shariah Advisor

Trust Administrator

Wealth Manager

Compliance Officer

Financial Controller

Asset Manager

Charitable Programs Director

Investment Manager

Risk Manager

Corporate Secretary

Foundation Director

Endowment Manager

Board Member

Religious Affairs Officer

Property Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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