Paragraph (3) in Article (3) of Law (1) of 2012 on Organizing Department of Civil Aviation in Ras Al Khaimah Emirate shall be replaced by the following text:
3-After the Department ensured the financial, administrative and technical capabilities of the company, It shall do the following:
A- Granting approval to Competent Authorities concerned with issuing licenses to carry on activities of travel, freight and cargo agencies.
B- Granting initial approval on issuing licenses to carry on activities related to civil aviation, aircraft maintenance, trading in aircraft spare parts, navigational devices, and airport equipment.
C- Granting approval to issue licenses of any company wishing to work through Ras Al Khaimah International Airport in one of airports activities.
D- For the continuity of the approvals, business, and activities stated in clauses (a), (b), and (c) above, the Department shall control and supervise the extent of company's financial, administrative, and technical capabilities. However, if it turned out existence of defect or failure in the company that affects its financial, administrative or technical capabilities to continue the activity and business thereof properly, the President of Department shall have the right to appoint tripartite committee consisting of a representative of the Department and two members with experience and competence. The Department President shall determine the Committee’s fees due from the company to study its situation. The Committee shall exercise the following tasks and competences:
1- Look into the company's documents, books, records and entries.
2- Address any government or non -government authority to inquire about or obtain any data related to the company.
3- Review and enumerate the company's dues with any authority.
4- Review and enumerate company's assets and fixed assets.
5- Review and enumerate company's indebtedness, and for this purpose, the Committee shall meet with creditors or their representatives in the manner determined by the Committee.
6- Consider all technical and administrative aspects of the company.
7- Prepare full report of Committee’s findings regarding company’s status and its financial, administrative and technical capabilities and recommendations thereof on that regard. However, Committee shall complete such report within three months from date of appointment and the Department’s President may extend such period more than once, when necessary, provided that the total extension period shall not exceed nine months.
8- In order for the Committee to perform its tasks, it is prohibited for courts or judicial bodies to consider any disputes or request against the company related to any indebtedness or claim or any other matter. Any pending disputes before courts or judicial bodies shall be suspended till completion of Committee’s works. The creditors may, in the event no agreement had been achieved with the Committee on settling their claims within thirty days from the date of completing the report, resort to competent courts according to provisions of law.
E- The Department shall consider the Committee’s report to recommend the continuity of activity, business and approvals granted to the company in the light of its financial, administrative and technical capabilities. In case result of the report includes the company’s failure in any financial, administrative or technical aspects, Department shall have the right to manage the company through the seconded Committee or any of its members to address any defect in a manner that ensures the conduct of the company’s normal business and take the necessary procedures to address the financial, administrative and technical situation of the company and determine a time schedule to pay obligations due from the company to any authority and consequently determine the future of the company in term of continuity or non-continuity of its business and recommendation thereof to competent authorities.
(Text of the article after amendment thereof by Law No. (4) of 2014)
Paragraph (3) in Article (3) of Law (1) of 2012 on Organizing Department of Civil Aviation in Ras Al Khaimah Emirate shall be replaced by the following text:
3-After the Department ensured the financial, administrative and technical capabilities of the company, It shall do the following:
A- Granting approval to Competent Authorities concerned with issuing licenses to carry on activities of travel, freight and cargo agencies.
B- Granting initial approval on issuing licenses to carry on activities related to civil aviation, aircraft maintenance, trading in aircraft spare parts, navigational devices, and airport equipment.
C- Granting approval to issue licenses of any company wishing to work through Ras Al Khaimah International Airport in one of airports activities.
D- For the continuity of the approvals, business, and activities stated in clauses (a), (b), and (c) above, the Department shall control and supervise the extent of company's financial, administrative, and technical capabilities. However, if it turned out existence of defect or failure in the company that affects its financial, administrative or technical capabilities to continue the activity and business thereof properly, the President of Department shall have the right to appoint tripartite committee consisting of a representative of the Department and two members with experience and competence. The Department President shall determine the Committee’s fees due from the company to study its situation. The Committee shall exercise the following tasks and competences:
1- Look into the company's documents, books, records and entries.
2- Address any government or non -government authority to inquire about or obtain any data related to the company.
3- Review and enumerate the company's dues with any authority.
4- Review and enumerate company's assets and fixed assets.
5- Review and enumerate company's indebtedness, and for this purpose, the Committee shall meet with creditors or their representatives in the manner determined by the Committee.
6- Consider all technical and administrative aspects of the company.
7- Prepare full report of Committee’s findings regarding company’s status and its financial, administrative and technical capabilities and recommendations thereof on that regard. However, Committee shall complete such report within three months from date of appointment and the Department’s President may extend such period more than once, when necessary, provided that the total extension period shall not exceed nine months.
8- In order for the Committee to perform its tasks, it is prohibited for courts or judicial bodies to consider any disputes or request against the company related to any indebtedness or claim or any other matter. Any pending disputes before courts or judicial bodies shall be suspended till completion of Committee’s works. The creditors may, in the event no agreement had been achieved with the Committee on settling their claims within thirty days from the date of completing the report, resort to competent courts according to provisions of law.
9- Despite what had been stated in the two clauses 7 and 8 of this paragraph, the Committee, before the expiration of the extended period stipulated in clause 7/D of this paragraph, is entitled to submit a written request to President of the Department indicating therein the progress of the report and their need to get sufficient time to complete it along with stating reasons and justifications of the request. If President of the Department is satisfied by these reasons and justifications, he may grant the Committee, by resolution issued by him, an additional period not exceeding three months, as date of expiry of the period mentioned in the seventh clause of this paragraph.
E- The Department shall consider the Committee’s report to recommend the continuity of activity, business and approvals granted to the company in the light of its financial, administrative and technical capabilities. In case result of the report includes the company’s failure in any financial, administrative or technical aspects, Department shall have the right to manage the company through the seconded Committee or any of its members to address any defect in a manner that ensures the conduct of the company’s normal business and take the necessary procedures to address the financial, administrative and technical situation of the company and determine a time schedule to pay obligations due from the company to any authority and consequently determine the future of the company in term of continuity or non-continuity of its business and recommendation thereof to competent authorities.
