Abdullah Al-Azri – Decree Blog https://blog.decree.om Mon, 06 Oct 2025 04:47:49 +0000 en-GB hourly 1 https://wordpress.org/?v=6.8.3 https://i0.wp.com/blog.decree.om/wp-content/uploads/2021/12/favicon-decree.png?fit=32%2C32&ssl=1 Abdullah Al-Azri – Decree Blog https://blog.decree.om 32 32 197035704 MOCIIP Amends the Executive Regulation of Foreign Capital Investment Law https://blog.decree.om/2025/mociip-amends-the-executive-regulation-of-foreign-capital-investment-law/ Mon, 06 Oct 2025 04:24:56 +0000 https://blog.decree.om/?p=3464 The Ministry of Commerce, Industry and Investment Promotion published in this week’s issue of the Official Gazette an amendment to the Executive Regulation of the Foreign Capital Investment Law that makes it an obligation for every company established by a foreign investor to recruit at least one Omani employee.

Companies subject to this law are required to comply with this obligation within a year from the date of the commencement of the commercial activity of such company.

Existing companies have up to 6 months to comply with this obligation starting from the date of renewal of the commercial register, or the issuance or renewal of the work license, whichever occurs first.

It is worth-noting that even though this is a new obligation under the Executive Regulation of the Foreign Capital Investment Law, the Ministry of Labour has previously issued instructions in the form of a circular requiring both foreign investor companies and local companies to employ at least a single Omani national.

The new amendment to the Executive Regulation of the Foreign Capital Investment Law enters into force today. You can read it full in English on the link below:

You can also view the consolidated version of the Executive Regulation of the Foreign Capital Investment Law on the link below:

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Law Firms as a Company Form https://blog.decree.om/2025/law-firms-as-a-company-form/ Sun, 05 Oct 2025 04:11:50 +0000 https://blog.decree.om/?p=3455 Under the Advocacy and Legal Consultancy Law, a person wishing to practice law must register his law office either as an advocacy firm or a legal consultancy firm. This law office is recognised by this law as a civil company that does not fall under any of the types of companies recognised by the Commercial Companies Law. However, the Executive Regulation of the Advocacy and Legal Consultancy Law stipulate in article 77 that in “regard to matters not covered by a special text in this regulation and that do not contradict its nature, the provisions for the one-person company and the limited liability company stipulated in the Commercial Companies Law and its regulation apply to the firm”. This blog post will will delve into the specific nature of how law firms operate as a company and explain the main differences between them and one-person companies and limited liability companies.

Legal Status

Law firms must be established as either advocacy firms or as consultancy firms, and the two cannot be combined and they must be owned by advocates or legal consultants and they cannot be partners in more than one firm.

This segregation of the two specialisations assumes that their work is sufficient as a stand alone service, however the truth of the matter is that they are complimentary services, a system like the UK’s LLP structure allows both to work together. This will have ramifications to firms with foreign investment as they will not be able to register as advocates, and those having two teams of corporate and litigation will most likely have to split. Another consequence will occur to clients who had their work previously done by one firm, as now they will have to go to two distinct firms to manage their disputes and contracts.

Limited liability

Article 51 of the Executive Regulation of the Advocacy and Legal Consultancy Law stipulates that a “partner in the firm is personally liable towards the firm and the rest of the partners for his professional mistakes, and the firm is liable for the mistakes of the partners before third parties”. This can be contrasted to the shareholders of an LLC, who are liable up to the extent of their contribution to the capital, and their personal assets are protected. This demonstrates that the partners of a law firm do not have limited liability provided by LLCs and one-person companies.

It can be argued that these distinctions illustrate that law makers hold law firms to a higher standard as their value is derived from their professionalism and not the unique name, thus requiring them to offer more value than a mere alluring marketing scheme.

Naming

According to article 40 of the Advocacy and Legal Consultancy Law, the “name of the firm must be derived from the name of its owner or one or more partners in it”. In the case of a death of one of the partners, their name should be amended unless the partners obtain the written consent of the heirs to keep the deceased name, as stipulated by article 59 of the executive regulation.

This limitation does not exist for LLCs and one-person companies as their name does not have to be tied to the identity of the shareholders, which provides LLCs and one-person companies with more freedom to be unique and distinctive.

Succession

A major difference between law firms and traditional LLCs and one-person companies is the mechanism by which the ownership of the law firm is transferred to the heirs of the owner. For a law firm owned by a single person, the law firm ceases to exist after his death, unless the shares are collected by heirs who are advocates or legal consultants. If the law firm is a partnership, the law firm does not cease to exist, but the shares do not transfer to the heirs unless they are advocates or legal consultants, if they are not, they must transfer the shares to a registered advocate or legal consultant within 90 days of the death of the partner as stipulated in article 58 of the executive regulation.

This is not the same as a traditional LLC or a one-person company where there is no pre-requisite for the successors to meet certain professional qualifications before they inherit the shares.

Conclusion

This post provided a few examples of the differences between law firms and traditional companies types such as LLCs and one-person companies. To learn you more about the process for establishing a law firm, you can read the Advocacy and Legal Consultancy Law and its executive regulation in English in full on the link below:


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Four Unique Industrial Property Rights Protected in Oman https://blog.decree.om/2025/four-unique-industrial-property-rights-protected-in-oman/ Mon, 22 Sep 2025 10:51:37 +0000 https://blog.decree.om/?p=3402 Industrial property rights are important for all businesses. Oman has one of the most comprehensive legal frameworks for the protection of industrial property rights in the region. Some of these rights, such as patents, trademarks, and trade secrets, are known to everyone. This blog post highlights some of the less known industrial property rights that are protected in Oman.

1. Utility Models

Utility models provide protection to novel inventions that have a sufficient inventive step and are capable of industrial application. This form of protection is very similar to patent protection, but the required degree of inventiveness is lower. The protection of utility models lasts up to 10 years.

Utility models are not very famous because the inventions they protect are of a lower degree of inventiveness. There are many example of inventions that are protected by utility models, such as the “Nissin Cup Noodle” which offers an inventive way of making cup noodles but falls below the required level for patent protection.

2. Industrial Design

Industrial design right protects the 3D design of a product, whether with or without colours if the designs offers a unique and special appearance that can be recognised distinctively. It is important to note that design right does not protect the technical functionally of the product and only covers its aesthetic and design. The design right can be protected for periods of 5 years that can be renewed up to 15 years.

For example, Christian Dior registered the design of the bag seen in the image below in Official Gazette 1613.

3. Layout Designs of Integrated Circuits (Semi-conductors)

The right of a layout design of an integrated circuit protects the topographical design of a silicon chip for layout designs that are original. The protection lasts for up to 10 years.

The legal framework has provided for this protection since 2008, however we have not been able to locate the registration of a layout design in Oman.

4. Geographical Indications

Geographical indications protect the names or indication that identify goods as originating from a specific location. Geographical indications are similar to trademarks and their protection can last indefinitely. For example, in theory, geographical indications can be used to protect the name “Omani Halwa” so that it is used to refer to halwa made specifically in Oman and to prohibit others from calling halwa made elsewhere Omani.

Conclusion

These were only some of the example of industrial rights protected by Omani law. It is highly recommended that you familiarise yourself with the full text of the Omani Industrial Property Law. You can read it in English in full in the link below:


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MHT issues new Jebel Sifah Resort Regulation https://blog.decree.om/2025/mht-issues-new-jebel-sifah-resort/ Sun, 21 Sep 2025 10:42:44 +0000 https://blog.decree.om/?p=3408 The Ministry of Heritage and Tourism published in this week’s issue of the Official Gazette the Regulation of the Rules and Systems of Real Estate in Jebel Sifah Resort.

This regulation supplements the Executive Regulation of the System of the Ownership of Real Estate in Integrated Tourism Complexes by adding new obligations to developers, buyers, and owners in Jebel Sifah Resort. Some of the new key obligation for developers under the new regulation include obligations to use an escrow account, appoint an independent audit office, and insure all units.

This new Jebel Sifah Resort Regulation enters into force tomorrow. You can read it in full in English on the link below:

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New Law Combatting Human Trafficking Issued https://blog.decree.om/2025/new-law-combatting-human-trafficking-issued/ Tue, 16 Sep 2025 04:40:34 +0000 https://blog.decree.om/?p=3390 A new Law Combatting Human Trafficking was issued in this week’s issue of the Official Gazette replacing the Law Combatting Human Trafficking of 2008.

The Law Combatting Human Trafficking of 2025 adds new detailed definitions for human trafficking concepts that were not defined in the previous law, such as sexual exploitation and forced labour. The law also criminalises new trafficking activities such as deporting and detaining of humans in the context of human trafficking. The punishments under the law have also been increased so that the maximum prison sentence for general offences is increased from 7 to 10 years.

The Law Combatting Human Trafficking of 2025 has already entered into force. You can read it in full in English on the link below:

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