The CBUAE’s Resolution Powers Under the New Banking Law: Practical Considerations for Financial Institutions

2 min 43 sec May 18, 2026 (Edited)

Written by

Jody Waugh

Managing Partner

j.waugh@tamimi.com View LinkedIn Profile

Mamoon Khan

Partner

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Sarah El Serafy

Of Counsel

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In our October 2025 article Modernising Supervision – the UAE’s 2025 New Banking Law, we outlined the key provisions of Federal Decree-Law No. (6) of 2025 (the New Banking Law), including the formal introduction of a comprehensive early intervention and resolution regime administered by the Central Bank of the UAE (CBUAE). We noted at the time that these changes were “comparable to international resolution regimes” and that LFIs should treat the New Banking Law as a “programmatic change”, including refreshing lending, treasury, derivatives, and product documentation.

Since publication, a number of banks are introducing applicable provisions of the New Banking Law’s resolution framework (e.g. ‘bail-in’ type provisions) in their standard terms and conditions, and facility, treasury, and transaction documentation. It is important to flag that the CBUAE’s resolution powers under the New Banking Law are currently in force as a matter of law, albeit subject to the issuance of the executive regulations (discussed below).

Implications of the CBUAE’s resolution powers

Article 143 of the New Banking Law designates the CBUAE as the Resolution Authority in the State, and vests it with a comprehensive suite of resolution powers over any licensed financial institution it places under resolution.

As the Resolution Authority, the CBUAE has broad powers to restructure or wind-down troubled financial institutions, including replacing management, appointing administrators, terminating contracts, and restructuring liabilities (e.g., write-downs or bail-ins). It can transfer assets and operations, establish bridge institutions or asset vehicles, impose moratoria, and override shareholders and creditor rights to ensure financial stability and continuity of critical functions.

Article 143(2) of the Banking Law makes it explicit that these powers may be exercised without consent, notification, or typical legal constraints. Article 143(3) of the New Banking Law also provides that the exercise of these powers will have priority over any procedural requirements under any other applicable laws.

Importantly, nothing in Articles 142 or 143 of the New Banking Law appears to restrict the exercise of these powers on the issuance of implementing regulations or any additional instruments. Article 143(9) of the Banking Law provides that the CBUAE may issue regulations with respect to enhancing the resolvability of licensed financial institutions and the exercise of its resolution powers.

It seems that the existing powers are granted directly by the New Banking Law itself; the reference to the ability to issue regulations may potentially be to streamline and suitably implement those powers in a more prescriptive manner, without restricting the statutory resolution powers under the New Banking Law.

By way of comparison, in other international jurisdictions (e.g. the EU) which have implemented similar resolution regimes, bail-in clauses and resolution-stay clauses are prevalent across financial institutions’ documentation. UAE banks should therefore consider the adoption of contractual recognition clauses on the CBUAE’s resolution powers as an immediate measure. Contractual bail-in and stay-recognition clauses allow counterparties (including bank shareholders) to acknowledge and agree that their liabilities would be subject to the statutory powers of the CBUAE, thereby substantially mitigating challenges to regulatory measures during a resolution process.

Conclusion

The introduction of a comprehensive statutory resolution regime is one of the most significant developments in the UAE’s financial regulations in recent years. The CBUAE’s resolution powers are in force under the New Banking Law, and banks should consider standardising clauses across their documentation in recognition of those powers.