Family businesses hold a substantial position in the UAE’s economy, representing approximately 90% of all enterprises nationwide. These entities are significant drivers of economic growth, innovation, and job creation. However, as they expand and adapt, family businesses encounter unique challenges that call for strong governance frameworks. Effective governance is essential not only for sustaining long-term growth and stability but also for mitigating risks and bolstering operational resilience.

This article examines some of the key governance challenges faced by family businesses in the UAE and outlines selected strategies aimed at safeguarding their future.

Challenges Faced by Family Businesses

Family businesses in the UAE face several challenges that can threaten their stability and growth. One primary concern is transition risk, particularly as many family-owned enterprises lack clear succession plans. Leadership changes without predetermined successors can lead to uncertainty, internal conflicts, and operational disruptions. This risk intensifies from the second generation onward, often leading to power struggles.

The absence of formal governance structures further exposes family businesses to conflicts of shareholders interest and inefficient decision-making. When family members assume multiple roles, boundaries between personal and professional roles and responsibilities can blur, undermining accountability and fostering misunderstandings. Additionally, issues like territoriality, unresolved interfamily conflicts, and complex family dynamics can impact business performance, straining relationships and jeopardizing the enterprise's growth.

Implementing Effective Governance Strategies

To address the challenges faced by family businesses, owners and members should consider the following strategies:

1. Succession Planning: Establishing a comprehensive succession plan is essential for identifying potential successors and outlining the training and mentorship required for their development. Leveraging legal structures such as foundations and trusts can facilitate smooth asset transfers and help preserve the family legacy. Jurisdictions like the Abu Dhabi Global Market (ADGM) and the Dubai International Financial Centre (DIFC) offer structured mechanisms for wealth management and succession planning for seamless transfer of family-owned businesses across generations.
    
2. Formal Governance Structures: Implementing formal governance structures, such as family councils or advisory committees, along with key documents like family charters, constitutions, by-laws, and shareholder agreements, is essential for defining roles, responsibilities, and decision-making processes. These documents serve as a foundational framework, articulating the family’s values, vision, and operational guidelines, thereby aligning family and business objectives. They should address key topics like profit-sharing ratios, exit strategies, ownership and share transfer restrictions, decision or voting arrangements, succession planning, conflict resolution and family meeting protocols.
    
3. Conflict and Deadlock Mechanisms: Adopting structured processes for dispute resolution can prevent conflicts from escalating and help preserve both family and business relationships. Formal mechanisms, such as mediation, provide a structured approach to resolving, ensuring that disputes are managed promptly and constructively. In the event of a deadlock situation, particularly where family members hold equal stakes or decision-making is evenly divided, it is advisable to incorporate deadlock resolution mechanisms, including buy-sell provisions or other defined exit strategies. Such mechanisms can be included in the governance documents as discussed above and tailored to the unique needs and objectives of the family business, promoting harmony and preserving relationships without disrupting operations.
    
4. Independent Oversight: Appointing experienced external professionals as independent directors in key management roles can significantly strengthen governance in family businesses. These professionals bring valuable external perspectives and expertise, ensuring that decisions align with the business's best interests. Additionally, such independent oversight enhances credibility with external stakeholders such as investors, regulators, and financial institutions, while fostering trust among family members and strengthening the business’s reputation and operational effectiveness.
   
   At the same time, professional management brings best practices and industry standards into the organization, driving performance improvements and encouraging innovation. By delegating day-to-day operations to skilled professionals, family members can concentrate on strategic oversight and governance, ensuring the business remains competitive and adaptable in a dynamic environment.
    
5. Enhancing Financial Transparency: To strengthen financial transparency and build stakeholder confidence, family businesses should establish a comprehensive financial reporting policy that complies with accounting standards and mandates regular disclosure of key financial information. Clear policies on the use of company funds help define permissible expenses and reinforce accountability, while robust internal controls ensure the accuracy and integrity of financial reporting. Engaging external financial advisors and creating a governance or audit committee with independent directors further enhances oversight and regulatory compliance. By adopting these measures, family businesses can improve transparency, facilitate access to external financing, and support long-term growth.
    
6. Merit-Based Employment: Family businesses have now started including contractual provisions that restrict the employment of family descendants until they reach a specific age. This requirement allows younger family members to gain professional experience outside the family enterprise, demonstrate their competencies, and meet established performance benchmarks. Such merit-based employment policies, when applied consistently, can reduce internal power struggles, promote fairness and ensure that family members acquire the requisite skills and expertise before assuming critical roles within the organization.

Family businesses can benefit from Federal Decree-Law No. 37 of 2022, which introduces an opt-in registration framework specifically for family enterprises in the UAE. This allows them to access legal protection and various governance benefits, as discussed above.

Conclusion

In summary, effective governance is essential for the long-term success and resilience of family businesses in the UAE. While conversations around governance structures may be challenging or even uncomfortable, it is always worthwhile to address these issues. By establishing clear operational and succession guidelines, family businesses can better navigate complexities and protect their legacies. Embracing these strategies and best practices not only enhances operational efficiency but also prepares family enterprises for sustainable success in an increasingly competitive marketplace.