أسئلة وأجوبة
Can I file a warrant of arrest against POA holder if not listed in trade license?
Good day!
I am seeking to get advice about my labor case.
I filed a case against my company in 2021. In July 2022, my case was won. However, I have not yet received my money.
When I called the Abu Dhabi Judicial Department, the call center representative said I should go to any Enjaz office and request a MOA (Memorandum of Agreement). I should then file a warrant of arrest against my previous company.
The owner of the company is not listed on the trade license. I believe the owner is his father, who lives in India. The person who is responsible for the company has only a POA (power of attorney).
My question is, can I use the name of the person with the POA on the warrant of arrest, instead of the name on the trade license?
Thank you for your advice in advance.
I appreciate it!
Dear Questioner,
Greetings!
Please be informed that if you have a favorable judgment and the company has not yet complied with its obligations, the first advisable action is to file an execution petition.
In due course, you can request for the confiscation of assets such as any money available in the company's bank account, any vehicle registered under the authority, any property or company registered in the UAE.
You can also request for the blocking of the trade license and the arrest warrant of the manager (as per the trade license and the MOA).
The POA holder can be made liable for civil judgments only if there is sufficient proof that the POA holder has given a personal guarantee or entered into other contractual arrangements that make him personally liable for the company's liabilities.
In such situations, the POA holder may be subject to legal action, including the enforcement of judgments.
For further assistance, kindly contact me via phone or email for further assistance.
Best Regards,
