أسئلة وأجوبة
أسئلة وأجوبة
5 متاح 5 • عرض الجميعAre the partners of an FZLLC liable for the company debts from their own money?
Q: My company is FZC - Free Zone Limited Liability Company (FZ-LLC). The company is incorporated in the Free Zone with 2 shareholders and has 2 licenses- Commercial & Industrial and has a warehouse for stocking the goods.
Every year when the license is renewed, the warehouse rental is also renewed. In the last 4 years, the licenses and warehouse are not renewed and the warehouse is not handed over to the Authorities.
The Authorities filed a legal case saying that the warehouse rental needs to be paid for 4 years, and only then the premises can be vacated. Then the judge issued the verdict saying that the owners are liable to pay.
Since the owners cannot pay the amount, the judge orders travel bans and arrest warrants for the owners. The company is LLC, which means in general, the owners of an LLC are not personally liable for the debts of the company.
This means that if the company is sued, the owners are not responsible for paying off any debts with their personal assets.
Am I right?
2023/07/17
127
المطالبة بمستحقات العمل بعد صدور الحكم رغم بيع كافة الأصول
س: السادة المحامون،
نحن خمسة موظفين نعمل في شركة ذات مسؤولية محدودة مقرها دبي. رفعنا دعوى عمالية ضد الشركة. فزنا بالدعوى وعينت المحكمة خبيرًا لبيع أصول الشركة.
انتهت الإجراءات، لكن المدير العام باع جميع الأصول القيمة مسبقًا. نتيجة لذلك، لم يتبق شيء في الشركة. عندما استفسرنا لدى العضيد (محكمة دبي) لفرض حظر سفر، قيل لنا إنه غير ممكن لأنها شركة ذات مسؤولية محدودة.
في هذه المرحلة، نريد (وفق مطالبة إجمالية قدرها 300000 درهم إماراتي) تعيين محامٍ بهدف:
1. التحقق مما إذا كان بإمكاننا طلب إصدار حظر سفر أو مذكرة اعتقال ضد المدير العام للشركة.
2. نعتقد أنه حول الأموال إلى حساباته الشخصية. لذلك، نريد مراجعة حسابات الشركتين (واحدة شركة منطقة حرة في عجمان والأخرى شركة ذات مسؤولية محدودة في دبي) على مدار السنوات الخمس الماضية.
تتكون الشركة بشكل أساسي من فرعين، أحدهما شركة ذات مسؤولية محدودة في دبي والآخر شركة منطقة حرة في عجمان. كانت تأشيراتنا تابعة للشركة ذات المسؤولية المحدودة، ولكن معظم الفواتير والمدفوعات كانت من خلال حساب شركة المنطقة الحرة.
المُلاك وأرقام ضريبة القيمة المضافة لكلا الشركتين متماثلة، ولدينا بريد إلكتروني وكشوف حسابات لإثبات ذلك.
برجاء تقديم المشورة!
2023/01/28
379
هل يجوز لشريك الشركة أن يقر بالدين عن الشركة لنفسه؟
س: سيدي العزيز / سيدتي العزيزة،
هل يجوز لشريك في الشركة أن يقر بالدين عن الشركة لنفسه؟
هناك شركة ترخيص مهنية صغيرة بشريكين. يتمتع كل شريك بصلاحية التوقيع على المستندات منفردًا. قام الشريك الأول بإعطاء مليون درهم كقرض لشركته من حسابه الشخصي.
لا يوجد مبلغ مساوٍ مدفوع من قبل الشريك الثاني. تظهر الحسابات المصرفية للشركة أن الشركة تلقت أموالاً من الشريك الأول ولا يوجد دليل على أنه تم سداد هذا المبلغ.
يوجد حكم قضائي حالي ينص على أن الشريك الأول أعطى قروضًا للشركة وأن الشريك الثاني لم يقدم أي دليل على سداد نصيبه.
هل يستطيع الشريك الأول، بصفته شريكًا وموقّعًا يتمتع بصلاحية التوقيع منفردًا، التوقيع على إقرار بالدين على ورق الشركة الرسمي لصالح نفسه بصفته الشخصية؟
أشكرك على مساعدتك.
2022/08/22
255
How to take the permission of the court to move attached company assets from place to place?
Q: We have a Dubai Mainland Foodstuff trading company that is undergoing legal issues and the company’s assets like company-owned cars, etc are attached by the court.
One of the partners is out of the country but the other partner and sponsor are here in the UAE. No travel ban has been issued.
Our query is regarding the company car which is currently in the partner’s building parking lot and due to the attachment, it is not allowed to move as the mulligan is unable to be removed.
The partner cannot afford to live at this apartment anymore and would like to vacate but what can be done about the car?
The other party’s lawyers are not responding regarding this issue either. The company trade license is still valid, can the company car Mulkiya be renewed?
What is the option available so that there are no fines due to moving the car out of the building?
Thank you
2024/01/11
111
As a partner who loaned money to the company, should I sue the company or my partner?
Q: Dear Lawyers,
I am a 50% partner in a company. I had given a 2M AED loan to the company about 10 years ago. There are expert reports and bank records to prove the loan.
The company does not have any bank balances or assets. Should I start a lawsuit against the company and demand 2M AED, or should I start a lawsuit against the other 50% partner and demand 1M AED?
One benefit of suing the company is that I can obtain an acknowledgment of debt, and later in an execution case, I can issue a certificate of solvency to have the other partner arrested.
However, suing the other 50% partner directly would include their name in the executive writ. Please guide me!
(I believe all necessary legal information is provided here. If something is missing, I can provide additional details here.)
+5
2024/08/14
122
قوانين وتشريعات
2 متاح 2 • عرض الجميعFederal Law No. (2) of 2015 On Commercial Companies
The provisions of this Law apply to the commercial companies established in the UAE and the foreign companies that have established in the UAE a base to conduct any activity therein or established a branch or representative office. The Law abrogates Federal Law No. (8) of 1984 Concerning Commercial Companies.
2015/03/25
29549
Federal Law No. (5) of 1985 On the Civil Transactions Law of the United Arab Emirates
The provisions of this law, promulgating UAE Civil Code, govern the civil transactions in the United Arab Emirates. The commercial transactions remain subject to the laws and regulations applicable in their regard.
1985/12/15
148442
متميز
إجابة أخرى من
718 718 إجابات •
عرض الجميعWhat is the legal process of acquiring 50% ownership stake in a local company in Dubai?
A local company in Dubai intends to acquire a 50% ownership stake in an auto repair business currently owned by an individual (100%).
We are seeking professional legal advisory services to guide us through the acquisition process.
2025/04/11
81
Is it legal to reduce the salary after signing an employment contract?
Hello,
Is it legal to reduce the salary after signing an employment contract?
2025/03/19
89
Can the owner of a company escape if there is a cheque execution and travel ban on him?
I raised a cheque execution case against a company and its owner and won. There is a travel ban on him. I was receiving installments for three months and now he stopped paying.
The court after request summoned him. In total, he paid only 30% of the owed money. I found that his company license is expired and also in the month his visa will expire.
Does he have any option to avoid payment?
Please note he was deceived by showing no money in his bank account and no assets in his name but he is running multiple businesses.
Also a month ago, he tried to convince me to lift the travel ban but I refused to do so. But he submitted a guarantee and left UAE.
Now the status shows he is back in the UAE and the travel ban imposed again. But after that, he stopped payment.
Is there a 1% chance of him not paying me the remaining money?
Is there a way he can leave the country through the Amnesty program or any of this sort?
2025/03/12
100
In EMARATAX, must two licenses for the same activity in different emirates register separately?
Hello,
In EMARATAX (The Federal Tax Authority), if someone has two licenses in different emirates for the same activity, does he need to register two taxable persons, or how should he proceed?
2025/03/02
77
Can a developer demand extra payment for a 30% size increase after handover?
Hello,
I purchased a one-bedroom off-plan unit in Dubai from a well-known developer under an SPA specifying an area of 801 sq. ft. I completed all payments as per the developer’s payment plan, and the unit was handed over to me without a Title Deed.
After taking possession, furnishing the unit, signing a tenancy contract, and making repeated follow-ups to obtain my Title Deed, the developer informed me, 45 days after handover, that the actual area was 1,041.41 sq. ft., a 30% increase from the original SPA terms.
To receive my Title Deed, they are now demanding payment for the increased size.
Key issues:
- Failure to notify me before handover about the 30% increase in area.
- The SPA allows for price adjustments for area variations but specifies that such adjustments must be reflected in the final installment, which I had already fully paid before handover.
- The developer has now filed a legal case through Dubai Courts, demanding payment.
I require legal advice based on RERA/DLD laws and the SPA.
2025/03/12
66
متميز
إجابة أخرى من
830 830 إجابات •
عرض الجميعMy tenant was supposed to vacate as per the contract. Can I rent the property to another tenant?
Good morning.
My tenant was supposed to vacate the property on 15th April 2025 as per the contract.
Now he is not answering the phone, and the property is still in use.
Please guide the way forward. I have already rented the property to a new tenant.
2025/04/16
26
Do smart police stations in Dubai override official filing hours for legal deadlines?
Dear Lawyers,
The case needs to be filed during official working hours, on a subsequent working day (if the last day falls on an official holiday), in Dubai.
With Smart Police Stations operating 24/7, how are these situations considered?
Should the case be filed during working hours, say before 3 PM, etc.?
2025/04/16
19
How can we recover a salary advance to a new employee if he fails to come to duty and uses alcohol?
As the HR manager of a company, I have issued a salary advance to the employee. Upon joining, he failed to go to duty and used alcohol daily in the camp.
I have a signed thumb-impression cash receipt. What options do I have to recover the AED 7000 advance paid to the employee?
Please help.
Regards,
B.
2025/04/16
36
Am I allowed to wear a burka during the divorce hearing at the family court?
Hello,
Am I allowed to wear a burka during the divorce hearing at the family court?
2025/04/16
45
Can I use my husband's case number to get information about his exit date?
Hello,
I have my husband's case number. Can I get information about his exit date using the case number?
Fujairah Jail.
2025/04/16
21
متميز
إجابة أخرى من
3207 3207 إجابات •
عرض الجميعCan I file for mutual divorce from Dubai as an Indian resident and my husband works in Saudi?
Needed to know if I am eligible to file for mutual divorce as an Indian expat living in Dubai and holding an Indian passport and also have Canadian PR.
My husband is a Canadian citizen working in Saudi on a work visa.
What are my rights?
Can I ask for alimony?
Can I file for divorce from Dubai?
I have no children from the marriage.
2025/03/21
91
My cousin has multiple penal judgments of fine and jail. How will this be calculated?
My cousin is in the central jail of Al Awir since October 2024 till date 20/03/25. She has 6 different penal cases all judgements are done, last one was done yesterday.
In total, she has a fine of about 135000, 1 month in jail, and deportation in 1 case.
How will this be calculated moving forward?
Also she has spent time in different police station detentions from 23rd May 2024 till October including 48 days or so in Ras al Khaima.
2025/03/21
56
Does a cheque bounce effect my AECB score ? Is there a policy for this?
Does a cheque bounce affect my AECB score?
Is there a policy for this?
2025/03/20
89
What are my options after my rental renewal offer and deposit was rejected by the owner?
Hello,
I submitted an offer and deposit through the trustee office, but the owner rejected it. What is the next step?
They sent an email notification stating that if not renewed within the contract's end time, 500 AED will be deducted for each additional day of stay.
2025/03/20
63
How can I cancel my visa and POA for financial matters if I have a travel ban for company bounced cheque?
I am seeking urgent guidance regarding my current visa status in the UAE. I was previously employed by a company that has now shut down, but my visa is still under that company.
During my tenure, I held Power of Attorney (POA) for all financial matters. However, after a cheque issued by the company bounced, the owner revoked my POA without my knowledge.
The company officially closed last year, and the owner (a lady) has been missing since the case emerged.
No one from the company is responding, and I am currently stuck in Dubai due to a travel ban imposed on me related to this case.
I need clarification on the following points:
How can I cancel my existing visa under this closed company?
Will I be able to obtain a new visa under another company despite the travel ban?
Are there any legal blocks or restrictions affecting my visa or employment options?
What legal steps can I take to resolve this situation?
I would appreciate your guidance on the next steps and any possible solutions.
2025/03/20
75
متميز
إجابة أخرى من
689 689 إجابات •
عرض الجميعHow can I lift my ex-wife’s travel ban on my son and secure full custody?
Hello,
My ex-wife has already obtained a travel ban for my 7-year-old son, who has been living with me for more than two years without any support from her.
What should I do to get the travel ban lifted permanently? Should I file a custody case, and will it help?
How can I get full custody of my son, as his mother cannot properly take care of him?
2025/03/20
64
Does unpaid leave include weekends if they fall within the leave period?
Hello,
If I take unpaid leave and a weekend falls in between, will the weekend also be counted as unpaid leave, meaning I will not receive a salary for those weekend days?
Thank you!
2025/03/23
90
I purchased a rented apartment in Abu Dhabi. Can I evict the tenant immediately if there is no Tawtheeq contact?
I recently purchased a rented apartment in Abu Dhabi and agreed to honor the existing lease. After the transfer, I discovered that the lease is not a Tawtheeq contract, meaning it is not officially registered.
Since I am not receiving rent (as it was a non-refundable arrangement with the seller), I prefer not to issue a new Tawtheeq. I also want to avoid a formal notice to vacate to prevent disputes, as I plan to move in.
However, I have already informed the tenant that I will not be renewing the lease. I need legal advice on the implications of proceeding without a Tawtheeq contract.
What are my risks, especially if the tenant refuses to move out?
What legal actions, if any, can the tenant take in this situation?
2025/03/25
73
Can the new owner use the old eviction notice to re-rent at a higher rate?
Hello,
My landlord issued an eviction notice stating an intention to sell.
He has since sold the property before the eviction date, and now the new owner intends to use the old notice to evict me and re-rent the apartment at a higher rate.
Is this allowed?
2025/03/24
119
Charged in a fight case marked as a "temporary matter." What does it mean?
Hello,
I have a criminal case for fighting, and it is now in prosecution. The decision shows “a temporary matter” as both parties are accused. What does it mean?
I have not received a call from the prosecution yet.
2025/04/17
29
احصل على عروض أسعار من محامين
ابحث عن المحامي المناسب لاحتياجاتك القانونية.
أرسل طلبك واحصل على عدة
عروض تنافسية من
محامين مؤهلين.
أسئلة شائعة
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اطلب استشارة من محامٍ